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StepChange_James

MRDOLLAR wrote: »

Hi Guys,
Im back yet again and Capquest still are continuing persisting to call.
I am not talking to them i only communicate via post!
They are making me stressed and ill they are really pressurizing myself.

As you may have seen from my previous posts i am having great difficulty with this debt company this has been on going for many years.

On my Credit file the debt does NOT now show it previously showed as last default date was 14 Sept 2007. This led me to believe the debt was stat barred.
So i wrote to Capquest and basically told them the debt is statued barred.
They then wrote to me " we can confirm our records show a payment was made to this account on 12 may 2008"

I then wrote back this template letter :

http://forums.moneysavingexpert.com/...69&postcount=8

Capquest then sent me there so called proof of payment statement screen along with letter:
http://i941.photobucket.com/albums/a...estNov2013.jpg
http://i941.photobucket.com/albums/a.../statement.jpg

I have just received my Barclays bank statements which i have requested as Capquest have "claimed" this debt is not statue barred so i wanted to investigate Unfortunately it DOES show that i have made payments on
01/10/08 £250.00 (First Direct Debit)
09/01/09 £20.00 CCP i assume this Credit card payment via over Phone?
23/03/09 £62.00 CCP " "

I Cant find any records of any payment on 12 May 2008 which they claimed in a previous letter or 04/09/08 £150.00 as on statement which they claim was a card payment.

Another Strange concern is i recieved a letter dated 8th July 2008 from Halifax stating that my account has been sold to Capquest.

I recieved a letter on 20th September 2013 from Capquest saying a payment was made on 12th May 2008 i have no record of this!

If you look at bottom of letter 08/07/08 Halifax amount outstanding on your account as at 12 May 2008 was £2670.00 - Capquest claim a payment has been made on 12 May 2008 yet on there computer statement screen printout on 04/07/08 its same value £2670.00 this is not a payment!!!

http://i941.photobucket.com/albums/a...november13.jpg

http://i941.photobucket.com/albums/a...november13.jpg

Really hoping someone can ease or help my sleepless nights and help me draw up a letter thats very much legal to help my case.
I understand i have made a direct debit payment and x2 phone payments back in 2008 i dont honestly remember phone payments or setting up direct debit!
It looks like they have me but i am very much concerned with there misleading information and claims!!
Does this look likey that i will have to pay if so how much or shall i wait another year! i dont want any ccjs or anything along those lines.
Should i ask for a settlement figure and what amount shall i pay#?

As you can see im very confused angry in fact all emotions.
if someone can help i would be very grateful.

many thanks in advance

Hello,

If you've made a payment on this debt in the last six years then it isn't statute barred. So from what you've said it sounds like the best way forward would be to look at ways to deal with the debt.

A good first step would be to get some advice from us. You can do that online using our Debt Remedy tool: http://www.stepchange.org/msehelp. It'll help you put together a budget and make recommendations tailored to your situation.

We've also got a handy graphic to help with dealing with debt collector phone calls here: http://www.stepchange.org/Infographics/Debtcollectorphonecalls.aspx.

All the best.

James

StepChange_James

mph9171 wrote: »

hi,
i have just discovered that my partner has run up debts in the region of 25k, she does not work and is on disability allowance, but has still been able to get credit cards etc. what is even worse is that she has taken some loans, credit cards out in my name. i am still working and have been paying the mortgage and most of the bills. due to her age and ill health i am concerned where this will leave me should the worst happen, will i be forced to sell my house to pay her debts? how can i try and sort out the loans and credit cards he has taken out in my name? she has also been taking financial advantage of our son, who has special needs, although i hopefully have managed to stop this. she has been intercepting any post that may incriminate her. i fear this may only be the tip of the iceberg. i don't have a clue where the money has gone!
any suggestions of help would be appreciated. thanks

Hello,

Thanks for posting. This sounds like an incredibly hard situation to be faced with. I've spoken to people who've had similar experience in the past and know that it causes a lot of very confusing emotions.

If someone takes credit in your name without your consent then it could be classed as fraud. If it was a stranger that had done this most people would involve the Police but when it involves people close to you this can be a much harder decision.

If you're not sure you know the full extent of things it might be worth having a check on your credit history. You can do this for free using Noddle - here's the link: https://www.noddle.co.uk/.

That should tell you about all the outstanding credit in your name.

If your partner died you wouldn't be responsible for debts in her name. They'd fall within her estate and would only be entitled to any assets that also fell within her estate.

It sounds like all of this has come as a massive shock and you're still at the stage of working out what the situation actually is. If you've not spoken to your partner then it might be worth having a discussion to establish some of the facts.

We can help you work out a plan to move forward. You can use our online Debt Remedy tool to get free anonymous advice: http://www.stepchange.org/msehelp or call us to speak to an advisor: http://www.stepchange.org/Contactus.aspx.

Either way we can give you advice about how best to deal with these debts.

Kind regards

James

StepChange_James

blissfullytea wrote: »

Ok bit of a strange one for you!
In 2006 my child was in nursery, my now ex husband and me were both students at the time and therefore got money through student loans for childcare.

I had to quit my course because of severe medical issues and lots of operations but because I was then classed as disabled we were still entitled to childcare help while then husband went to uni. Only he had to reapply or something and he did not.

Long story short I had to remove my daughter from nursery after only a few weeks and they hit us with a terms fee in leui of notice.

I arranged to pay this pack in tiny installments, all I could afford but they still went for a ccj.
I have been paying that ccj to Incasso ever since in small amounts. We moved three times due to marriage breakdown and temp accommodation but I definitely informed them of two changes of address, I am not sure about the third.

Fast forward to this year and Incasso have been taken over by HL Solicitors. As I just have a basic account with basic hole in the wall card so was paying into the bank physically, I found out by accident HL had taken over. I have been trying to confirm with HL if I can still use the same bank account for months, I have wrote, used the contact form, emailed, emailed other HL emails, faxed, waited hours on their online live chat system. Do not want to ring them as I want everything in writing with DCA.

Anyway they still are not replying, I have no idea if they have current address and suspect not they definitely have an email address for me. If they send baliffs or legal action to old address there will be no answer as friend has told me property is empty. I am worried they might go to my elderly parents house (address was on as emergency nursery contact) or to my ex husband.

I have no idea what to do now, I would contact court and speak to them about the original ccj but I have no idea what refs were and such and cannot see them on credit file.

So I am looking for advice, if baliff gets no where at old address presume it will be returned to court, what happens then if they do not have an address for me? (trying to give it to them!)

I must be only person chasing a DCA :eek:

This is an odd situation, usually the problem is with DCAs being too keen to get their money back, not the other way around!

I think it's probably a sensible policy to make sure all contact with debt collectors is in writing, so you've got a written record. With all those various ways of contact them not generating a response it sounds like they're going out of their way to ignore you.

With that in mind it might be worth making a quick phone call to them. You don't have to discuss the account but you could call to get the name of someone that will take responsibility for your case.

If you can get the name or department to write to you should have a better chance of them responding. Sending letters recorded mail also improves the chance of a response.

If you're still having no joy then you could make a complaint. There have to be sent to the company initially and then you can escalate it to the Financial Ombudsman Service and they can investigate from their end.

If a bailiff isn't able to collect on a debt then the debt collection company are notified and they have to work out what they'll do next (hopefully their next step would be to check their emails!).

Good luck with getting to the bottom of this.

Regards

James

BAILEY47

Hi


We've been in an IVA for approx. 18 months through PayPlan. All seems to be going well and we've found them very helpful. However, we keep getting letters from various organisations saying that IVAs don't work and they could get us out of the IVA without any charges. I've just binned them all, as they sound like a scam but as we've got so many I'm starting to have doubts. Is there a chance we could end this term of 6 years of the IVA and not get the balance of our debts cleared? I do understand that if our house has any value in it, we have to pay that or if we get a windfall we have to pay that in too but apart from that, is there any way this 6 years could be a waste and we may end up still owing a lot of money out?


Thanks in anticipcation of your advice.

StepChange_Private_Messages

BAILEY47 wrote: »

Hi


We've been in an IVA for approx. 18 months through PayPlan. All seems to be going well and we've found them very helpful. However, we keep getting letters from various organisations saying that IVAs don't work and they could get us out of the IVA without any charges. I've just binned them all, as they sound like a scam but as we've got so many I'm starting to have doubts. Is there a chance we could end this term of 6 years of the IVA and not get the balance of our debts cleared? I do understand that if our house has any value in it, we have to pay that or if we get a windfall we have to pay that in too but apart from that, is there any way this 6 years could be a waste and we may end up still owing a lot of money out?


Thanks in anticipcation of your advice.

Hi Bailey,

When you go on an IVA your name and address is listed on the insolvency register, which means that anyone can find your details. I suspect that this will be where these companies have got your details and their warnings, rather than being well meaning, will be some sort of attempt to make money out of you.

IVAs are a legitimate way to deal with debts. They're only right when they suit your circumstances but if PayPlan recommended it to you then I'm confident that it will have been the best option at the time.

There are risks involved with IVAs, if you miss too many payments it could be cancelled and you'll not get any money written off. Usually this doesn't happen though and most people finish their IVAs and become debt free.

I'd recommend giving PayPlan a call to discuss your concerns, as it's better doing that than worrying. From what you've said it doesn't sound like there's anything to fear.

Kind regards

James

blissfullytea

StepChange_James wrote: »

This is an odd situation, usually the problem is with DCAs being too keen to get their money back, not the other way around!

I think it's probably a sensible policy to make sure all contact with debt collectors is in writing, so you've got a written record. With all those various ways of contact them not generating a response it sounds like they're going out of their way to ignore you.

With that in mind it might be worth making a quick phone call to them. You don't have to discuss the account but you could call to get the name of someone that will take responsibility for your case.

If you can get the name or department to write to you should have a better chance of them responding. Sending letters recorded mail also improves the chance of a response.

If you're still having no joy then you could make a complaint. There have to be sent to the company initially and then you can escalate it to the Financial Ombudsman Service and they can investigate from their end.

If a bailiff isn't able to collect on a debt then the debt collection company are notified and they have to work out what they'll do next (hopefully their next step would be to check their emails!).

Good luck with getting to the bottom of this.

Regards

James

Oh interestingly within an hour of you replying they had replied to me after more than a month with no luck claiming they had indeed replied each time but there is nothing in my inbox or spam previous to this. Interesting that.
Thanks James.

leighavfc

Hi


My DMP with Step Change has been set up this week, first payment is due 1/1/14.


I have been asked by Step Change to send token payments to all my creditors in the meanwhile.


My question is, how do I work out what I should offer/pay them?


Cash is running low at the moment so I will only have a small amount to offer them.


Thanks

System

leighavfc wrote: »

Hi


My DMP with Step Change has been set up this week, first payment is due 1/1/14.


I have been asked by Step Change to send token payments to all my creditors in the meanwhile.


My question is, how do I work out what I should offer/pay them?


Cash is running low at the moment so I will only have a small amount to offer them.


Thanks

Hi and thanks for your comment.

In the meantime you could make a token payment of £1. This shows that you're not ignoring the debts and that you're just waiting for the solution to be put in place.

I hope this helps.

Kind regards,

Mat

Florida15

Hi just set up my dmp and had my first letter from barclays. Have now missed 1 payment on a loan. They have sent me a default letter mentioning section 87.

Scared to death now.

Help much appreciated thanks. :eek:

PinkPrincess82

Hi Everyone

I have always had debts my husband (who was my boyfriend then) has bailed me out twice with two loans. I have been unemployed for 3 months and before then was working part time, things have really got out of control.

I have done a lot of balance transfers two of which are expired I am being charged between £30 - £50 interest:eek:. I have never missed a payment but since being out of work I have been withdrawing for one credit card to pay another and my total debt is around £18,000 (7 credit cards and 4 overdrafts) the most I've ever owed.

My husband works for the Citizen Advice and has said I need to write to my creditors to ask them to freeze the interest. I am frantically applying for jobs as I am not sure how I will pay next months bills. My anxiety is at an all time high I am beside myself with worry.

Any help you could give would be greatly appreciated.