Capquest Asking For Money On Closed Account-Help!

rog2

Hi PP - I'm sorry but I have to go to work in a few minutes, but I will look at your case - just one quick question:

Did the original 'debt' relate to a loan account or a current account?

There are slightly different rules for current accounts than for loan accounts.

stapeley

They only have my mobile number , never give these agencies your home number !

Penny-Pincher!!

rog2 wrote: »

Hi PP - I'm sorry but I have to go to work in a few minutes, but I will look at your case - just one quick question:

Did the original 'debt' relate to a loan account or a current account?

There are slightly different rules for current accounts than for loan accounts.

It was a current account.

Thanks so much

PP
xx

rog2

Penny-Pincher!! wrote: »

It was a current account.

Thanks so much

PP
xx

Okay - I need to check - normally current accounts are not the subject of a 'consumer credit agreement', although many posters have, successfully, used this avenue on current account 'debts'.

The 'debt' is, already, in dispute and whilst it is in dispute CRAPQUEST should not be pursuing you for payment.

Do you have any letters, from Nat West, accepting your original offer of a 'Full and Final Settlement'? I can understand it if you haven't kept them, but you need to ask Nat West for copies of all correspondence.
Do NOT be fobbed off by them telling you that they no longer have the letters as the account is now closed. They MUST keep all letters for at least six years.
You MAY need to submit a S.A.R. (Subject Access Request) to Nat West, in order to obtain this 'proof', if they are being difficult - ask them first.
Do NOT worry about CRAPQUEST - once we have found the best way forward, we will suggest a letter that you can send to them.
One thing at a time.

Good Luck.

Penny-Pincher!!

rog2 wrote: »

Okay - I need to check - normally current accounts are not the subject of a 'consumer credit agreement', although many posters have, successfully, used this avenue on current account 'debts'.

The 'debt' is, already, in dispute and whilst it is in dispute CRAPQUEST should not be pursuing you for payment.

Do you have any letters, from Nat West, accepting your original offer of a 'Full and Final Settlement'? I can understand it if you haven't kept them, but you need to ask Nat West for copies of all correspondence.
Do NOT be fobbed off by them telling you that they no longer have the letters as the account is now closed. They MUST keep all letters for at least six years.
You MAY need to submit a S.A.R. (Subject Access Request) to Nat West, in order to obtain this 'proof', if they are being difficult - ask them first.
Do NOT worry about CRAPQUEST - once we have found the best way forward, we will suggest a letter that you can send to them.
One thing at a time.

Good Luck.

Yes, I have a letter from Natwest accepting offer and proof of payment (I think)...but the new ref number is a 16digit number and no account number or sortcode has been given which is on the proof of offer etc. Maybe its the debit card number

I have sent these letters to them but they have not acknowledged them.

Sorry about this.

PP
xx

Penny-Pincher!!

Any idea Rog2?

Can I still send the default notice letter after the 12+2+30 days and if so, do you count weekends? The letter arrived there on the 20th November asking for a CCA.

Thanks

PP
xx

rog2

Hi PP - it looks pretty 'cut and dried' to me - CRAPQUEST are chasing you for a debt that simply does not exist, and are, therefore, acting in direct contravention of the OFT Debt Collection Guidelines:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Providing that the acceptance letter, from NatWest, contains the words 'full and fnal settlement' then this 'debt' has been satisfied.

I would send a letter to CRAPQUEST along the following lines:

'Ref:...............

"I acknowledge no debt to your Company or any organisation that you claim to represent."

The 'alleged debt' to which you refer, has been fully satisfied, by 'Full and Final Settlement Payment' as agreed and accepted by the original creditor - Nat West - on --/--/0? (you can enclose a copy of your letter and proof of payment, if you wish).

If you have any query, regarding the above, you should direct ALL enquiries to the Original Creditor.

By pursuing me for an 'alleged debt' which has been paid, to the original creditor's satisfaction, you are acting in breach of the OFT Debt Collection Guidelines, to which you are supposed to adhere.

Any further attempts, by you, to pursue this no longer existing debt, will be reported, as harrassment, to the Office of Fair Trading and other Statutory Bodies, including possibly the Police.

Furthermore I require that you remove ALL of my personal data, including telephone numbers, that may be held by your Company, from your data base.

I require written confirmation, from you, within the next 14 days, that you have complied with my requests, regarding my personal data, and that you will, no longer, be attempting to pursue this non-existant debt.

Yours Sincerely

Mrs Penny_Pincher'

I hope that helps - keep us posted of any reply.

Good luck.