CapQuest Story please help I need advice

davidslad666

I have been paying a debt to cap quest for quite a few years now and at a level slightly above what I could afford but we managed then some thing happened in December 2010

We missed a payment

This has sent the capquest machine into overdrive I have taken several steps following some advice read on these forums but I am now at a point I need more advice which I cannot seem to find an exact answer to

They have sent me 2 letters( both from different people) before I replied in writing

Below is a copy of my letter to capquest which go some way to explain what has happened so far this letter was sent on 14th jan 2011 (not mentioned in the letter below is the date of the second letter from capquest which was 5th Jan 2011)

Dear Mr…………………..

I have received your second correspondence with regards to the lapse in the payments I was not aware at the time of this and wasn’t made aware till you letter came, arriving on Wednesday 29th Dec I rang your office on three occasions not speaking to anyone and one of these occasions I even got the recorded message saying the office was closed.
You wrote to me on the 22nd of December during the busiest postal month of the year and give me a window of 6 days to send via the same said system, the payment that you must admit is a non starter especially when during this time there was Christmas Day, (the post office don’t deliver) Boxing Day (guess what? They don’t deliver this day either) followed by Bank Holiday Monday & Bank Holiday Tuesday (not sure if they worked these days but No Mail Arrived at all till Wednesday 29th.)
After missing my Dec 28th deadline and not having the phone answered I thought to myself that I should wait and see if the payment goes out on the 18th as per the agreement in April 2007. Then your second letter arrived.
Your second letter states that you would like me to enter into a new agreement which consists of the same monthly payment of £8.00 and you are offering me the incentive to join this agreement by suggesting you will pay a 30% bonus on top of my £8.00 and you are offering me a month off payments too. What you have failed to do though is send me any details with regards to the increase in the overall amount owed by £452.47 that’s an increase of 52.6% having spoken initially to my local office of West Yorkshire Trading Standards Service they have given me some numbers and addresses for agencies and insist that this matter should be reported as the gentleman suggested that your increase could be bordering on a criminal act. Therefore I will be sending copies of this letter and copies of your letters to the suggested offices. I do not wish to start this new agreement and would like to go on paying the initial amount of £858.95 having already being billed £12.00 for the failure to pay.
I await your reply in the meantime as you seem to have disregarded the last agreement of direct debit I have cancelled it from my end and also await a new direct debit mandate should you wish to send one for £8.00 per month. It was suggested by the trading standards gentleman that should you wish to pursue your increased amount it may be best to do this via the courts as he felt the judgment would defiantly fall in my favour with regards to increase although as stated, I await your reply.
I have enclosed a postal order for the sum of £28 this is the payment missed in December £8 your £12.00 charge stated on your first letter and my January payment of £8.00 till I know what action you wish to take.
I hope to hear from you in due course.
When I went to the bank to cancel the said direct debit (straight from posting the above letter) I was told by the bank that the direct debit had been cancelled by capquest on Dec 24th.

I received another letter(from yet another person) dated 20th Jan ignoring my request to restart the direct debit at the same amount stating the following.

Dear Mr……………….

Debt Purchased form Halifax Plc
Account Number………………….
Balance £1283.42

As you will be aware we have communicated with you over a period of time to resolve this with out the need for legal action. Costs incurred as a result of any litigation will be added to your balance if we succeed in obtaining judgment against you.

My name is FULL NAME SUPPLIED and I have been appointed as your case handling supervisor.

Together with my team, it is my responsibility to progress your account through the litigation process but also to assist and inform you on any query or question you may have.

Your case may be processed and passed to our solicitors on or around the 02 Feb 11
a process that you can stop by telephoning 0870 0843536 to discuss your account and reaching an amicable solution.

I will not be demanding payment in full. I will be open to suggestions from you on how this account can be settled.

If you contact us before 02 Feb 11, I can offer you a settlement figure on your outstanding debt. That means you only have to pay £1017.25 to clear this account with us and if required, you can pay this over a six month(s) period.

You still have the opportunity to stop legal action and the possibility of settling your account over a period of time and by a method that is suitable to you.

I trust that you will take this opportunity to contact us and save yourself the possible expense of litigation and the problems that any litigation in which we were successful would possibly cause to your credit file

We look forward to hearing from you

Yours sincerely

FULL NAME SUPPLIED
Litigation department
Capquest Debt Recovery Limited


The day after this letter arrived I received another letter dated 21st Jan 2011 this was an income and expenditure form which they tell me I must fill out and send proof of all income and out goings in full they even want me to give them full details of any benefits I receive along with written proof from all agencies?

I then set about reading through this forum and other looking for advice and came across some which stated that even though payments have been made at anytime I have the right to request the signed credit agreement from the debt collection agency so on the 31st January I sent them the following letter.

Dear Sir/Madam
Re:− Account/Reference Number :…………… & Ignored correspondence

Due to your practices and obvious diversionary tactics I feel I have to write to you with the following

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.
We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully


Yesterday I received a letter (every letter is from a different person) dated 1st Feb stating the following


Our Ref:……………………………….

01 Feb 11.

My address

Dear Mr………

Account Number……………………..
Balance £1291.41
Debt Purchased From Halifax plc

Thank you for your recent correspondence

We can confirm we have requested a copy of agreement and this will be forwarded to you when received.

Please find attached notice of assignment and statement of account

Yours sincerely

FULL NAME SUPPLIED
Collections Administration Department

This is the only letter I have received that is a direct response to a letter I have sent.

The notice of assignment is from the Halifax but it seems false not sure why there seems to be little in the way of corporate feel about it there is a small Halifax logo in the top right and the address banner is at the bottom. They have also sent me a payment statement which states that the account is new 7 days before the assignment letter is dated.
Can I ask?
Are they supposed to have the signed credit agreement in their possession when they pursue the claim?

Does anyone have a suggestion of where to go or what to do next?

thechippy

Usual capquest nonsense from the infants dept.......:D

As it stands, just wait and see what they send (if anything)

The extra charges will almost certainly be illegally added. A dca can only add interest and charges if the original agreement has the provision to do so if the debt is sold on and they usually don't..;)

...Another reason you need to see the agreement. When the 12+2 days have expired, cease payments.

See what they send and get back to us.
It may be worth scanning what they send, remove any personal details, account numbers etc and post it up.

handyman123_2

Hi davidslad666. I agree with the Chippy, wait and see what they come up with. If you use a Image hosting service like photobucket you can upload a scan of the letter, edit it, like remove your personal details, then post the link here for us to view.

In my case Crapquest sent a letter of assignment on the letter headed paper of a well known bank. It was wrongly dated, as the week before I had received a similar one same date different address, strangely enough they were both signed (scan signature) by the same person who signed the CrapQuest letters? Figure that one out.:rotfl:

I suspect that they can add the logo of any company they claim to represent at will.

Keep us posted.
Regards, Handy.

thechippy

The usual fake noa's.

You really couldn't make it up could ya...:D:D:rotfl:

bottleofred

Hi David,

Totally agree with above advice. Crapquest are lying barstewards who copy signatures and forge information for debtors to get them to pay.

adi2000

Hi
I'm in a similar situation where capquest have given me a noa for sainsburys which looks so fake, but I am in court proceeding. How should I convey this to the judge ?

handyman123_2

adi2000 wrote: »

Hi
I'm in a similar situation where capquest have given me a noa for sainsburys which looks so fake, but I am in court proceeding. How should I convey this to the judge ?

Hi, can you give us some details about the debt, when it was taken out? I assume it was for a card. Last payment and any agreements made with CrapQuest. You say it's going to court, have you got a CCA from them?

You have been a member of MSE for a good while, how come only 1 post to date?

Not being nosey and not an expert either but it's easier to help if we have some information to work on.

Regards, Handy.