Does anyone Have experience of Crapquest taking them to court

donone2020

I'm being hounded by Crapquest - they keep writing to me threatening action. Has anyone actually been subject to them instigating legal action?

lynzpower

they send out a lot of letters like this

Is this for a debt you know you owe?

Tootsie_Roll

donone2020 wrote:

I'm being hounded by Crapquest - they keep writing to me threatening action. Has anyone actually been subject to them instigating legal action?

Yes. I have been on the same contract from a lender as them previously and it insists that if they threaten litigation that they carry it through whenever appropriate.

Not saying it will happen to you but yes they can and do litigate.

Dr.Shoe_2

They're bound to tell you that they will take action but the question from the OP is "has anyone experienced this?"

In my experience they'd rather hand the debt back to the original lender than go through with their threats though this doesn't mean that they will do this with you.

Have you asked them for a copy the "deed of assignment" and of the original credit agreement?

Broken_hearted

They keep threatening us with court action, it gets boring very quickly. If they do then we are bankrupt full stop, so they lose out. At the moment they are getting £3 a month and owe around £1,000.
They are one of the most hopeless DCA's I have ever come accross, they don't comunicate internaly, they won't send paperwork out and they lost our SOA. It doesn't help that when they phone up I address them as crapquest.

rog2

Broken_hearted wrote:

They keep threatening us with court action, it gets boring very quickly. If they do then we are bankrupt full stop, so they lose out. At the moment they are getting £3 a month and owe around £1,000.
They are one of the most hopeless DCA's I have ever come accross, they don't comunicate internaly, they won't send paperwork out and they lost our SOA. It doesn't help that when they phone up I address them as crapquest.

You DO have the right to ask that ALL correspondence is conducted by post - even if they try to tell you that they are a 'telephone only based business'.
They sound like a completely useless bunch:mad:
However, if your debt is around £1,000 it is very unlikely that they will make you bankrupt.
If they do take legal action, through the County Court, you will have the chance to make an offer of payment that YOU can afford. It will be up to the Court as to whether your offer is acceptable - not these bunch of thugs - and the fact that you have been paying £3.00 a month will be viewed favourably by the court.
I would suggest that you refuse to deal with Capquest other than in writing. If they continue to 'harrass' you, by phone, once you have formally requested them not to, then this is a criminal offence.
If they insist, let them take you to court - the court has an obligation to make sure that your rights are upheld and I think you could be pleasantly surprised at how well the court will deal with you as opposed to the way that Crapquest appear to be treating you.
Good luck - don't let them grind you down.

Tootsie_Roll

Dr.Shoe wrote:

They're bound to tell you that they will take action but the question from the OP is "has anyone experienced this?"

Yes - I have, they are obligated to under contract for the lender.

Dr.Shoe wrote:

In my experience they'd rather hand the debt back to the original lender than go through with their threats though this doesn't mean that they will do this with you

OK that's your experience and good luck to you.

Dr.Shoe wrote:

Have you asked them for a copy the "deed of assignment" and of the original credit agreement?

This old chestnut again - there is no requirement for a 'deed of assignment' I don't know why people on here keep going on about it. Firstly there is no mention that they have purchased the debt, they could just be working on behalf of the lender and secondly even if they had purchased the debt the only legal requirement is for either them or the lender to write advising the debt has been sold.

Finally - It is an old trick to ask for a copy of the credit agreement and really to the lender or dca just indicates an unwillingness to co-operate and an attempt to try and avoid the debt. If the OP really does dispute the debt then I agree that it is absoluetly correct to challenge it however what possible motive other than trying to avoid paying can one have for asking for this ?

Dr.Shoe_2

Tootsie_Roll wrote:

Yes - I have, they are obligated to under contract for the lender.

OK that's your experience and good luck to you.

I haven't had any experience with crapquest but other DCAs I dealt with have handed the loan back when they found that I couldn't afford the repayments they wanted and that court action would be futile...

This old chestnut again - there is no requirement for a 'deed of assignment' I don't know why people on here keep going on about it. Firstly there is no mention that they have purchased the debt, they could just be working on behalf of the lender and secondly even if they had purchased the debt the only legal requirement is for either them or the lender to write advising the debt has been sold.

Indeed, that's why I put it into inverted commas, you do need to have some verification that the original lender is aware that they are collecting the debt.

Finally - It is an old trick to ask for a copy of the credit agreement and really to the lender or dca just indicates an unwillingness to co-operate and an attempt to try and avoid the debt. If the OP really does dispute the debt then I agree that it is absoluetly correct to challenge it however what possible motive other than trying to avoid paying can one have for asking for this ?

Again I agree. There is no way that you should avoid debts that you are liable for. However, I have experienced at least one DCA actually trying to arrange a payment plan with me Before actually purchasing the loan! :eek: Which is a bit like moving into a house before making a offer to buy it. This is why I always make sure that they have the right to ask me for money.

Tootsie_Roll

Dr.Shoe wrote:

However, I have experienced at least one DCA actually trying to arrange a payment plan with me Before actually purchasing the loan! :eek: Which is a bit like moving into a house before making a offer to buy it. This is why I always make sure that they have the right to ask me for money.

What makes you think they have to purchase the loan ? Often a lender will pass the debt to the dca to collect on their behalf first and then sell it to the dca some time later. It seems to be a common misconception that every time a dca contacts someone about a debt that they have bought it - definately not so.

Somerset

donone2020 wrote:

I'm being hounded by Crapquest - they keep writing to me threatening action. Has anyone actually been subject to them instigating legal action?

No. A friend had them dealing with an Egg credit card debt. He had nine months of letters threatening legal action. They called him three months in and said ' right, we're doing the paperwork for a CCJ NOW '. He was bricking it but was nothing he could do ( unemployed/broke ). After the nine months the debt was passed to DLC and he was able to pay it off in full as his circumstances had improved.

Maybe they do sometimes go the CCJ route, but friends experience illustrates they automatically threaten it constantly, but don't always follow through. I assume they do an assessment on whether it's woth it cost-wise.

Dr.Shoe_2

Tootsie_Roll wrote:

What makes you think they have to purchase the loan ? Often a lender will pass the debt to the dca to collect on their behalf first and then sell it to the dca some time later. It seems to be a common misconception that every time a dca contacts someone about a debt that they have bought it - definately not so.

What I meant was that the debt hadn't even been formally passed to them yet!