Severe harassment from Capquest

fatbelly

Hi Mr D

It might be helpful if you could keep your posts to one thread as they seem to be cropping up all over the place! That's not a criticism - it's just going to be more helpful if posters can see what others have said to you.

My last post (on a different thread) said:

You have three options as I see them:
•accept their evidence as genuine and start to make payments
•refer to FOS as you said you would do in an earlier letter
•allow them to take court action to clarify the situation, as they have said they will do. I don't think this option needs any further clarification from you - you have set out your position and they have now responded.

If none of your recent communications constitute acknowledgement then they have until March 2015 to take action, on their figures.

So those payments in 2009, and the direct debit in 2008, were genuine?

This is clearly causing you a lot of stress. Could you make a lump sum payment if we went down that route?

Do you have any other debts? I should have asked that first. If so what is the total value?

MRDOLLAR

Yes the direct debit 2008 and x2 payments 2009 over the phone are genuine.
Debts I have £2200 Capquest
And I currently have a barclaycard credit card £2500 which i am in control of and pay monthly this has a credit limit of 7k.
And is currently 0% interest then it will be 17.9% in 18 months.
I would like to get rid of them could I just offer 500 quid to them and pay on credit card as I am in control of this yes it would up my monthly payments but I are this as a relief?

MRDOLLAR

Yes the direct debit 2008 and x2 payments 2009 over the phone are genuine.
Debts I have £2200 Capquest
And I currently have a barclaycard credit card £2500 which i am in control of and pay monthly this has a credit limit of 7k.
And is currently 0% interest then it will be 17.9% in 18 months.
I would like to get rid of them could I just offer 500 quid to them and pay on credit card as I am in control of this yes it would up my monthly payments but I are this as a relief?

dinky201

did capquest buy the alleged debt?

what letter you sent?

send them a letter about no phone calls under the protection from harassment act 1997.
Read office fair trading dwebt collection guidence on their site

MRDOLLAR

Capquest brought debt!
I have sent many letters from subject access request , cca letter , I wish to communicate only by post - I have sent this letter at least 3 times!

dinky201

they only sent you statements?

dinky201

you have no contract with debt collector, it was with original creditor and they didnt care about it so sold it for pennys to the pound.
debtcollector will try make a contract with you.

always say it is an alleged debt with them, don't offer to pay them anything until their is proof of debt. offer of payment is admitting it.

when you buy a car you want all the paper work logbook, mot etc... same with debt.

If they didn't send you a CCA its unenforceable.

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements#.UpXiUcRdXO4

upto you what you wanna do, if you wanna pay it off or get the the proof before you pay.

MRDOLLAR

I have already received a cca from Capquest this was a photo copy of original this was back in 2009.
http://i941.photobucket.com/albums/ad255/MRDOLLAR/MrDollar.jpg
They also sent me terms and conditions separately which I had never seen!
After much fantastic advice I sent them a letter saying it was not enforceable as did not contain terms % etc.

dinky201

ok you could get it checked by a solicitor or someone who knows how, to see if its enforceable and legal document. especially it is from 2003 the sighing. gotta make sure writing in it correct and it has no breech of regulations.

could see if you get information from legal bagels website about it.


ampafc is right don't get angry and don,t get fearful, it is their weapon.

no promisies not giving legal advice, just experience.

MRDOLLAR

Thanks dinky.
Feel like I'm going round in circles!
I'm in 2 minds to fight the enforceable cca as been over this in 2009.