Problems with CapQuest Debt Recovery Ltd

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  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
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    edited 29 November 2009 at 5:51PM
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    Okay

    Look at the thread I have already referred to guys.

    A few points:

    • The OFT guidance makes clear that it expects firms with consumer credit licences that use DCAs to take account of their reputation and behaviour
    • RBS and Abbey can also be taken to FOS - adapt the template I have posted and complain to them too. Abbey cannot say they don't want to deal with the complaints and the same time limits apply - so it sounds like they are running out of time Paul
    • FOS works primarily in line with FSA rules (although the FSA does not regulate DCAs). It will therefore probably consider all calls after 9:00 p.m. or before 9:00 a.m. and any time on a Sunday to be antisocial unless you have consented.
    Guys you MUST complain - and tell them not to telephone.

    I have put some posts on this thread., including a template letter.

    Get them in the post tomorrow then post on there to tell us how you get on.

    And if there has been no contact since 1997 on an alleged debt, then I would write and tell them you deny the debt but, even if it did exist, you have had no dealings with Abbey for 12 years so it would be statute barred and any further communication from them will be responded to with a formal complaint and demand for redress for the distress and inconvenience caused.
  • Paul_Varjak
    Paul_Varjak Posts: 4,627 Forumite
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    hi magpiecottage...

    I had already submitted a complaint to Abbey and the reply I received yesterday appears to be their final response. They claimed there was a complaints leaflet with their response but there was none!

    My complaint is not actually against CapQuest but against Abbey. CapQuest told Abbey where the debtor lived but Abbey refuse to update their records to show where the debtor now lives. After CapQuest told Abbey where the debtor lived, I still received a statement for the debtor at my address from Abbey. That is why I complained to Abbey.

    And Abbey's finanl response is that Capquest have a right to pursue me for repayment of this debt (sic).
  • magpiecottage
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    Okay - you need to complete the FOS complaint form which is downloadable as a Word or pdf document.

    Also send them copies of the documentation.

    Include the following:

    'The OFT Guidance for debt collection says, "Creditor responsibility for third parties .... If consumer credit licence holders choose to do business or continue to do
    business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question. I therefore believe Abbey has a responsibility for the actions of the firm acting for it.

    I therefore believe I am entitled to bring my complaint to you under the powers granted to you under the Consumer Credit Act 2006'

    Then use the other stuff I have given about the DCA.

    See how you get on - it is only the cost of a stamp (you have to snail mail it)
  • lankydave
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    Hi Shebear

    Can't offer advice , only support as I am having exactly the same problem with them. A debt I don't owe and abusive phone calls from them. I too have taken solace from this board and am putting the advice given into action.

    Good luck, Lankydave
  • germgirl
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    I received a letter from Capquest today, delivered to my dads address (I've not lived there for 20 years!) my dad opened it and then came to my house and gave it to me. It said that I owed Abbey over £1500 but that Capquest would be happy to accept £750 if I paid up immediately.
    I accept that I did have this debt, but it's years old.
    I phone Capquest and was told that the debt was from 1994 but that Capquest had bought it in Sept of this year.
    I then said that because Abbey hadnt contacted me for well over 10 years, surely the debt can now not be recovered?
    I expected an arguement.
    instead, the girl on the phone just said "OK, because of the Statute Barred thingy (she didn't say "thingy"!) that they would close my account with them and not pursue me for the money,
    I was gobsmacked! I just muttered a thankyou and asked for her name, she told me her first name but when I asked for her surname she cut me off.
    So, so I believe her? Is this the last I will hear from them?
    I didnt give her my address or phone number.
    I'm surprised that it all seemed so easy, what do you all think?
  • fermi
    fermi Posts: 40,546 Forumite
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    germgirl wrote: »
    I'm surprised that it all seemed so easy, what do you all think?

    You never know, but I think I would save a copy of the letters in the link below just in case.

    ----> Statute barred debts - Links and letters.

    I don't trust CrapQuest at all. Even if they close their file, they may flog it on to another debt collector.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • germgirl
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    Thanks, I will.
    I've just phoned them again, because I dont believe them either. I spoke to another girl who assured me that the account is closed and I wont hear from them again.
    I suppose if they buy these debts for a few quid each and then even one person pays up because of the threatening letter, then they've got their money back havent they?
  • fermi
    fermi Posts: 40,546 Forumite
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    Precisely......

    They depend on people not knowing the law and/or being scared into paying up before they find out they don't need to.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • germgirl
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    Thanks for your help Fermi.
  • broker81
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    Hi Guys

    I have exhausted every means to try and get this company off my back and yet they still persist in harrasing me at work, at home about 2 times a day, my partner has even lost the plot on the phone with them.

    I know for a fact that the debt they have "purchased" from the Royal Bank of Scotland is well and truly statute barred and i have sent them all the letter templates i can find on this site but they will still not give up.

    What does one do now, i have tried looking up where to complain to the OFT or such likes but i can't seem to find anything. I have off course kept all the letters i have sent them for proof.

    Any help would be appreciated guys.

    John
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