Help! Capquest letter chasing £6,900 debt

needtowinthelottery

Evening everyone

Well we sent the 'prove it' letter off by 'Recorded Delivery' on Friday 5 September and Royal Mail's website 'track and trace' service says it was delivered at 8.35am on Monday 8 September and signed for by someone called GURUJG.

To date, we've not received any further communication from Capquest.

I realise that it's still early days but I just wondered what we're waiting for / are there any deadlines in legislation that we should be aware of?

The end game is obviously wanting this entry removed from my DH's credit file so at what point can we go back to Capquest and ask them to remove it?

Thanks so much in advance. All of your replies to date have been very gratefully received.

happy_bunny_2

After a month, send them a reminder stating that no satisfactory response after 8 weeks from initial complaint date and you will refer to FOS to get the default removed as well as requesting appropriate compensation for taking the p*ss.

needtowinthelottery

happy_bunny wrote: »

After a month, send them a reminder stating that no satisfactory response after 8 weeks from initial complaint date and you will refer to FOS to get the default removed as well as requesting appropriate compensation for taking the p*ss.

Thanks for your reply happy_bunny.

If the timescale is eight weeks, would it be better to wait it out and if no reply is received within that timescale go straight to the FOS?

It would be useful to know why you advise to send another letter after a month, instead of just waiting out the eight weeks?

Also, do you (or anyone else out there!) know of a second template letter for the month stage. It would be useful to have one up our sleeves ready to send on 6 October (5 October is a Sunday) and that is only two weeks from now...

Thanks in advance.

happy_bunny_2

I would send something after a month to prompt them to act, before the FOS. They may do something.

All the FOS will do in the first instance is tell them to respond to your complaint.

Just say, please respond the attached within 4 weeks and remove the default or off to FOS. Include original letter.

You basically need to prove yo the FOS you have given them a chance yo respond.

needtowinthelottery

OK, thanks for the explanation happy_bunny - that does make sense. I'll keep you updated!

fatbelly

I once waited 8 weeks for a creditor's response to a complaint, referred it to FOS and they sent it back to me because I hadn't sent a reminder. So HB's advice is good. I now do a reminder at the 4-week point, not that I complain so often as I used to.

needtowinthelottery

Hi everyone

I hope you're all well.

Four weeks have now passed and we've not heard a peep out of C*apquest. I'm going to send another letter tomorrow, as you've so helpfully suggested, rather than us waiting for the eight weeks to pass to take action.

I've drafted a letter and would be really, really, really grateful (pretty please!) for any comments. I hope it's OK!?

Thanks in advance

Dear Sir/Madam

Please find enclosed a copy of a letter that I sent to you on 5 September 2014 by Royal Mail Signed For 1st Class. This letter was delivered on 8 September 2014 at 8.35am and received by GURUJG (see proof of postage and delivery enclosed).

As you can see, this letter was sent in reference to communication that I received from you regarding an account with Marbles Credit Card number (INSERTED CARD NUMBER), which you claim is owed by myself. I must repeat that I have no knowledge of any such debt being owed to Marbles Credit Card.

Four weeks have now passed and I have not received an acknowledgement of the letter I sent to you nor have I received any further correspondence. I therefore assume that you do not hold any evidence as to my liability for the debt in question.

I previously requested your written confirmation that this matter is now closed. I also previously explained that if I did not receive this from you, I would be left with no option but to make a complaint to Trading Standards and informing the FCA of your actions.

Please accept this letter as a final warning that if I do not receive written confirmation from you stating that this matter is now closed and also that you are removing the default placed on my credit file by 3 November 2014, some eight weeks after you received my letter, I shall contact Trading Standards and the FCA.

I look forward to hearing from you.

Yours faithfully

(PRINT NAME)

Lensman_2

Anther option for your letter.

Dear Sir/Madam

Add account/reference number here.

Further to my letter of 5 September 2014, for which I retain proof of delivery.

I repeat that I have no knowledge of any such debt being owed to you or Marbles Credit Card.

Four weeks have now passed and I note that have I received no further correspondence. I therefore assume that you do not hold any evidence as to my liability for the debt in question.

I repeat my request that this matter is now closed.

I expect your final response by 3rd Nov.

Failing that, I will lodge complaints with Trading Standards and the FCA.

I look forward to hearing from you.

Yours faithfully

(PRINT NAME)

and sign.

needtowinthelottery

Much better, thanks Lensman - I've always found it difficult to be concise!

Thanks again

PDF

Hang on in there. I had a similar situation with Capquest about 3 years ago. They eventually removed the default as they had no paperwork relating to the debt so keep on at them/FOS.