Capquest chasing debt, help with CCA?

Mr_Anon_2

Hi, I really need some advice!!

Have received a "creditors notice" from Capquest who have been sold a debt in my name from British Gas. Then today I received a letter from another arm of Capquest "HL Legal" threatening court action. After searching google and these forums I am not willing to contact this firm for fear of harassment, but I want to settle any debt.

After searching the forums, can anybody explain what a CCA is? Consumer Credit Act? I found this post helpful:-

http://forums.moneysavingexpert.com/showpost.html?p=15008597&postcount=9

The bottom line says if they don't respond, then the debit is unenforceable. Is this correct? I need to contact BG and find out the exact details of the debt, and if possible ask for a settlement figure. Should I write the CCA letter in the mean time? I'm willing to deal with BG but not these bunch of scum.

RAS

Hi

utility accounts are not covered by the CCA, so it would not work.

You need a prove it letter from the NDL web-site.

Mr_Anon_2

Thanks. Should I acknowledge the debt? I don't want to contact this company apart from in writing. The last letter from their "solicitors" claims if I don't pay in 7 days, they will issue a county court claim. How likely for is this for just £375? Any advice about how to proceed would be much appreciated!!

fatbelly

When did you last acknowledge the debt, in writing or by making a payment?

Threats of court action are usually threats but, yes, I have known court claims for £375.

If Capquest now own the debt, you no longer have the option of dealing with BG.

However, if that is the case, then Capquest bought it for a lot less than £375 and may be open to a 'full and final' offer.

Mr_Anon_2

Thanks for the help. I haven't acknowledged the debt at all yet... I just need to know where to start? Basically I lived in a shared house and gave BG a meter reading when I moved out, then paid the "final bill". But then a month or two later they issued another bill.

First I need to contact BG and find out where the debt occured from, as I'm not even sure I was living in the property at the time! It was a shared house, but the bill was in my name. As for Capquest I don't know how to handle them. What kind of percentage do these people write a debt off for?

dealornodeal_3

Ah, " Jolly Old Capquest Strikes Again".. Ive heard of them, they hounded someone that I know. He joined this forum, and it was found that he owed no money whatsoever!. Hope this helps you, good luck with em

http://www.grumbletext.co.uk/vt.php?t=1331&subj=complaints+Capquest+Debt+Recovery+complaint

Mr_Anon_2

RAS wrote: »

Hi
You need a prove it letter from the NDL web-site.

This is what I want, something to give me some time whilst I speak to BG. Does the 'prove it' letter I posted above apply? Apart from the unenforceable bit.

RAS

National Debtline "prove it" letter - posted here courtesy fermi.

Quote:

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other