capquest help

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littledi
littledi Posts: 15 Forumite
in Debt-free wannabe
Hi, I'm a new member and not sure if I'm posting in the right place,apologies if I'm doing this wrong.
I need help to approach Capquest for charges I had added to a debt they bought from RBS. In one month alone they charged me £600 ,they said it was charges they were allowed to add. I had made the big mistake of telling them I suffered severe mental health issues,and didn't understand what was happening. They also told me they noticed from my expenditures,that I had a car,they told me sell my car,use a bus and pay them the money I get for my car! This debt has now been paid off,but reading through some threads on here,I wonder if I could try to reclaim any charges?
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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    What charges did they add?
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi littledi

    Welcome to the forum. You will need to know what the charges were, to know if you can dispute them. A debt collection agency (DCA) can only add these in line with the terms and conditions of the original agreement.

    You can ask the DCA for a copy of your agreement and a statement of the account. If they do not provide these make a subject access request under the Data Protection Act. They may charge you a £10 fee for doing this. You can find a sample letter here https://www.nationaldebtline.org/EW/sampleletters/Pages/Personal-information-under-the-Data-Protection-Act-(sole-name).aspx.

    Do let us know when you have the information, or you may want to contact one of the free debt advice agencies directly for advice. Good luck with it.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • littledi
    littledi Posts: 15 Forumite
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    Hi,they said the charges where administrative charges.
    Thankyou for your reply.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi again littledi


    Adding £600 of fees in one month certainly doesn’t sound right, but I would still advise trying to get a copy of the agreement and a statement of the account if you can.


    You can make a formal complaint to Capquest about the fees. If you are not happy with their response you have the option to take your complaint to the Financial Ombudsman Service (FOS). They are an independent organisation who deal with complaints about creditors and debt collection agencies.


    Capquest should not have put pressure on you to sell your car so you may wish to complain about that as well. The Financial Conduct Authority’s guidance states:



    7.3.10 A firm must not pressurise a customer:


    (3) to raise funds to repay the debt by selling their property, borrowing
    money or increasing existing borrowing.



    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • sourcrates
    sourcrates Posts: 28,948 Ambassador
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    Most consumer credit act debts do not allow 3rd parties to add charges to accounts, unless the original agreement allows them to do so.

    Never take the word of a debt collector.

    You need to now do a SAR (subject access request) get a copy of the agreement and study it carefully.

    If charges were added maliciously you can claim them back.

    Unfortunately Capquest are an olde school debt collector the FCA has yet to catch up with.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • littledi
    littledi Posts: 15 Forumite
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    Susie,how do I message you? I don't know how to message on this site!
  • sourcrates
    sourcrates Posts: 28,948 Ambassador
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    littledi wrote: »
    Susie,how do I message you? I don't know how to message on this site!

    Hi,

    You cant message National Debtline on here unfortunately, you can always contact them through there website.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • littledi
    littledi Posts: 15 Forumite
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    Hi Suzy, I got a reply from Capquest. They said they have contacted the company they purchased the debt from in Oct 2006. They say they are unable to provide a copy of the agreement as I requested.
    The amount they say I owe is £1921.86. The default date was 2005.Capquest have said they have added £574.51 interest charges. Capquest say that I made a payment to an external company of solicitors,acting on their instructions in April 2012. I have no knowledge of the solicitor,Drydens,and Capquest have no contact details for them,and no details of the payment and how it was made!
    Do you have any advice on what I can do next please?
  • sourcrates
    sourcrates Posts: 28,948 Ambassador
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    Hi,

    No agreement means they cannot enforce there rights through the courts, so basically they can shout all they like, but can’t do anything about it.

    You can walk away and ignore them if you wish.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • littledi
    littledi Posts: 15 Forumite
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    Really? I'm worried sick that they will start harassing me again!
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