Really worried....

SG_28

I have just come home to a letter from CAPQUEST - a letter of claim under the practice direction - pre action conduct.

They are saying that I have not paid a debt of £560.92 to barclays partner fianance.

I am in an IVA and have been for more than 2 years. They are threatening county court action in 14 days. I am really scared.


They are saying that my account is being passed through to their pre action validations and checks and this includes data relating to my residential and employment status! What on earth does that mean?!

I am so upset and my heart is racing. Can anyone help me please?

fermi

If you are in an IVA they are barred from making a court claim.

The existence of your IVA would be enough grounds to get any court claim dismissed or indefinitely stayed etc.

Talk to your IP and get them to contact these fools. May also be a good idea to send them proof of the IVA along with "notice" of your own that any claim will be defended if they are stupid enough to try.

SG_28

I am just in total shock. They had been pestering me at work but since I called my IP to tell them that I had been harassed by them it all stopped for a while. I told my IP about CAPQUEST about a month ago and they said they would deal with it...

Do you think I should call CapQuest? I am just worried that if I call them it will stress me out and they will start to pester me by phone but if I don't call them and leave it until my IP decides to deal with it then it will get worse. I dont want post like this coming to my house

aimzee84

I had contact about 6 years ago from CapQuest relating to an alleged debt with Capital One. I called them to ask where this debt had come from, as I had closed my CapOne account a couple of years before.. They were rude and aggressive.. Turns out I'd had a balance of £1.83 due to interest, which CapOne hadn't told me about..with CapQuest interest they were demanding £673!!! I refused to pay until I'd received proof of the debt.. I never heard from them again!!
It would be worth contacting them, telling them about your IVA situation, and if that doesn't get them away, ask for a full statement detailing the debt, including all dates and transactions.. Then see if you hear from them again-I bet you won't!!

meggsy

Don't worry OP there are plenty of threads and warnings about them, here is just one ...

https://forums.moneysavingexpert.com/discussion/345820

SG_28

Thanks everyone. One last thing I find very odd... The first I hear of them a few weeks back was when I received a letter from Natwest telling me they had sold my debt onto CapQuest... But the letter I have received today is referring to a debt with Barclays...

I think I will call them tomorrow and ask for more details from them. They have managed to track me down at my new address - I have only lived her for a few months!

SG_28

Thanks every - I called my IP and they are dealing with CapQuest on my behalf. I am gonig to give them a call today (Capquest) to make sure they have rec all paperwork from my IP so that they can stop harrassing me. The debt was def included on my IVA in 2009.

What I can't understand is how did they not know I was in an IVA? Would Barclays have just sold the debt on to them without informing them that I am in an IVA? And how do I know that my IP has been paying into this debt?

FoggyBrain_2

DCA's buy "lots" of toxic debt for pennies in the pound, without knowing what's included. They often don't know an IVA is in place until told by the debtor! Your IP will sort it out, don't worry.