CapQuest problem...

Maharishi

Good day all, here's the situation;

I have been on a DMP with the help of the CCCS since 2007. I have 3 creditors one of whom is the above mentioned CapQuest.

I have made my monthly payments throughout the DMP period and by and large have been left alone. Last December I missed a payment. My money was sent as per usual but it got to the CCCS too late for them to send it out to the creditors. I had to get in touch with them to explain this and to advise that a double payment would be forthcoming in January (now), which has indeed been done. I even sent copies of email records to prove I wasn't spinning a line.

I received a strange letter back from CQ and so had to start calling them to sort it out. During my phone conversations, it transpired that they had started adding interest back onto the debt from last July (2010), for no apparent reason. They said it was because I had broken the agreement, which was, of course, untrue and the CCCS payment records bear this out. The guy promised to remove the erroneously charged interest and get back to me with a new total. He didn't, and I have had to chase them up again twice since. It appears that he didn't amend the total either despite his (empty) assurances to the contrary. I was told that I had to write to them and ask (appeal) to have the interest removed. I have done this and am awaiting a reply.

This is not the first time that they have done this to me. It came to light once before in 2009 when they sent out a statement for the previous year. There was about £700 added on. Luckily one phone call got that sorted.

The total owed is £3987 but they say £4236

The current payment is £21/mth but when they add interest it is £25/mth and so the debt grows.

What I don't get is how these people can just charge interest when there is no agreement in place between you. They just bought the debt from SkyCard for a vastly reduced fee and so if and when they get paid up, they have probably made 300% at least on their money?

That aside, does anyone know how I should deal with these people to avoid this persistently recurring?

Thanks and sorry for the ramble,

M

fermi

They can charge interest/fees as per the original Sky agreement. Are they charging more than that?

FTW

fermi wrote: »

They can charge interest/fees as per the original Sky agreement. Are they charging more than that?

Skycards do come under the CCA. Might be worthing asking Capquest to supply that - as far as I know, Skycard only have application forms.

bottleofred

Hi Maharishi,

Unfortunately they can add interest on. Crapquest as many people refer to them are one of the worst companies to deal with in my experience, topped only by the hateful lying barstewards muck hall! Good luck in getting sorted though

Red

Maharishi

bottleofred wrote: »

Hi Maharishi,

Unfortunately they can add interest on. Crapquest as many people refer to them are one of the worst companies to deal with in my experience, topped only by the hateful lying barstewards muck hall! Good luck in getting sorted though

Red

I don't think I have been quite clear in my first post. What I am saying is that it was my understanding that the CCCS had managed to get my creditors to suspend interest whilst the DMP was running. Seems that CQ just 'decided' to start applying it again from a random date and then 'pretended' that there was a reason for them to do it.

I don't intend to pay them any more than is due but the real problem is going to be the term of the DMP. I am 54 now and it has another 11 years (at least) to run at the current rate of repayment. My profession is shrinking daily and there is every chance that my disposable income will continue to dwindle making it very very difficult to complete.

So there is a dilemma. Do I soldier on and play nice with them? Do I just stop paying them and say, 'Take me to court'? I am not worried about getting a CCJ at my age as I will never be applying for any type of credit again in this lifetime, so what have I got to lose?

Sorry but they are really !!!!ing me off.

M

FTW

Maharishi wrote: »

I don't think I have been quite clear in my first post. What I am saying is that it was my understanding that the CCCS had managed to get my creditors to suspend interest whilst the DMP was running. Seems that CQ just 'decided' to start applying it again from a random date and then 'pretended' that there was a reason for them to do it.

I don't intend to pay them any more than is due but the real problem is going to be the term of the DMP. I am 54 now and it has another 11 years (at least) to run at the current rate of repayment. My profession is shrinking daily and there is every chance that my disposable income will continue to dwindle making it very very difficult to complete.

So there is a dilemma. Do I soldier on and play nice with them? Do I just stop paying them and say, 'Take me to court'? I am not worried about getting a CCJ at my age as I will never be applying for any type of credit again in this lifetime, so what have I got to lose?

Sorry but they are really !!!!ing me off.

M

If you feel as though you have nothing to lose, then stop paying.

But to be honest, you can do that with the CCA route - and that'll p!!! CQ off.

That way, you're putting the onus on them to deliver proof of debt.

It doesn't matter if payments have been made towards it already - you can submit a CCA request at any time.

If they receive that request, they have 12+2 days to honour it, otherwise the account enters 'dispute' status - meaning that you can quite legally with-hold any payment to them.

If CQ fail to deliver on it (which is likely), they'll drop it like a hot potato. Even if you do get it, it may well turn out to be unenforceable.

bottleofred

Maharishi wrote: »

I don't think I have been quite clear in my first post. What I am saying is that it was my understanding that the CCCS had managed to get my creditors to suspend interest whilst the DMP was running. Seems that CQ just 'decided' to start applying it again from a random date and then 'pretended' that there was a reason for them to do it.

I don't intend to pay them any more than is due but the real problem is going to be the term of the DMP. I am 54 now and it has another 11 years (at least) to run at the current rate of repayment. My profession is shrinking daily and there is every chance that my disposable income will continue to dwindle making it very very difficult to complete.

So there is a dilemma. Do I soldier on and play nice with them? Do I just stop paying them and say, 'Take me to court'? I am not worried about getting a CCJ at my age as I will never be applying for any type of credit again in this lifetime, so what have I got to lose?

Sorry but they are really !!!!ing me off.

M

Whether or not you pay them is entirely up to you, although I do understand your frustration. If you did stop paying though they will probably harass you forever, but the decision really is yours.

Good luck in whatever you decide

Maharishi

FTW wrote: »

If you feel as though you have nothing to lose, then stop paying.

But to be honest, you can do that with the CCA route - and that'll p!!! CQ off.

That way, you're putting the onus on them to deliver proof of debt.

It doesn't matter if payments have been made towards it already - you can submit a CCA request at any time.

If they receive that request, they have 12+2 days to honour it, otherwise the account enters 'dispute' status - meaning that you can quite legally with-hold any payment to them.

If CQ fail to deliver on it (which is likely), they'll drop it like a hot potato. Even if you do get it, it may well turn out to be unenforceable.

That's very interesting FTW. What's a CCA? Is it a sort of agreement?? Sorry to be thick. So if you ask for a copy and they cannot find one, you are pretty much off the hook? I have all my original paperwork from the start of the card so I'll check to see if I ever had one. That might be a good starting point.

If you could explain further I'd be very much obliged.

M

Maharishi

FTW wrote: »

If you feel as though you have nothing to lose, then stop paying.

But to be honest, you can do that with the CCA route - and that'll p!!! CQ off.

That way, you're putting the onus on them to deliver proof of debt.

It doesn't matter if payments have been made towards it already - you can submit a CCA request at any time.

If they receive that request, they have 12+2 days to honour it, otherwise the account enters 'dispute' status - meaning that you can quite legally with-hold any payment to them.

If CQ fail to deliver on it (which is likely), they'll drop it like a hot potato. Even if you do get it, it may well turn out to be unenforceable.

How does it stand, though, when I have written disputing the balance? As I have said what I think it should stand at, isn't that construed as admitting the money is owed? Or is the CCA route still an option?

Thank you,

M

FTW

Maharishi wrote: »

That's very interesting FTW. What's a CCA? Is it a sort of agreement?? Sorry to be thick. So if you ask for a copy and they cannot find one, you are pretty much off the hook? I have all my original paperwork from the start of the card so I'll check to see if I ever had one. That might be a good starting point.

If you could explain further I'd be very much obliged.

M

What's meant by a CCA (Consumer Credit Act 1974) request, is to have the pursuing company substantiate their legal right to collect on a debt that's covered by that act (and your debt being a Skycard, it will be covered under that).

This they must do by supplying a copy of the original agreement.

What you'd need to do to fulfil such a request is to enclose a £1 postal order with the letter (NEVER use cheques!).

That's for statutory payment to them for the purpose of them completing the request - it's worth specifying in the letter that the enclosed payment is to be used ONLY for that purpose.

The correspondence should be sent recorded at least (so you're able to see if they got the letter - they WILL deny getting that letter if you don't), and you should NEVER provide them with any signatures at any point.

You'll find excellent template letters on this site and on Consumer Action Group as well that you can use.

In answer to your next question, you're not denying that the debt exists - you're asking them to prove their legal right to collect on it.

If they can't do this, or supply a legally enforceable document, a court would regard any attempts by them to enforce as a complete waste of their time.

thechippy

It's also worth cca'ing, as the agreement will show if cq have the right to charge interest. They can only charge interest if the original agreement has that provision if the debt is sold on and most of the time they don't.