Help! Settled with capquest but capital one still chasing me

yorkiegal

I paid an agreed amount (60%) of my outstanding credit card debt to capquest after they wrote offering me it partial settlement. They confirmed on the phone to me that if I paid this, Capital One or any other debt collection agency would not chase me for the remaining amount. They told me that my credit file would show that i had only paid a partial amount in full settlement of the debt. Once I paid it they sent me confirmation in the post that my account was now settled.
A week later I have received a letter from capital one demanding payment of the rest of the debt. I've rung them and they say they have passed it on to another debt collection company and that i still need to pay this amount.
Is there anything I can do?

CLAPTON

was the agreement to pay 60% in writing or just over the phone?

exel1966

Are you saying that Capital One sold your debt to Capquest firstly ?

You have nothing in writing from either Capital One or Capquest which gives agreement to a partial settlement ?

yorkiegal

I have two letters from capquest. the first one offering 60% as partial settlement. the second confirming that if i pay it, it will be accepted in full and final payment of this outstanding account. I paid it before the due date and have a settlement reference number.
I've rung capquest who say there isn't really anything they can do because my account is showing as settled. they think whoever inputted it at capital one made a mistake. i've been round the houses at cap one who say i have to pay it and if i don't agree i should write to them.
i could write to them and enclose photocopies of the letters from capquest i guess. i'm hoping this is just a mixup.

yorkiegal

sorry, yes cap one asked cap quest to administer the debt, then say that they took it back from them on the 9th. i paid the settlement figure on the 5th.

jakemuk

Maybe forward the letter onto cap1 a copy of it, From capquest plust proof you made the payment to them i.e bank statement or credit card statement,

Maybe they will then close it down

exel1966

Sounds to me like an admin mix-up and that Capquest actually advised (rather than took back) Capital One that you have indeed settled the debt and this was for information purposes only for record updating.

You seem to have all the confirmation you require to sort this so write the same letter to both companies enclosing ALL correspondence you have. I don't think you'll have a problem here. If you call them remember to take notes of conversations, names of the CSA, times etc, but really this should be put in writing ASAP.

NickX

You have the evidence that you were offered a "Full and Final" settlement and that you accepted the offer.

Any further demands for repayment are unenforceable and would not stand up in a court of law. You can just send these back with COPIES of your evidence and tell them where to go. There is nothing they can do.

yorkiegal

thanks guys. i hoped that was the case. I'm very relieved.

Napoleon_Jones

CAPITAL ONE LOSING MONEY!
What a terrible shame!

Thought I'd share this piece of sad news with some fellow devoted Capital One customers!

http://www.creditcarddebtbook.com/cr...r-capital-one/

Maybe the tide really is turning?

Merlinexcalibur

Okay, a couple of things. This is Capital One. They are one of the, if not THE worst culprits out of all the credit card companies for this kind of thing. Flouting regulations is their reparte. And passing your debt from DCA to DCA, even when in dispute, another one of their reparte. Communication ... pah! I also know they are in a mess because they are relocating outside the UK, overseas. What will have happened is your debt went to Debitas - Debitas aka Capital One, who are not in anyway a DCA, though they claim they are; just collections dept of Capital One- then, when they got nowhere with them, it would have been sold for something like 50p to an external agency. Who would then chase willy nilly whether paid or not.

Please, as you may read on other consumer forums, never send a debt collection agency bank statements. Once they have your bank details ... I need not say what will happen next. For the same reason, never give any DCA a debit card number over the phone. Particularly Capquest. You have paid end of. It is the onus on the DCA now to prove you haven't.

As someone else pointed out they have not a leg to stand on if they took you to court.

And, one of the golden rules is don't phone them. It's lots of money, and you are dealing with staff who are paid to answer the phone. They know nothing about anything beyond what their script tells them right in front of them. Put it in writing from now on. You cannot prove a phone call took place. Yes, they record them but you can bet your bottom dollar it will go missing if you asked for it. Which you can BTW, through an SAR request. But, as this is Capital One, don't expect to get hold of any recordings from telephone conversations. You WILL get the run around from Capital One I am afraid on the phone. Everyone does. Same with any other person in debt, any other creditor/DCA you can name. Remember, all they want from you is your money. And that's all they want to know when said and done. What they forget is what rights you have in this situation. On the phone they will exploit those. By letter you have the legal back up should it go to court. Physical evidence. I am afraid you have nothing by phone. If it's one of their overseas call centres even worse.

I know one thing. Capital One is very good at harassing people to the brink of making them ill and far worse. But, no, you are well protected on this as already mentioned.

It's too late now and I don't know whether you were advised to or had it suggested. Also, if Capquest isn't in possession of your credit agreement they aren't entitled to chase you for the debt. That is a legal requirement. You can request your agreement at any time. If they don't possess one or cannot post it to you they cannot force you to pay them. No agreement, it's not enforceable. I just mention these things for anyone else who may be reading. Having no credit agreement is a big bargaining chip on the debtors part. Because, it can then only be enforced by a judge if one doesn't exist. Creditors are less likely to take to court without one. A DCA even less so.

And to end with. I know the advice about sending in bank statements was made in good faith. But you must never send any creditor or DCA such details. Ever. They also have no legal rights to request them of you. Only a court can after a judge decides. That is for your own protection. And I only mention all these things because I have dealings with both Capquest and Capital One and am merely passing on the same advice I was given on another forum like MSE.