Capital one CC. Capquest and now HL Lregal solicitors

iggle_2

Hello all

This is my first time at posting on this forum, but urgently with some advice.

I had a credit card with Capital One, which built up to £5000 limit. I started sliding on payments due to lack of funds. I was made redundant in Oct 05, and have struggled to get back on my feet since. I'm a full time time student, with 2 children, so as you may expect, still have limited funds.

Due to neglecting this case, the account has spiralled out of control. I orignally started receiving harrassing phone calls and letters from Debitas, and now I have started receiving the from capquest and HL Legal solicitors.

Here's the letter I received from them this morning:



************************* *****
Quoting reference number of loan contract that Smith Lawson & Co failed to supply.

We act for CapQuest Debt Recovery Limited in relation to the above outsatanding account.

TAKE NOTICE: That if you fail to repay this account by 19 Aug 09, a legal review will be initiated and one of the following actions will take effect:

1. Immediate legal proceedings: Costs of £190.00 will be added making the amount due £xxx.xx. Daily interest may also apply.
2. A personal visit will be made to your property by an Agent to establish details regarding your personal circumstances and to ascertain if you have any assets on which to levy.

In order to prevent this action you will need to take one of the following actions:

Pay this account in full immediately by one of the follwing methods:

<snip>

Or:

Telephone the CapQuest Legal Team on: 0870 xxxxxxx to discuss this matter further by 09 May 07.

Should you fail to pay this account or make immediate contact then this matter will take its course, which will inevitably increase your indebtedness.

We trust you will act now to clear this account.

*********************


I dont have the money to pay it off in full, so don't know what to do anymore. My question is to anyone who knows more about these matters, or who has been in this situation before, what is likely to happen? Where do I stand? And what the next course of action I should take from here please?


Many thanks

Fire_Fox

Sorry you haven't been answered before now, and welcome to the boards! What action have you taken in advance of this letter, have you written to your creditors advising them that you are in financial difficulties?

DO NOT phone as you will be harassed and frightened into making payments you cannot afford. :mad: If anyone tries to make a personal visit lock all the windows and doors and DO NOT let them into your home, or leave them stood at an open door (they are legally allowed to walk in) under any circumstances.

There are template letters on this board that you can send (always use recorded delivery), asking for all communication to be in writing and offering token payments of £1 a month - this shows you are willing but unable to pay. If they ring you do not answer the security questions and they cannot discuss your debt! :j

iggle_2

Thankyou for replying. Don't know if your reply has helped or made me even more frightened!

I sent a letter to Capital One a few weeks ago, offering to pay them a £100 per month, but not heard anything back. Don't know whether this is because it's out of their hands now they have passed over the debt. I am currently paying off other debts at presents, but some are due to end these next few months, hence being able to offer the £100.

Where would I be able to find these template letters? Will have a browse through now and see if I can find them

fermi

HL Legal is just a letter writing service.

http://www.hllc.co.uk/costs.php

Letters are purchased in volume blocks of 10, 50 or 100. For example if you would like to buy 100 credits then you are a bulk user and will not only receive a 25% discount on the standard user rate but also a further 10 FREE letter credits.

I've had letters from HL Legal before (but actually from CapQuest), and they are just scare tactics.

PNPSUKNET

Fire_Fox wrote: »

Sorry you haven't been answered before now, and welcome to the boards! What action have you taken in advance of this letter, have you written to your creditors advising them that you are in financial difficulties?

DO NOT phone as you will be harassed and frightened into making payments you cannot afford. :mad: If anyone tries to make a personal visit lock all the windows and doors and DO NOT let them into your home, or leave them stood at an open door (they are legally allowed to walk in) under any circumstances.

There are template letters on this board that you can send (always use recorded delivery), asking for all communication to be in writing and offering token payments of £1 a month - this shows you are willing but unable to pay. If they ring you do not answer the security questions and they cannot discuss your debt! :j

To advice, capquest etc can not enter anyones property, they are not baliffs and have no power anymore than the milkman.

I would write by recorded delivery to them, you need to advice them in writting that you wish for them to prove the debt is owed and provide a copy of the deed of assignment and CCA agreement.

Advice that the account is in dispute and you will only speak to them in writting only, if a visit or call is made to you it will be reported for harrasment to the OFT.

PNPSUKNET

taken from debtline, just adjust to needs:

1 High Street,
Newtown,
Kent
R21 4RH
August 8, 2009
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG
Dear Sir/Madam
Account No: 4563210025897412
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

Mr A N Other

fermi

iggle wrote: »

Quoting reference number of loan contract that Smith Lawson & Co failed to supply.

Smith Lawson & Co are the "Student Loans Company".

What has that got to do with a Cap One debt?

iggle_2

Thanks for your responses everyone. Fermi, what did you do about your letter? And if you don't mind me asking what was your outcome?

x

HEADABALL

dont worry about capquest ,my old flatmate got a debt passed from rbs of £1000 to "crapquest" ,they tried to chase her for £4000 ,she got so scared by the letters she rang them ,a student at the time she explained she couldnt afford to pay more £50 a month ,they TOLD HER TO GO GET A LOAN TO PAY THEM! tut tut a bunch of cowboys ,anyway i ended up speaking to them ,they were threatining and rude ,even said they were sending the baliffs round to take goods ,SURE .it was all a load of rubbish ,and thanks to this site we found out the debt was statue barred .so she told them to stick that in their pipe and smoke it .haha .they are just bullies ,aaarrrghhh so annoying that they can stress people out this much and dont give a damn .

Fire_Fox

iggle wrote: »

Thankyou for replying. Don't know if your reply has helped or made me even more frightened!

I sent a letter to Capital One a few weeks ago, offering to pay them a £100 per month, but not heard anything back. Don't know whether this is because it's out of their hands now they have passed over the debt. I am currently paying off other debts at presents, but some are due to end these next few months, hence being able to offer the £100.

Where would I be able to find these template letters? Will have a browse through now and see if I can find them

Very sorry, didn't mean to scare you: just wanted to impress upon you that you should ignore virtually everything debt collection agencies say! If you know your basic legal rights (you don't have to speak to anyone on the phone, you don't have to let anyone into your home, you don't have to pay what you cannot afford) and you use the template letters you will be fine.

If you get any more hassle post up on this board again and we will walk you through the way to handle it. I honestly think the regulars on this board know more about debt collection agencies than they do about themselves! Read round the board and you will see thread after thread with people starting out living in fear and ending up on top. As Martin Lewis says there is no debt problem that cannot be solved.