A Warning - CapQuest Debt Recovery!

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  • Georges_dad
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    Thank you 'fermi' and 'sourcrates' for your replies; I shall continue to ignore the messages and see if any mail arrives before doing anything.

    kind regards

    Georges dad
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
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    Answer the phone next time and see who it is they want. If it's not you then request they remove your number from their database.
  • openwater
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    Hi everyone,
    I'm a newbie on here (2nd post) and think I just made my first school boy error - spent hours (literally) tying up my obviously massive story, then go to post - and I'm timed out. Lesson learnt.
    So I'll attempt to be as succinct as possible this time but it's nott an easy story to tell, so bear with me pls!
    I initially incurred debt with RBS in 2002 after losing my Father. Things are a bit foggy about that year or two in my life but I accept I incurred a debt of around £3,000. After a few negotiations as I remember, the debt was passed to a collections agency - Wecott Debt Recovery. I made an arrangement with them to repay the debt. A debt which I have not defaulted on in one single month in 11 years to date. The debt now stands at just under £400.
    (Now the interesting bit!)....
    In March 2006 I start receiving really quite offensive letters from a company I had never heard of until then. Namely Capquest. I know for a fact that - silly as it seems - I did make erratic one-off payments to them over the years that followed and as the tone and frequency of their actions seemingly had no limits, I even had my poor Mum make a payment or two for me. Not because I asked her - but because they began to phone my Mother's landline and speak to her about my debt!. :mad: Then my 88-year-old Grandmother started getting the calls too...:mad::mad:
    I eventually made more payments to them but only on the basis I was disputing the entire debt and that it be put 'on hold' until sorted out properly. This was some time in 2009.
    This managed to keep them quiet - despite the odd phonecall or letter - for a time. In early 2011 I start getting mail sent to my Mothers address again. The threatening stuff; doorstep collections; court action; 'freezing of my wages' etc. I got on the phone to the bunch and set things straight. I spoke to a senior manager (whom I won't name...yet) who explained he had looked over my account and although I wasn't to 'get too excited' - he thought I had made an overpayment and might be entitled to some form of rebate. This did actually make sense and I did believe this guy's sincerity. I agreed to speak with them in depth (Capquest).
    It turned out they didn't have a clue about pretty much anything. Nothing other than they represented RBS (their client) and the debt (of just over £3,000-odds) had been sold to them in 2006. Exactly when the letters and phonecalls started....
    At this point I decided I needed to do some serious research on my own. The obvious thing that stood out to me was the potential for RBS to have mis-sold (illegally????) my 'debt' information onto a 2nd collections agency (remembering I had a flawless arrangement in place with Wescott for this very debt since early 2004). The more phonecalls I made and letters I sent, the deeper this story seemed to go...
    Wescott Opinions:Flawless Client who took on his debt and repayed by s/o as agreed & on time
    Capquest Opinions: Quote(!) 'Wescott have been paying us. You make payment to them, and they make payments to us'.
    I'm beyond confused. I write directly to RBS demanding answers. I get a one page response saying effectively that are not legally obliged to provide any information regarding the account as it's been over 6 years since the inception of the debt. They're not even obliged to tell me how much the debt had initially been.
    Onto the Ombudsman. I write a HUGE report detailing everything (even more than I've rant on here). I get a message back to say they can't entertain it (the 6 year rule again). I write an appeal and ask that they read my report in full and consider that the case is not over 6 years old but that it is ongoing - as I am still receiving threatening letters. They reply they have reconsidered and take on my case. :T
    It's almost 5 months later and despite keeping in touch with the Ombudsman, it's taken this long for them to investigate it.
    I got a phonecall from the Ombudsman last week. They explained RBS wanted to make me an offer. I got excited - I thought this had all paid off, all this stress and worry - but I needn't have been. The offer the Ombudsman had was from RBS directly and was simply 'to nulify the debt'.
    I made it politely clear I rejected their offer. The Ombudsman acknowledged this.
    NOW THIS IS THE BIT I NEED A HELP WITH;
    I heard from the Ombudsman at the beginning of this week. They say the only way they can make the financial aspect of my offer more preferable and recoup my overpayments, I must provide receipts of the transactions made directly to Capquest. This is just not possible.
    I have spent days speaking with my Banks callcentre, I've even been with an appointment with my Bank manager who could see my predicament, buy couldn't help me out. The receipts the Ombudsman is requesting is simply impossible evidence to request.
    I've now been told I have one week to provide this evidence before the Ombudsman rules.
    Can anyone who has read this post (and thank you anyone that has!) advise on ANY aspect of my situation?
    I can't explain how frustrating it is to almost have won my battle after all these years - but be just a piece of paper away from losing it al too.
    Has anyone else been in this position? Has anyone taken court action against a Bank in this kind of circumstance?
    Clearly, ANY advice is very greatly appreciated!
    Sincerely,
    Openwater
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    Hi Openwater,

    That's a toughie,

    I hate to say it, but I think you may have to take the hit on this one, as you say, no one keeps receipts for that long, and what they are asking of you is frankly impossible to action.

    I would call the FOS, speak to whoever is handling your complaint, and see if a compromise can be reached, if they insist on proof of payments, then you may be scuppered.

    Are you still been hassled for these debts by the DCA's ?

    If you are, I would send the provit letter to them, I doubt they will have paperwork to back up there claim now, so at least you may be able to rid yourself of them for good, if nothing else.
    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
  • openwater
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    Hi Sourcrates and thanks for your reply.

    I was afraid that may have been the situation but in truth was quite hopeful someone on here may have spotted something in my story they may have had experience with or in.

    I will follow up with the Ombudsman. As I did make clear to her at the time, I wasn't happy with the notion of findings receipts. She is in effect asking the impossible. But then I guess that's exactly why the RBS has requested this via her in the first place!

    Regarding the 'good' DCA - they have now advised me the debt in entirety has been re-calledby the 'client - RBS - and I am at least, on that front, winning. But it's exactly that - the unquestioned decision by RBS to accept they were at fault thatmakes me that bit more suspicious....

    With the other DCA? They think I owe them £1900. They'll be getting a letter shortly!
  • Coochie50
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    May I add to the warnings about Capquest:

    I declared myself bankrupt back in 2006 due to some very difficult circumstances - I do not suggest it as a means of clearing debt!
    All outstanding debt was included in this and there was a loan to Abbey National (Now Santander) for a little over £7k that was covered by the agreement. 9 years later I have served by time and am now have a good credit rating again by working hard, keeping up repayments and doing all the right things, in short... quite pleased with my recovery.

    Yesterday, 25th May, Bank Holiday Monday, I received a text asking me to make contact with CapQuest which I duly did earlier today only to be confronted in a slightly aggresive manner when I could not provide the call handler with the address they have.

    When we finally agreed that I was the right person by confirming the number they had sent the text to this is what they were after...

    It turns out that they "bought" the debt in July 2009 from Santander and have now chosen to try and enforce it with out making any of the necessary checks on any of the relevant reference agencies. The debt no longer appears on my credit record, in fact the bankruptcy was completed in 2007, therefore clearing all debt and the restrictions ceased in 2012.

    CapQuest have now tried to re-register the debt and have therefore affected my credit rating that I have worked very hard to put back in a good place.

    What can I do to ensure that they don't leave footprints and negative feedback in my credit file?
  • fermi
    fermi Posts: 40,546 Forumite
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    Keep an aye on your credit files to make sure they don't put anything with a recent default date on them.

    If they did, then you can complain and demand it is corrected to the date of your bankruptcy, which would cause the Credit Reference agencies to remove it again.

    See here: --> Credit Reference File Clean Up Post Bankruptcy

    You also may want to send or email the letter here --> http://forums.moneysavingexpert.com/showpost.php?p=63168413&postcount=1

    to CrapQuest if they keep pestering you.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • kgw1009
    kgw1009 Posts: 52 Forumite
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    Had a couple of texts from Crapquest this week for an old Lloyds Loan. It was last paid in 2008 and dropped off my credit file last month. They have the cheek and stupidity to ask for it now???
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
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    kgw1009 wrote: »
    Had a couple of texts from Crapquest this week for an old Lloyds Loan. It was last paid in 2008 and dropped off my credit file last month. They have the cheek and stupidity to ask for it now???

    It should be statute barred by now then?
    :beer:
  • kgw1009
    kgw1009 Posts: 52 Forumite
    First Anniversary Combo Breaker
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    It should be statute barred by now then?

    Yep sure us. Dumb idiots aren't they?
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