Help! Capquest letter chasing £6,900 debt

needtowinthelottery

Thanks for your post sourcrates.

Re: account on hold status - I thought that the DCA had to freeze the value of the account to prevent interest from being added. Is that not the case?

Thanks for the other information. My husband is going to write the letter back to Marbles and send a copy to the FOS today. Is it worth also sending a copy of both letters to the DCA (Capquest) so they are also aware of the communication? Not sure whether to do this or wait for their final response.

Thanks again.

sourcrates

needtowinthelottery wrote: »

Thanks for your post sourcrates.

Re: account on hold status - I thought that the DCA had to freeze the value of the account to prevent interest from being added. Is that not the case?

Thanks for the other information. My husband is going to write the letter back to Marbles and send a copy to the FOS today. Is it worth also sending a copy of both letters to the DCA (Capquest) so they are also aware of the communication? Not sure whether to do this or wait for their final response.

Thanks again.

The amount outstanding, shown on your credit file is very rarely correct, they are supposed to be accurate, but no reliance should be made on these figures.
The only balance that matters is the balance on any statement they produce.


DCA`s, as a rule of thumb, do not charge interest on delinquent accounts, or add further charges, they are prohibited from doing so by the terms of the original contract you had with the lender, so unless the original contract says that any agent involved with debt recovery of this account can charge reasonable fee`s and interest, the balance of your account will not rise any further.
So if you need clarification on this, you need to check a copy of your original agreement.

needtowinthelottery

Thanks again sourcrates.

According to my husband's credit file, the "default balance" says £5,319 but the "Current balance" is £7,003. This suggests to me that just under a whopping £1,700 has been added by the DCA in fees/interest.

I'm not sure whether you've read through this thread from the beginning but my husband doesn't have any paperwork and isn't sure whether or not it's his debt. We therefore don't have an original agreement to look through.

I'll update again once my husband receives a reply in reply from Marbles or from Capquest.

sourcrates

needtowinthelottery wrote: »

Thanks again sourcrates.

According to my husband's credit file, the "default balance" says £5,319 but the "Current balance" is £7,003. This suggests to me that just under a whopping £1,700 has been added by the DCA in fees/interest.

I'm not sure whether you've read through this thread from the beginning but my husband doesn't have any paperwork and isn't sure whether or not it's his debt. We therefore don't have an original agreement to look through.

I'll update again once my husband receives a reply in reply from Marbles or from Capquest.

Yea i realized that after i`d posted, rule of thumb, a normal credit agreement for a loan or CC should not contain terms allowing DCA`s to add charges or interest, but again only way to know for sure is to check said agreement.
If debt is proved to be his, you can challenge charges/interest etc at a later date.

rizla_king

needtowinthelottery wrote: »

I hope everyone is having a lovely Christmas.

My husband received a letter yesterday from Marbles dated 12 December. It says: "Thank you for your recent correspondence via the Financial Ombudsman Service. I am unable to verify your details with the information provided in your correspondence. To enable us to further our investigation we would require you to provide the following documentation."

It then goes on to list three bullet points - 1. Photographic identification such as a copy of your driving licence or copy of your passport, 2. A copy of a utility bill from the previous address (this cannot be a marbles statement) and 3. A copy of a utility bill from your current address, dated within the last three months (this cannot be a mobile telephone bill).

It then concludes with: "If we do not receive any additional information we will assume you no longer need our assistance in this matter." It's signed off by Michael Ince, Customer Service Team but someone has PP signed it.

Write back telling this fool that it is they that set Capquest on you in the first place so they cannot deny any knowledge of you or the debt. You complaint stands. You will continue with the FOS unless you receive a more satisfactory response that does not try to evade dealing with your complaint.

Marktheshark

BeBopTalulah wrote: »

I've read all of this thread with great interest. However, I am really confused. Are you doing all this because a credit company has made a mistake in asking for payment, or was this debt actually run up by your husband? I'm new to this forum,

Start by reading what it says at the top of the page !

MONEY SAVING EXPERT !
Not
MORALS EXPERTS.

If you are new, then you have obviously signed up to the wrong forum, this one is about helping people save money regardless of the working class morals drilled in to you from birth.
Have a look at the top of the page.
DOH !

needtowinthelottery

Thanks for your post rizla king.

Marktheshark - you quoted a post but I can't see the original?! Has the person who wrote it removed it?

General comments:

I don't see anything morally wrong with checking to make sure that Capquest/Marbles actually have my husband's debt and that they can provide evidence to prove that it is his.

The original letters from Capquest arrived in August and our complaint letters to Capquest, Marbles and the FOS have been ongoing now for almost four months. MY HUSBAND STILL HASN'T RECEIVED ANY PROOF OR EVIDENCE THAT THIS ACCOUNT IS HIS!

We have been greatly helped by the lovely people posting advice, help and support on here. I realise that the thread is now quite long but anyone wanting to post really should read through the whole thread from the start before judging us.

Letter sent off to Marbles today so fingers crossed for a resolution early in 2015.

Happy new year lovely MSE helpers.

needtowinthelottery

Hello and happy new year.

My husband has today received a letter from Capquest dated 30 December. It says:

"I write in response to your recent complaint received, I note that you are unhappy at the contact we have made with you. In order to help us with our investigations would it be possible to confirm if you resided at (inserted addresses) in 2003.

Can you please respond to me directly at: (inserted Capquest's usual address).

If can respond before 13 January 2015 this will give me time to complete my investigation before issuing my Final Response Letter in relation to your complaint.

Should you wish to discuss the matter further please contact me on (inserted telephone number).

Yours sincerely

David Hyde, Complaints Officer (actually signed in pen!)"

So, what do you lovely people think of this?

It seems that they are just asking my husband to help but it's not a demand. So, I'm inclined to think we should follow what we did with the letter from Marbles and either send a letter back to say no, I'm not helping - you need to provide me with the evidence that I've been requesting since August 2014! Or, just ignore this letter and wait for the final response.

We're also confused as to where the 13 January date has come from as they previously said 6 January.

Thank you in advance for your valued help and advice l, as ever. It feels like we're FINALLY getting somewhere by going through the FOS so I really hope for a swift and positive conclusion.

sourcrates

Hi again,

At this stage, you do not want to be doing the DCA `s job for them.

I would not give them any more information than they already hold.

I would write back stating that you are under no legal obligation to provide any further personal details to there company, and unless they provide you with the documentation requested within 28 days, you will consider the matter closed.

Always remember, the onus of proof is on them, not you, don't help them do there job.

needtowinthelottery

Thanks again Sourcrates. My husband has decided to send Capquest a copy of the letter that he received from Marbles, and his reply. He's going to include a covering note to say the same applies to them - that they need to provide evidence or else wipe the account/close the case. I'll keep you updated! Thanks so much for your help.