Capquest/HFC - who do I contact?

digitalphase

I had a credit card debt with HFC, on a Marbles card. I missed payments etc because I'm an unemployed student and they passed my debt onto a company called Capquest.

I was directed to a website called grumbletext.com from this forum, where I found a lot of other people had had dealings with Capquest. With a user's help on there I wrote Capquest a letter saying I am appealing the debt, and they have sent me a letter back saying my account is on hold for 28 days while it is investigated.

In the letter to Capquest I asked for:

1. A true signed copy of my original agreement with HFC Bank Ltd.
2. A true copy showing the deeds of assignment or sale of the account to Capquest.
3. A financial statement showing transactional details including current balance.
4. A clear explanation which informs me as to whether you are acting as agent or assignee for the alleged debts on the account and/or have power of attorney.

I got a response from them a few days ago.

One is a letter saying "please note that as we are acting on behalf of our client a deed of assignment for the above account is not applicable". They say they have requested a copy of the agreement and historical statements from their client and they will be forwarded to me as soon as they receive them. They have enclosed a print out statement of the payments I have made to Capquest (as if I don't know!)

The second is a letter dated a day later than the above letter, but I got them both on the same day. They put that my account is now on hold for 28 days while they obtain the information I require. They say if I have any proof of payments or correspondence that will assist my query that I should forward them to their Collections Admin dept.

Any ideas where I go from here? I have completed the charges calculator for all my late and overlimit fees which I want to claim back. Should I send the reclaiming charges letter to Capquest?

digitalphase

Please... Does anyone have any idea?

Orford

Should I send the reclaiming charges letter to Capquest?

No , send it to HFC, capquest have confirmed that they are only acting on behalf of HFC and do not own the debt.

dealornodeal_3

Quote

The second is a letter dated a day later than the above letter, but I got them both on the same day. They put that my account is now on hold for 28 days while they obtain the information I require. They say if I have any proof of payments or correspondence that will assist my query that I should forward them to their Collections Admin dept.

Any ideas where I go from here? I have completed the charges calculator for all my late and overlimit fees which I want to claim back. Should I send the reclaiming charges




Do not send them any correspondence (ie Ammunition).. Let them get the details, facts!

digitalphase

OK - thanks a lot!

So I shall send to Marbles/HFC... Anyone know the address I need to send it to?

digitalphase

I am in the process of claiming back credit card charges from my old Marbles/HFC Bank credit card. They amount to a stupid amount and would almost clear my balance if I got them back.

I have sent Capquest letters saying that my account is in dispute and they sent a letter back saying it was on hold while they produced the documents I requested, which were:

1. A true signed copy of my original agreement with HFC Bank Ltd.
2. A true copy showing the deeds of assignment or sale of the account to Capquest.
3. A financial statement showing transactional details including current balance.
4. A clear explanation which informs me as to whether you are acting as agent or assignee for the alleged debts on the account and/or have power of attorney.

They have confirmed they are acting on HFC's behalf and do not own the debt and in this letter I got today they have sent me the first page of my application for the credit card. They have also sent me my missing statements - all are photocopies. The payments to my account are weird though as I was paying £45 a month to Capquest directly and it doesn't always show that amount on my Marbles statements. Anyway they have put that my account is on hold until 5th December and after that they will carry on chasing me for payment.

What do I do now? I have sent a letter to Marbles/HFC Bank asking for my charges back, should I go on and send the 2nd template letter? What should I tell Capquest? My account is still in dispute with Marbles so I will not be paying anything until it is resolved?

Please help!

Curlyben

I'd be inclined to send CQ a dispute notice and that they should back off.
This should do the trick, just edit as needed.

Account In Dispute

Dear Sir/Madam,

I refer to your recent letter and telephone calls.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with BANK NAME prior to your first contact with me, and has yet to be resolved.
Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

digitalphase

Curlyben wrote: »

I'd be inclined to send CQ a dispute notice and that they should back off.
This should do the trick, just edit as needed.

Thanks very much! I shall send that letter off tomorrow

Curlyben

IF they do continue to call, and they most likely will, simply state that you require ALL communication in writing for the avoidance of doubt. Stay calm and professional at all times.
They wont like this much, but it's your right.

Don't be drawn into discussion about the account at all.
Your dealings are with HFC/Marbles and NOT CapQuest.