Court threat from capquest - 13 years on....

matttye

kellsm wrote: »

Ok I've called the bank and got the sort code, account number and reference of what I was paying at it matches nothing on the letter I recieved, the reference is in a totally different format which is odd as well. Would references change over time?

Have you got any old correspondence from cap quest that you can compare it to?

It may be that the reference they ask you to provide is different to what they quote on the paperwork, but that would be unusual. Whenever I pay anything online I've used an account number, card number or something like that.

matttye

kellsm wrote: »

Uh oh... Just found a letter they sent last month and that reference IS on there I was still paying 10 a week in 2010. I don't have a leg to stand on do I? Not sure my best course of action now.

If I make a payment plan it won't go back on my credit file will it? I can pay them 200 a month so it's not going to take me long

You can still ask for proof of the amount you owe if you're not certain it's £500, but if they're asking for less than you actually owe, you might shoot yourself in the foot by doing this.

I think they'll jump at the chance of £200 a month and it will save you getting any more negative entries on your credit file.

kellsm

Yea I found the same reference on an old bit of paperwork. I was paying it so I'm screwed pretty much. They want 600 odd quid off me

matttye

kellsm wrote: »

Yea I found the same reference on an old bit of paperwork. I was paying it so I'm screwed pretty much. They want 600 odd quid off me

But they're only asking for £500 now? If so, make sure you keep that letter, and you need written confirmation that they accept your payment plan.

kellsm

So should I phone them and offer this? I'll pay 100 up front and then the rest in instalments. I'm GUTTED. The 100 I have is the first hundred I've actually managed to save for years and years!!! Just as I thought I was sorting myself out

Thank you so much for your help x

kellsm

The letter said the claim will be limited to 499.99 to minimise the court fee that I may be ordered to pay. The actual amount owed is 625.41

matttye

kellsm wrote: »

So should I phone them and offer this? I'll pay 100 up front and then the rest in instalments. I'm GUTTED. The 100 I have is the first hundred I've actually managed to save for years and years!!! Just as I thought I was sorting myself out

Thank you so much for your help x

No don't phone, write and send recorded delivery. Keep all correspondence to writing and make sure they do too. If they phone, ask them to write to you instead.

The OFT guidance on debt collection says creditors must respect debtors' reasonable requests of when, where and how to contact them.

You'll feel less pressured to agree to things when responding by letter and it gives you time to seek advice too. You'll also have a record of everything that's said, so it protects you if they try to change things.

matttye

If you want to phone them and tell them you're writing to them about the debt, you can do, but don't discuss it on the phone.

kellsm

Ok I'll do that. Although I'm scared they'll start court proceedings and screw me over lol, so paranoid, feel like letters take too long to go back and forth. But maybe that's the point x

matttye

kellsm wrote: »

Ok I'll do that. Although I'm scared they'll start court proceedings and screw me over lol, so paranoid, feel like letters take too long to go back and forth. But maybe that's the point x

The important thing is to keep copies of all the letters and to send them either recorded or special delivery (which is guaranteed next day) and keep the tracking receipts. These are your proof that they've been delivered and signed for by someone at the recipient's address.