Pending Court Hearing But Debt Recovery Hassling

jax8008_2

I went through the reclaiming process two years ago for charges against my Abbey National Account and have been waiting for the claim to be heard in court due to the banks managing to be allowed to have these claims put on hold for as long as possible!

I have just received a letter from CapQuest Debt Recovery stating that

"This correspondence is to inform you that your Banking account has been sold to CapQuest Investments Limited who have appointed CapQuest Recovery Limited as one of their group compaines to manage your account in all matters relating to repayment."

and go on to threaten legal action if payment is not made by 27 July 09.

I would be very grateful if someone could help me make some sense of this as I was under the impression that as my claim is pending hearing in court debt recovery companies cannot hassle me.

Jackie

Orford

Suggest you write back to Capquest and request they return this to Abbey, since the account is in dispute and is already subject to a court claim (quote the claim no.) and is counter to the OFT guidance on debt collection. Quote appropriate parts from here
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

jax8008_2

Many thanks Orford. This dispute has actually been sent to court but as this was in the July just before the 'hold' was put on all claims would this make a difference? I personally thought that this would still be upheld by the courts until the time came when we were allowed to continue with the claim.

Will get in touch with CapQuest to inform them of dispute etc. Abbey have even sent me a letter stating that the arrears have been 'sold' to CapQuest - how cheeky!! I shall contact them too to remind them of the dispute - something that happened in the first instance of dispute.

Best Wishes

Jackie

natweststaffmember

jax8008 wrote: »

Many thanks Orford. This dispute has actually been sent to court but as this was in the July just before the 'hold' was put on all claims would this make a difference? I personally thought that this would still be upheld by the courts until the time came when we were allowed to continue with the claim.

Will get in touch with CapQuest to inform them of dispute etc. Abbey have even sent me a letter stating that the arrears have been 'sold' to CapQuest - how cheeky!! I shall contact them too to remind them of the dispute - something that happened in the first instance of dispute.

Best Wishes

Jackie

Just an additional thing, if CapQuest have added fees to the amount then you are not paying them and you can take if off any amount owed since you had filed in court prior to Abbey selling the debt on, again something that they are not allowed to do with a disputed debt.