Help! Settled with capquest but capital one still chasing me

Jemma-T

A little bit of balance.

Capital One give cards to people who have problems getting cards elsewhere (ie they give their customers -quite literally- credit). If you clear your debt and look after your account you should never have a problem. If you do have a problem you have lots of consumer protection.

Never had a problem with them. Yes, they're not perfect but I read many more horror stories about other banks than Capital One.

exel1966

Merlinexcalibur wrote: »

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.

You obviously didn't read the post !!