CapQuest

smoogy

Hi I am wondering if any one can advise what I should do next?

I have a credit card debt with capital one which was defaulted last March 2012. The debt has now been sold to CapQuest who have been sending me letters wanting full payment. I have been replying offering full and final settlements but they respond with very short letters saying no the offer is not acceptable. I owe £9500 and the last offer I made was for £2750. I have explained that I am not able to pay the full amount due to various reasons and that I am leaving the UK soon indefinitely. They have asked me to call them but I have also explained that I will only communicate via letter which they keep ignoring and ask me to call them in every response!!
They have come back and said the lowest they will accept is £6975 which I can not afford to pay - I am having to borrow the amount I have offered from family and I cannot ask them for more.
I dont know what to do now any advice?? They did offer that I pay £1 per month but I am going to be out of the country and I wanted to settle this before I left - which is in a few weeks time.
Should I just pay the token £1 and in 6 months offer a full and final again? Or will they perhaps write to me and offer a reduced figure after a few months?? What happens to my credit file if I start paying the £1 per month it is showing as a default at the moment.
I have not asked them to prove the debt.
Any advice would be appreciated, I did have other 2 debts but they all accepted my full and final offers - capquest seem unwilling to negotiate.

happy_bunny_2

How old is the account? If before 2007, worth sending a CCA request, as if they don't have it, you can probably get a better deal as they can't take you to court.

If they have it, they can take you to court and get a CCJ.

smoogy

happy_bunny wrote: »

How old is the account? If before 2007, worth sending a CCA request, as if they don't have it, you can probably get a better deal as they can't take you to court.

If they have it, they can take you to court and get a CCJ.

I have had the account since 1999! I thought they didn't need the CCA anymore to enforce the debt??

fatbelly

For agreements commenced before April 2007, under s127(3) CCA1974, the debt is unenforceable without a properly executed agreement.

So worth doing, and keep making the offer.

Let us know how things develop.

happy_bunny_2

Some companies are better at keeping records than others from my experiences, unfortunately, I've never dealt with Capital one so no idea if they keep things that old.

Check what they send you carefully, as they will probably send a reconstituted one that will in reality be very unlikely to be a true reconstruction.

Report back on here if in doubt.

fermi

Getting information about your credit agreement

smoogy

Thanks so much for all your replies.
I will request a copy of my CCA and report back on here once I have heard back from CapQuest.
THANKS AGAIN!!:j

smoogy

Hi
Just to give you an update I got a letter back this morning from Capquest saying that as per my request for further info, my account was now on hold for 28 days whilst they obtain the info required. They then ask me if I have any proof of payments or correspondence that would assist them with my query would I please send it to them!!
I will not be sending them anything!!

I found out I actually have had the card since August 1998.

Can anyone let me know what to do next. I posted the original CCA request on the 22 March 2013.
Thanks!:j

smoogy

happy_bunny wrote: »

Some companies are better at keeping records than others from my experiences, unfortunately, I've never dealt with Capital one so no idea if they keep things that old.

Check what they send you carefully, as they will probably send a reconstituted one that will in reality be very unlikely to be a true reconstruction.

Report back on here if in doubt.

Hi
Just to give you an update I got a letter back this morning from Capquest saying that as per my request for further info, my account was now on hold for 28 days whilst they obtain the info required. They then ask me if I have any proof of payments or correspondence that would assist them with my query would I please send it to them!!
I will not be sending them anything!!

I found out I actually have had the card since August 1998.

Can anyone let me know what to do next. I posted the original CCA request on the 22 March 2013.
Thanks!

fermi

Sit tight and wait at least 14 working days from when you sent your request.

smoogy

fermi wrote: »

Sit tight and wait at least 14 working days from when you sent your request.

OK thanks will come back once that time frame has passed:)