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Capquest/Capital One

I was paying Cougar Financial Services £25.00 per month towards my £2k+ Capital one debt. Capital One took it off Cougar, because they didn't think they were getting enough from me and gave it to Capquest. I do plan to clear the debt, but when I get sorted.

Now Capquest won't accept my paymment offer, still £25.00 per month, have lied over the phone about dates of letters they have sent out and advised that I get the money from somewhere (I took this as being told to get a loan to clear the Capital One debt). The woman on the phone also took great offence when I asked her if she was on commission for the amount of money she gets in.

Anyway, they have now sent a letter via H L Legal threatening court action.

Should I just post a cheque to them for the £25.00 each month or do I wait for the court action?

Comments

  • WRINKLES
    WRINKLES Posts: 817 Forumite
    500 Posts
    I was paying Cougar Financial Services £25.00 per month towards my £2k+ Capital one debt. Capital One took it off Cougar, because they didn't think they were getting enough from me and gave it to Capquest. I do plan to clear the debt, but when I get sorted.

    Now Capquest won't accept my paymment offer, still £25.00 per month, have lied over the phone about dates of letters they have sent out and advised that I get the money from somewhere (I took this as being told to get a loan to clear the Capital One debt). The woman on the phone also took great offence when I asked her if she was on commission for the amount of money she gets in.

    Anyway, they have now sent a letter via H L Legal threatening court action.

    Should I just post a cheque to them for the £25.00 each month or do I wait for the court action?
    Keep paying your £25 a month if it ever getts as far as a court you have been making the effort to pay what you can,
    GRADUATED FIRST CLASS WITH HONORS FROM THE SCHOOL OF HARD KNOCKS RECOMENDED READ IF BY RUDYARD KIPLING
  • KingElvis
    KingElvis Posts: 4,100 Forumite
    Yep, these parasites annoy me.

    Tell them that's all you can afford. If they get aggressive on the telephone, just sing to them. I would suggest Lady Ga Ga, Bad Romance :-)

    You can also tell them that Elvis said to go f**k a pig.
    "We want the finest wines available to humanity, we want them here, and we want them now!"
  • Tixy
    Tixy Posts: 31,455 Forumite
    If you can afford £25 per month then you should pay it to them regardless of whether they say they will accept it. It shows you are willing to pay. And will look better should they take you to court.

    When you say they won't accept it have you written to them or just spoken over the phone?

    In suggesting you borrow money from elsewhere to repay this debt they have broken the OFT guidelines for debt collection.
    http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf (2.6b)

    You could write back to them re-iterating that all you can afford is £25 per month and that this is what you will pay and mentioning the OFT guidelines you think they have broken.
    Send this letter recorded delivery and keep a copy, thereby if needed you can prove it was sent.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Thanks for the replies.

    Tixy - over the phone only.
  • WRINKLES
    WRINKLES Posts: 817 Forumite
    500 Posts
    KingElvis wrote: »
    Yep, these parasites annoy me.

    Tell them that's all you can afford. If they get aggressive on the telephone, just sing to them. I would suggest Lady Ga Ga, Bad Romance :-)

    You can also tell them that Elvis said to go f**k a pig.
    I prefer Money makes the world go round.
    GRADUATED FIRST CLASS WITH HONORS FROM THE SCHOOL OF HARD KNOCKS RECOMENDED READ IF BY RUDYARD KIPLING
  • Tixy
    Tixy Posts: 31,455 Forumite
    Thanks for the replies.

    Tixy - over the phone only.

    Then put it in writing to them. They are much more likely to accept and to follow proper guidelines if everything is written down.

    Starting templates here http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6 (2nd one down probably closest to what you want to say but you'll have to amend a bit).
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • spursfan14
    spursfan14 Posts: 93 Forumite
    Firstly, try not to talk to these people over the phone unless you are recording the call. Communicate in writing, sent recorded deliver, keeping a record for your self. Then they can't try and pull a fast one on you!! Their address is-

    Po Box 5282
    Nottingham
    NG2 3YH

    Secondly, according to the OFT guidelines-

    • Capital One can not force you to repay more than you can comfortably afford each month.
    • If you make a reduced payment, Capital One can not refuse it.
    • Capital One can not add charges as a penalty for non payment, other than to cover the real costs of collections activity.
    All the best.
  • CFS have refused my offer of payment, as it is insufficient, they have asked for more than four times the amount I have offered. I have just received notification from the last of my creditors saying they accept my offer of repayment. Three have accepted, two have not (roughly 85% of the amount of debt have accepted the offer). Cougar Financial Services have continued to call me asking for me to pay what they will accept.

    I have been silly, and while waiting to hear from my other creditors to see if they will accept or not, I have ignored the calls from CFS as I am writing to them stating my offer again, but needed to know whether my other creditors have accepted my offer. My neighbour has knocked today with a letter from them addressed to her house (even though they called my house this morning). She said she has been getting phone calls from a financial services company looking for me even though she has told them I don't live there the calls have continued. The letter says they have traced my new address, I don't have a new address.

    How are they allowed to ring my neighbour (completely different first name surname to me). How can they say a trace has put me as living there, I have never lived there.

    My neighbour now knows I am having financial difficulties and I think they have done this to harass me. Is it okay for them to harass my neighbours? I have told them I don't want to speak to them on the phone, but they have ignored this, and now that I am not taking their calls they are calling my next door neighbour? This seems totally against data protection to me? Or are they allowed to do this?
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