Capquest debt recovery letter...

Dolly6

Hi,
I had the same letter sent to me the other day so it is obviously a computer-generated standard letter that they send out to anyone who writes to them challenging the debt.

Adz1000

Ah, I thought it may be something like that, well, hope everything goes ok for you too then!

Dolly6

Thanks.
Hopethe same for you

Adz1000

Hi all, girlfriend just got another letter through the post (it is dated 29/08/2007) and it is a red letter, it says;

Take notice unless you make payment of this debt within 7 days a county court claim may be issued against you.

Information about claims in the county court:

If a claim is issued a court fee will be added to the debt and if applicable, interest may also accrue. If judgment is made against you, your name and address may be entered in the Register of County Court Judgements. This will make it difficult for you to obtain credit.

Then is goes on about how to pay, if she can't pay etc.

Please help guys, she is worried now and doesn't want to pay more and lose out on getting credit later in life, all for the sake of £282.95.

I am rather miffed at why the letter is dated a month ago?

RAS

She did not get the first letter until 16 September, so how come a red letter sent a month ago?

Since you have sent a CCA request, the debt is in dispute and they cannot enforce it at the moment. They will shortly be in default 16 September +12+2 days, at which point they can only enforce the debt if they go to court.

They will need to produce the CCA before they can do for that anyway.

Dear Crapquest

i do not acknowledge any debt to your company.

Further to my letter requesting a signed CCA dated ..., which was received by yourselves on date, and signed for by ???, today I received a letter dated 29.08.07 threatening court action.

Can i remind you that your company has not yet provided the requested CCA and this debt is in dispute. Under the Consumer Credit Act 1974 (Sections 77−79), your company cannot enforce this debt until the signed CCA is supplied.

RAS

Hi

There is of course the risk that they will produce the CCA in the next 30 days.

It may be a good idea if you and or your GF were to put up your Satament of Affairs, so that people can help you find ways of saving. Also, does she have anything that would sell at e-bay, amazon or a car boot sale?

if they do produce the CCA, rather than forcing them into court, she can negoitiate low monthly payments based on her income and expenditure. Crapquest are obliged to accept reasonable offers of payment and if they were to take her to court after that, the judge would not like it.

It is important that it is what she can genuinely afford month in month out, rather than pushing herself. If she can pay the odd bit extra one month, great, but go for what she can afford.

Adz1000

Yeah, I have no idea why this is dated at 29/08, I know royal mail are slow, but surely now a month behind? :eek:

Should I send the letter you wrote to them then Ras? Thank you for the reply

RAS

Hi

Send the letter in post 16. It does no harm to rmind them that the account is in dispute.

a11waysindebt

Sorry for jumping in like this,Does any one know where I could get a template for a letter, to stop this company phoning and reply instead by letter.

They are a bit of a nightmare.

Thanks

rayday2

I would also tell her to keep an eye on her direct debits if she has internet banking companies can set DDs up with those details. They shouldn't but they can if she does not have internet banking a phone call to her bank requesting a list of DD is available and acutally is a good idea to routinely check through make sure old ones have been cancelled properly.

Good luck with the rest!