Littlewoods Debt - passed on/sold to Capquest...

jimhow

Hi, I had an outstanding debt with Littlewoods/Shop Direct Financial Services that I was struggling to pay and trying to get reduced, as it had on it nearly £500 of payment protection that I didn't know (and don't think I had) taken out, along with various late payment fees etc. I contacted them numerous times, trying to get this resolved and they wouldn't co-operate, saying I had agreed to payment protection via phone in 2007 (presumably when I opened the account). They proceeded to pass the debt of £1800+ on to Capquest. They've phoned me at my parents' house where I've recently had to move back to due to being unemployed, but I haven't spoken to them via phone as I want to have some record of what's going on written down.

They've finally sent me a letter, saying they can obtain updates from the credit reference bureaux and use "other factors" to assess my financial position etc. etc. and to determine their recovery strategy (which may involve legal action) if "no satisfactory response is received". It all sounds a bit vague and I don't really know what to do next. I'm al bit worried it's going to screw up my credit rating. I've always been really good at paying stuff up until this, and I feel like I'm being demonized by Littlewoods and Capquest.

and any help would be great.

Thanks

Gordon_Hose

If it has been passed on to Capquest the chances are it has already messed up your credit rating.

jimhow

Gordon_Hose wrote: »

If it has been passed on to Capquest the chances are it has already messed up your credit rating.

Yeah, I half expected it would have. I'm just not sure what to do next.

Gordon_Hose

When was the last time you paid anything towards this debt, or acknowledged it in writing?

jimhow

Gordon_Hose wrote: »

When was the last time you paid anything towards this debt, or acknowledged it in writing?

The last time I paid anything towards it was when it was still with Littlewoods. I think it was around August last year. I haven't dealt with Capquest at all yet, writing or otherwise. The letter I just got was the first one after they failed to reach me by phone.

Gordon_Hose

Ok, well ignore them for now. Wait for them to come back and show their hand.

After that you should be getting them to prove the debt, maybe a CCA request.

jimhow

Hi, Well they finally got back to me with another letter (actually two) - the one previous was the usual threat about court action etc. if I dpon't pay. This is the latest one:

As you will be aware we have communicated with you over a period of time to resolve this without the need for legal action. Costs incurred as a result of any litgation will be added to your balance, if we succeed in obtaining Judgement against you.

My name is xxxxxxxxxx and I have been appointed as your case handler.

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 you may have.

Your case may be processed and passed to our solicitors on or around xxxxx 2012, a process that you can stop by telephoning xxxxxxxxxx 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 (same date as above), I can offer you a settlement figure on your outstanding balance. That means you only have to pay £(reduced by a quarter) to clear your account with us, and if required, you can pay this over 3 months.

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

I trust 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.

Can anyone help me/advise me how to proceed with this? I get the feeling I need to tread really carefully with these people so I don't land myself in it. I'm a bit lost as to what rights I have, and what they can legally do.

There is no way in hell I can afford afford to pay what they're asking for even stretched over three months. I also really don't want to speak to anyone over the phone and get conned into agreeing to something or slip up somehow. After doing a little reading on these people, doing anything over the phone sounds like a bad idea.

happy_bunny_2

When did you take out the account? This depends on what credit agreement they may have and whether or not they would succeed in court action. Did you sign a credit agreement? Most catalogues pre 2007 are unenforceable in court.

Only deal with these people in writing. Send signed for if you want to be sure hey get it and you may need evidence of it in future.

Offer them what you can afford in writing if our debt. If they take you to court a judge will not make you pay more than you can afford.

jimhow

Hi, I don't know the exact date of when I opened the account, but I'm pretty sure I signed a credit agreement.

Gordon_Hose

A lot of "mays" and "ifs" in that letter. And to top it off an offer of a reduced settlement.

£1 postal order and a CCA request time I think! Force them to show you what they've got that makes this enforceable.

jimhow

Gordon_Hose wrote: »

A lot of "mays" and "ifs" in that letter. And to top it off an offer of a reduced settlement.

£1 postal order and a CCA request time I think! Force them to show you what they've got that makes this enforceable.

Thanks for the reply. How do I do the CCA request?

James.