CapQuest problem...

FTW

Maharishi wrote: »

Thanks FTW. Does this happen much, where one DCA passes the debt onto another?

Frequently. Some companies - MacKenzie Hall being one - are often 'The Last Output' where all others have failed. And here we see to it that they also fail.

Maharishi wrote: »

And, if so, does each subsequent DCA further down the pecking order operate more aggressively in their efforts to collect?

Depends on the DCA. Some are extremely easy to see off.

Maharishi

thechippy wrote: »

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.

Little update. After copious searching, I cannot find an original document between Sky Card and myself. It appears that the T & C were printed on the back of the 'Welcome, Here Is Your New Card' letter. There is no mention about selling the debt on if the account is defaulted, only about charges.

I have also looked at the letters I received informing me that the debt had been sold on to CapQuest, and there is no direct mention of interest in those either.

I have scanned and hosted the letters, and would be grateful if someone would cast an eye over them and comment. I have removed all sensitive data!

http://i160.photobucket.com/albums/t187/axxeman_01/SkyCardTC.jpg

http://i160.photobucket.com/albums/t187/axxeman_01/SkyCardSellsDebt.jpg

http://i160.photobucket.com/albums/t187/axxeman_01/CQBuysDebt.jpg

http://i160.photobucket.com/albums/t187/axxeman_01/CQAcceptsProposals.jpg

I'm going to do the CCA request this week unless someone comes up with a reason why not...

Thanks as always.

M

thechippy

The skycard agreement should also have a signature page.
The noa's look ok.

You need to send the CCA request.
See what you get and post it up.

Maharishi

thechippy wrote: »

The skycard agreement should also have a signature page.
The noa's look ok.

You need to send the CCA request.
See what you get and post it up.

I'll get that off by Monday chip.

What I have posted is all I have on that agreement - and I am pretty anal about paperwork - it's all carefully filed away and hasn't been out since day 1, so not too sure about there being missing parts... but you're correct: let's see what they come up with.

I stop paying them in the meantime, right? (Tell the CCCS that the debt is in dispute, and to not pay them until further notice)??

Thanks all.

M

thechippy

See what they send first, before placing the account in dispute and ceasing payments..;)

Maharishi

Update...

Haven't sent the CCA request as yet due to a variety of reasons but finally got around to doing it this week, however here's what transpired;

Emailed and phoned the CCCS to ask them to take CQ off of my DMP plan as I was intending to put the account into dispute. The (very nice) lady said, 'Sorry but we cannot do that'. 'It has to be all your creditors or none', in which case I'd be on my own again. This probably has its downsides, especially doing your own financial statement of affairs which they wouldn't accept before I joined the CCCS DMP plan.

She advised speaking to the Financial Ombudsman and getting them involved. As it was a freephone number, I thought; why not? Told the lady (again, very nice) there the story whereupon she took a few pertinent details and said that she will be writing to CQ today and that they will have 6 weeks to sort this interest business out.

To be frank I was pretty surprised at getting such immediate assistance and I'll be curious to see what transpires from it.

Can anyone offer some advice on the CCCS business though? Is it prudent to cut ties with them and go it alone when pursuing a CCA request? I can see their standpoint that they have to treat all creditors equal (even the !!!!!!!s), but she stressed that there was no way that I could stop paying and still be shepherded by them. Also, she was quite concerned that they would 'take further action' if I stopped paying. I said at nearly 55 my credit rating was not going to be a long term problem...

Thanks in advance - as always,

M

thechippy

I'd see what happens after the six weeks.

The only other thing you can do is go on a self managed dmp (there are those on here who can help you with that) and not include cq until you are satisfied that the interest / cca issues are sorted to your satisfaction. Cq will almost certainly have added illegal charges and interest, which should be offset and therefore reduce the balance owed...;)

Maharishi

thechippy wrote: »

I'd see what happens after the six weeks.

The only other thing you can do is go on a self managed dmp (there are those on here who can help you with that) and not include cq until you are satisfied that the interest / cca issues are sorted to your satisfaction. Cq will almost certainly have added illegal charges and interest, which should be offset and therefore reduce the balance owed...;)

Yes Chip, they indeed have, which is why all this started in the first place. If they had left me alone, then I would have carried on for as long as possible making the dribbly but regular instalments. Steady income for them with no need for any tactics...unfortunately, they have now p*ssed me off good and proper.

M

Maharishi

Thought I'd better update this original thread in case anyone had subscribed to it...

Further update.

Had an unexpected call today from CQ's Compliance Department. Seems they have indeed received communication on my behalf from the Financial Ombudsman and were concerned enough to get this lady - the Team Leader, apparently - to investigate my case.

Have to say that she was very nice and was almost bending over backwards to help me, so I assume that the FOS do indeed put the Fear of God into these DCA's.

The result (short version) was that CQ have removed the interest, and placed something on the account which prevents it being called a default if the CCCS payments are late ever again, etc.

This is to be confirmed in writing later this week.

So how do I feel about all this?

a) Annoyed that I had to go to the FOS to get to deal with someone who didn't just recite passages from the manual.
b) Happy that the interest has been removed
c) Pleased that 'assurances' have been given re any possible repetition
d) Pleased that I can now continue with my DMP via the CCCS

BUT, the Hornets' nest that has been stirred up by all this makes the CCA route very tempting. On the one hand, I had the money all those years ago and spent it. On the other, Sky saw fit to sell 'me' on at a vastly reduced price and having paid £928 off of a starting £4895, CQ are probably already in pocket on this. It's a moral dilemma that sits very uneasily with me. The ideal solution for me would be to get hold of enough cash to pay it off at a massive discount. That was it would be a win - win for all of us I guess.

Comments and advice welcome as usual please...

M

thechippy

Did you ever get anything back from the cca?

I'd SAR them as well. You may find that a surprising amount of the balance is made up from illegal charges - once they are taken into account, you may find you owe them nothing at all...