Debt Collection Agency - what to do next?

babygrace1

Nearly two years ago I switched Banks from Halifax To Yorkshire Bank using the new switching service. Now I am the first to admit I never check my Bank & credit card statements (I know I should!) so naturally I assumed all had gone well and things - i.e direct debits - would carry on as normal. However, last October I received a letter out of the blue from a company called capquest demanding payment of approx £6000 as my credit card (Which originally had about £5000 on it) had gone into arrears and the debt had been handed to them for collection.
I rang Capquest and the rep explained that no payments had been made on my AA Credit card since March that year (Hence the additional £1000 in payment arrears) and they wanted to arrange a payment plan. I naturally wasn't just going to hand over my account details to someone over the phone without any documentary evidence so the rep agreed to hold back collection for 30 days while they provided copies of statements from AA Credit card for me .......... And that was the last contact I have had from Capquest. They had my address, phone number, email address etc and have not been back in touch. I wrote to them in December last year asking what was happening and still didn't get a reply. So 13 months down the line I haven't had any more contact or requests from them. I have since moved house but am on the electoral roll so its not like I can't be found ?

What should I do? Do I get back in touch again or just let it lie as they don't seem too interested in recovering any money from me?

Also what do I do with regards to the Halifax to Yorkshire Bank switch that caused the problem in the first place? I have just ordered my last statement from Halifax which show I made my monthly payment to AA credit card on 15th Feb 2015 & my account was closed on the 18th March 2015 (Roughly the same time that my next payment to AA credit card would have gone out). I have just got a list of all direct debits and standing orders on my Yorkshire Bank account and it just lists the AA credit card as 'D/D suspended account' - no payments ever having been taken from that account. What is actually covered by the 'switching guarantee'. I am not actually disputing that the money is owed but surely one of the banks has to take responsibilty for the extra charges incurred?

Advice on the way forward please?

[Deleted User]

You'll probably get better advice if you post on the DFW boards.

Voyager2002

Forget about Capquest: presumably they did not have proper documentation and so as soon as you asked them for details they handed the debt back to the card issuer. You do need to contact the card and ask what has happened to your account, and why the direct debit payments were not taken. Oh: of course you need to let them know your new address. You might also ask them why they did not write to you themselves before involving a debt collector.

Voyager2002

Deleted_User wrote: »

You'll probably get better advice if you post on the DFW boards.

Except that this seems to be about dealing with a mistake made by a credit card issuer or one of two banks.

PeacefulWaters

In 18 months you failed to notice a direct debit to your credit card wasn't going out?

You didn't notice when you checked your monthly credit card statement?

I'm baffled.

babygrace1

As I said in the OP I never checked the bank/credit card statements (Things like splitting up with wife etc in that time kind of distracted me) and it wasn't 18 months, it was February 2015 until October 2015 when Capquest first contacted me so 8 months. I haven't heard anything since October 2015 if you re-read my post. I hope that unbaffles you

Anthorn

OP, you agree you owe the money so you have to pay it back. I'm not moralising here. You might find a CCJ arriving out of the wide blue yonder if you don't or you might find the debt sold or assigned to a different debt recovery service. Better the devil you know.

I would say prepare an incoming and outgoing budget statement and an offer of regular payment, send those to them and then pay it every month without fail. Unless they can prove that you can afford more than you are paying you're pretty much in the clear.
https://www.nationaldebtline.org/EW/steps/step2/Pages/Step_2_11.aspx

PeacefulWaters

babygrace1 wrote: »

As I said in the OP I never checked the bank/credit card statements (Things like splitting up with wife etc in that time kind of distracted me) and it wasn't 18 months, it was February 2015 until October 2015 when Capquest first contacted me so 8 months. I haven't heard anything since October 2015 if you re-read my post. I hope that unbaffles you

Well it was a rather wordy post.

I'm baffled that people don't keep on top of their finances even in the most difficult times.

babygrace1

Thats what I am inclined to do anyway - I get the feeling I am on 'borrowed time' with this agency. Do you suggest that I pursue the Banks involved in the switching process for the additional costs that have been added onto the account? I don't know what is actually covered under the 'switching guarantee'

PeacefulWaters

babygrace1 wrote: »

Thats what I am inclined to do anyway - I get the feeling I am on 'borrowed time' with this agency. Do you suggest that I pursue the Banks involved in the switching process for the additional costs that have been added onto the account? I don't know what is actually covered under the 'switching guarantee'

The last point of the switching guarantee doesn't appear to have a timescale.

https://www.currentaccountswitch.co.uk/SiteCollectionDocuments/CurrentAccountSwitchGuarantee.pdf

redux

Ring up the credit card, sound a bit contrite, ask why the direct debit was never operated.

It may turn out that the bank declined the first transaction, and they haven't attempted since, or maybe for some glitch reason they didn't even apply

If the latter, perhaps they might reduce some of the late fees on a goodwill basis, but if not and if they sent statements and some reminder letters, and got no response, they might take the view that the position now is mainly down to you.