Capquest debt letters - CCA-Help

Adz1000

Hello all, glad to see forums are back to normal again!

As some of you may know, my gf has been having some troubles with CapQuest debt recovery from an old Argos account she forgot she had (£282.95 is the debt). I made a thread a while ago but it seems to have died a death so thought I would get a bit more info with this one.

Basically, I wrote a letter out asking for capquest to show us copy of the credit agreement my gf took out with argos, a few days later (04/10) we got a letter from capquest with a copy of an application form and an agreement that I was told wasn't genuine as it didn't state anywhere the amount of credit agreed. I have to say I forgot to write out another letter in reply until I got another one from them.

On the 15/10, another letter appeared from H L Legal Solicitors stating that capquest have appointed them to make her pay the total.

Then on the 20/10 another letter appeared asking for a direct debit to be made and sent off in the envelope provided (this time from capquest).

Then on the 24/10 a 'Settlement Offer' came through, which I find very bizarre. They said that if she paid £237.68, they would let her off the extra £45.27 and it would be put down as a saving. Is this common practice?

I have also written to them saying that the credit agreement sent to us was not genuine and they just replied stating that a copy was sent in the post when we first asked for it, and to phone the number provided to pay off the debt.

My girlfriend just wants to pay the debt and be done with it, but the way they have been behaving with this debt, I don't think she should.

Could someone please advise on what I should do next for her?

rayday2

You say it wasn't genuine did it have her signature on? I believe that is the criteria, but I could be wrong. You could always ring the national debthelplien for futher advice too as most the template letters come from them!

Capquest every time they write to me offer somewhere in the letter a settlement figure so I would not think about that its there sort of "practice"

Adz1000

I did think that because it does have her signiture on there, but was told it needed to state the amount of credit argos had given to her too?

The thing that confused me about the 'settlement offer' though was the fact that if they had given the correct forms we requested, then why would they offer us a cheaper solution afterwards?

fiveyearplan

As far as I'm aware a normal credit card application is not a CCA so if that is all she signed she may not have to pay it. Why don't you change the title of this to 'CCA-Help' or similar and hopefully someone with more knowledge will be able to help you.

KittyKate

Due to a banking error which crapwest totally deny, Capquest are chasing me for around £300 I don't owe. They regularly send me 'deals' or 'offers' - latest is, pay 50% we'll pay the other 50%. Then they send a few ridiculous threats from their made-up solicitors (HL Legal amongst others, same address as Capquest) 'we MAY send baliffs to seize goods' etc.
5 years this has been going on. I have begged and begged Capquest to take me to court as they have been threatening for 5 years, or send baliffs, as I have proof I don't owe the money, but unless I send the originals (which obviously I'm not going to do) they refuse to clear the debt. 'We won't take you to court Miss KittyKate because it's just not worth it' (but up to 3 phonecalls a day and 3 letters a week IS!?)
Anyway I called the police and had a harrassment case raised, they are no longer allowed to phone me. I ignore the letters under advice of National Debtline. All in all Capquest are a shocking company, and I'd advise your GF to speak to National Debtline before she parts with any cash.

Adz1000

Thanks guys, she is at work at the moment so when she gets back I will get her to check the debthelpline. I also changed the title, could someone confirm it changed ok?

Regards the application/agreement they sent, should I just write up another letter to send off tomorrow recorded stating again that it is not the correct form? I can just about read the agreement which states they will tell her how much credit she gets once she sends off for the argos card.

I know what you mean KittyKate, they just keep ringing her (I tell her to just ignore it and not to speak to them on the phone) and the amount of letters they send is just stupid!

I'm just unsure whether we should just ignore them for the time being as I have already sent them a letter but fobbed it off, surely it will just be same again and a waste of a stamp (plus .90p recorded)

rayday2

I would hold off anymore letters until you speak to national debthelpline they are lovely on the phone and will point you in the right direction. Would hate you to send a "wrong" letter and let Capquest assume you don't know what you are talking about!

DCA can offer percentage settlements as they buy the debt for less than you owe.

Adz1000

I see, kind of obvious when you think about it, unless they wish to break even everytime

Ok, thanks for the replies and as you point out, rather than me mess things up with a wrong letter, I will get her to give debtline a ring tomorrow (Could you supply the website/number so I know it's the correct place you are talking about!)

custardy

isnt the credit agreement just the standard form you sign at the start?
TBh if its a known debt and you dont dispute the amount then why not make payment on it?

Adz1000

While I agree and have spoken to my OH about the situation and she will not be getting anything else using credit, if they are willing to try and give a 'settlement offer' so easily then why should the full amount be paid without thought? It was there choice to offer a settlement offer, I just wanted the debt to be confirmed properly