Cap Quest and Additions Debt.

lisae03

Hi,

I'll try to keep this short. My hubby has just had a letter from Capquest titled 'letter before action'. It goes back to an Additions catalouge hubby had. We were struggling to make the repayments this time last year, we would pay £50 off most months only for £35 interest to go on. It just wasn't going down so we stopped paying for a bit. In the beginning of last year we had a few threatening phone calls from the scousers at additions and stumped up a lump some of £300 and another of £150 bringing the account down to around £600, it has since shot up to £1107. We have sinced moved and I can't find any old statements or receipts so I would like statements of payments we have made against the account, do I get that from Additions or will CapQuest supply these?

They are threatening baliffs, is this still legal? Apparently they will trake an inventry and levy good, not that I would let them in. The house and all bills are in my name, does this help? They also mention court action, would that be better because it will stop interest?

I am really worried and am annoyed that we have let it get this far, to be fair to myself I have been nagging him but because its in his name they won't discuss the matter with me because of data protection.

Some step by step advice would really help me out as I know we will struggle to repay the debt.

Thanks

Lisa

king100

lisae03 wrote: »

Hi,

I'll try to keep this short. My hubby has just had a letter from Capquest titled 'letter before action'. It goes back to an Additions catalouge hubby had. We were struggling to make the repayments this time last year, we would pay £50 off most months only for £35 interest to go on. It just wasn't going down so we stopped paying for a bit. In the beginning of last year we had a few threatening phone calls from the scousers at additions and stumped up a lump some of £300 and another of £150 bringing the account down to around £600, it has since shot up to £1107. We have sinced moved and I can't find any old statements or receipts so I would like statements of payments we have made against the account, do I get that from Additions or will CapQuest supply these?

They are threatening baliffs, is this still legal? Apparently they will trake an inventry and levy good, not that I would let them in. The house and all bills are in my name, does this help? They also mention court action, would that be better because it will stop interest?

I am really worried and am annoyed that we have let it get this far, to be fair to myself I have been nagging him but because its in his name they won't discuss the matter with me because of data protection.

Some step by step advice would really help me out as I know we will struggle to repay the debt.

Thanks

Lisa

how long have you had the account for?

MortgageChallenge2011

Firstly Capquest are the most annoying, shambolic debt collection agency I have come across. They make empty threats.... time to turn the tables on them and buy a bit of breathing space.

Firstly write to them (Capquest) asking for a copy of your signed credit agreement and enclose the statutory £1 fee. Get a postal order for £1 and send this with the request. Its important to do a postal order as if you use a cheque they can lift your bank details and your signature. Dont sign the letter, just scribble. They have 12+2 days to send you a copy of the signed agreement with Additions. Until they do then the account must remain on hold and they cant contact you by phone. Secondly and most importantly never ever phone a debt collection company as they will spin the truth, tell lies etc etc so always communictae in writing to keep a paper trail.

Ask them in the same letter to provide statements to prove the balance.

Now one of 2 things, if they fail to come up with a signed credit agreement then thats the debt good and buried as they cant enforce collection.

If they have then dont worry... they are other ways round them.

I know there are morals on here about paying a debt back but Capquest are the lowest of the low so you have to treat them with the same respect.

If you want a template for a letter to send for a copy agreement just search for CCA 1974 template request and something will come up.

Good luck, let me know if you need anymore help as been dealing with Crapquest as we know them for some time over a £7k credit card debt.

lisae03

I think we have had the account dating back 5 or 6 years. It is only the last couple of years we have began to struggle with the debt because the intrest is so high.

Thank you so much for taking the time to reply MortgageChallenge2011, you certainly seem to know what your talking about. I will pick up a potal order tomorrow. At times like this I wish I had a printer. I suppose I'll just have to take a trip to the library because everything always comes across so much better when its printed. If I draught a copy of what I want to send over the weekend would you be so kind as to tell me what you think?

king100

The date was important as this loophole has been closed after 2008

Dear Sir/Madam

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out within Section 78(1). If there weren’t any terms and conditions then please confirm this in your response

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents requested are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditor’s rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the signature box and signature, to be omitted in a copy document, but that the copy document must be a ‘true copy’. This means identical in both form and content (including all prescribed terms as required), to the signed, executed, original agreement, as presented or sent to the debtor for signature.

I respectfully request that you provide a copy of the original agreement signed by me that you hold on file, and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement.

If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file, or a copy of it on microfiche, or that you no longer hold the file

I look forward to receiving this information within the time frames as indicated above

Yours faithfully

king100

Do not sign the letter print name
do not sign the letter print name
do not sign the letter print name
do not sign the letter print name
do not sign the letter print name
do not sign the letter print name
do not sign the letter print name
do not sign the letter print name
do not sign the letter print name

barbiedoll

I think that you may find that because it is a catalogue debt, they do not have to provide a CCA, the fact that you ordered and accepted goods is counted as a "contract". However, someone else may know more about this than me.

With regards to Crapquest and their "bailiffs". They cannot send bailiffs round for a catalogue debt (or indeed, any debt) UNLESS they have been to court AND you have had a County Court Judgement (CCJ) issued against you AND you have failed to pay the instalments for the CCJ as ordered by the judge. They may try to send round their "doorstep collectors" who have absolutely no rights to enter your property, nor can they take anything of yours or your husbands. If they threaten to send round their goons, let us know, we have a template letter that you can send them, denying them the right to call on you.

To be honest, you are better off writing to Capquest and demanding statements of the debt and any payments that you have made. A copy of the Terms and Conditions would be good too, they are obviously adding a load of charges onto the debt, which may not be allowed. Don't use registered post, you can send a letter by recorded delivery for around £1.00, make sure that you don't sign it and do keep a copy too. Make them an offer to pay which you can afford, if that is only £5.00 per month, then they will have to settle for that. Don't give them any bank card or account details, offer to pay by standing order or postal order only, that way, you are in charge. Make sure that you pay regularly, if it does get taken to court (unlikely, but you never know), the judge will be able to see that you have made an effort to pay.

Is there any chance that you could scrape together a couple of hundred pounds to clear this debt? Capquest may accept a Full and Final offer, as they probably paid pennies in the pound for it anyway. Something to think about for the future? (Again, let us know, we can help you with the wording of the offer, it's very important to get this right)

Good luck and don't panic, you're not going to lose your valuables just yet!

lisae03

Thank you King100 I have acted upon your advice and may have been a bit hasty and have already been to the library to print a letter and post office to send the letter that you templated for me accompanied by a £1 postal order as suggested. The letter I received from Cap Quest stated that action may be taken on 15th March so I didn't want to hang around.

Hi Barbiedoll thanks for your help. Not sure if I should of hung around for a bit longer but whats done is done so just a matter of waiting. Should I just sit tight now and wait for their response? I have yet to make an offer for a repayment plan and want to add that we are not in a position to make them an offer having just forked out nearly £300 for a cooker.

king100

http://forum.moneysavingexpert.com/showthread.php?t=1099141

Catalogue debts covered by CCA 1974

thechippy

The letter before action will almost certainly be a bluff.

I suggest sending a SAR. This will have to include all info they have on you, including a breakdown of the account.

These idiots CANNOT add interest / fees / charges unless the original agreement has the provision to do so, which they rarely do.

Therefore, when you get the breakdown of account - ignore thier charges and interest. You may even find that you have already cleared the debt if you take into account thier fictitious charges and interest.

Therefore, the breakdown of account is essential...;)

FTW

barbiedoll wrote: »

I think that you may find that because it is a catalogue debt, they do not have to provide a CCA, the fact that you ordered and accepted goods is counted as a "contract". However, someone else may know more about this than me.

With regards to Crapquest and their "bailiffs". They cannot send bailiffs round for a catalogue debt (or indeed, any debt) UNLESS they have been to court AND you have had a County Court Judgement (CCJ) issued against you AND you have failed to pay the instalments for the CCJ as ordered by the judge. They may try to send round their "doorstep collectors" who have absolutely no rights to enter your property, nor can they take anything of yours or your husbands. If they threaten to send round their goons, let us know, we have a template letter that you can send them, denying them the right to call on you.

To be honest, you are better off writing to Capquest and demanding statements of the debt and any payments that you have made. A copy of the Terms and Conditions would be good too, they are obviously adding a load of charges onto the debt, which may not be allowed. Don't use registered post, you can send a letter by recorded delivery for around £1.00, make sure that you don't sign it and do keep a copy too. Make them an offer to pay which you can afford, if that is only £5.00 per month, then they will have to settle for that. Don't give them any bank card or account details, offer to pay by standing order or postal order only, that way, you are in charge. Make sure that you pay regularly, if it does get taken to court (unlikely, but you never know), the judge will be able to see that you have made an effort to pay.

Is there any chance that you could scrape together a couple of hundred pounds to clear this debt? Capquest may accept a Full and Final offer, as they probably paid pennies in the pound for it anyway. Something to think about for the future? (Again, let us know, we can help you with the wording of the offer, it's very important to get this right)

Good luck and don't panic, you're not going to lose your valuables just yet!

Most of what you've said is correct, apart from a couple of things.

Firstly, I'd decide against the F&F - companies have been known to accept F&Fs, only to sell the remaining balance to some other jockeys later on.

And catalogue debts are CCA covered.

But, the chief point is - cease any and all payments until Crapquest substantiate what they're collecting on.