Capquest transfer of debt after agreed payment plan with discount

Options
KatieJane58
KatieJane58 Posts: 6 Forumite
First Post
edited 9 June 2023 at 9:18AM in Debt-free wannabe
Hi, I'm not sure if this is the correct place for my query, but here goes...
I wonder if anyone has any advice about the problem below please? 
I had a notification on my phone (now cleared from my phone) informing me of a letter in my Capquest account about a transfer of my debt to Drydensfairfax. They also said I could accept a reduction of 60% if I entered into a payment plan. This I arranged with them on the date I received that notification. I have an email confirming the arrangement on the 14th April with payment amounts and dates. They took the first payment 14 days later. Now Drydensfairfax are saying that I responded too late to the original letter which was supposedly sent on the 6th April. I responded to the letter from Capquest the minute I got that notification so that is not true. I received a letter from Dydensfairfax dated 4th May informing me that the debt was now in their hands. I cannot now access my Capquest account to check the timeline.
Drydensfairfax are now demanding the full amount due (no discount).
Is this legal seeing as Capquest agreed and have taken the first payment under that agreement?
I'm not sure where to go from here.
Any advice would be appreciated.

«1

Comments

  • born_again
    born_again Posts: 14,725 Forumite
    First Anniversary First Post Name Dropper
    Options
    Needs to be in debt section.
    Requested a move.
    Life in the slow lane
  • fatbelly
    fatbelly Posts: 20,681 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Options
    Ultimately what's legal or not would be in the hands of a District Judge who would have to decide on the 'balance of probabilities'

    You have the communications. Complete the payments as agreed (when do they finish?) and then wave goodbye to Drydens.

    It's not clear from your original post that you are continuing to make the payments, but to the new owner. Did you make the second payment at the end of last month?
  • sourcrates
    sourcrates Posts: 28,993 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    edited 9 June 2023 at 1:45PM
    Options
    These settlement deals are usually all computer generated, and if not responded too within some ridiculously short time frame, your debt gets assigned elsewhere, or the deal is removed etc.

    The system is mostly automated, with little intervention by the human hand.

    So the same applies to the demands for payment now being received, again, all computer generated.

    Dryden's Fairfax are a part of the Arrow Global group of companies, as are Capquest, so the debt is owned by Arrow Global, and they are just passing you from pillar to post within their own organisation.

    Given that they are all trading names of the same company, you could write a letter of complaint, send it to whoever is writing to you now, explain what has happened, tell them the outcome you seek, and let the complaints process go to work.

    You can always escalate the matter to the FOS should you not be happy with the outcome, but usually once a human becomes involved, the matter should be sorted to your satisfaction.

    Are you still making any payments or not ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • KatieJane58
    Options
    fatbelly said:
    Ultimately what's legal or not would be in the hands of a District Judge who would have to decide on the 'balance of probabilities'

    You have the communications. Complete the payments as agreed (when do they finish?) and then wave goodbye to Drydens.

    It's not clear from your original post that you are continuing to make the payments, but to the new owner. Did you make the second payment at the end of last month?
    They did not take the last payment due by direct debit on 28th May, so should I just pay it?
  • KatieJane58
    Options
    These settlement deals are usually all computer generated, and if not responded too within some ridiculously short time frame, your debt gets assigned elsewhere, or the deal is removed etc.

    The system is mostly automated, with little intervention by the human hand.

    So the same applies to the demands for payment now being received, again, all computer generated.

    Dryden's Fairfax are a part of the Arrow Global group of companies, as are Capquest, so the debt is owned by Arrow Global, and they are just passing you from pillar to post within their own organisation.

    Given that they are all trading names of the same company, you could write a letter of complaint, send it to whoever is writing to you now, explain what has happened, tell them the outcome you seek, and let the complaints process go to work.

    You can always escalate the matter to the FOS should you not be happy with the outcome, but usually once a human becomes involved, the matter should be sorted to your satisfaction.

    Are you still making any payments or not ?
    These settlement deals are usually all computer generated, and if not responded too within some ridiculously short time frame, your debt gets assigned elsewhere, or the deal is removed etc.

    The system is mostly automated, with little intervention by the human hand.

    So the same applies to the demands for payment now being received, again, all computer generated.

    Dryden's Fairfax are a part of the Arrow Global group of companies, as are Capquest, so the debt is owned by Arrow Global, and they are just passing you from pillar to post within their own organisation.

    Given that they are all trading names of the same company, you could write a letter of complaint, send it to whoever is writing to you now, explain what has happened, tell them the outcome you seek, and let the complaints process go to work.

    You can always escalate the matter to the FOS should you not be happy with the outcome, but usually once a human becomes involved, the matter should be sorted to your satisfaction.

    Are you still making any payments or not ?
    They did not take the last payment due by direct debit on 28th May, so should I just pay it?
  • fatbelly
    fatbelly Posts: 20,681 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Options
    If your position is that you had an agreement then you should stick to it.

    It's your responsibility to pay, not theirs to take.

    Standing orders are always better than direct debits when dealing with firms like these.
  • KatieJane58
    Options
    Thank you. So in your opinion should I pay Capquest or Drydens?
  • fatbelly
    fatbelly Posts: 20,681 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Options
    I don't think it really matters, as they are part of the same group.

    Did the Capquest letter say to make future payments to Drydens?
  • KatieJane58
    Options
    Hi, Yes it did, so I should pay them? I can't get any bank details for Capquest anyway.
    I am also sending details to Resolver. Is that a good idea?
  • KatieJane58
    Options
    The original email was from Capquest and the first payment was taken by Capquest Investment Group. The letters I have had since say I should agree a new payment plan for the full amount with Drydens.
Meet your Ambassadors

Categories

  • All Categories
  • 343.7K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 450K Spending & Discounts
  • 235.9K Work, Benefits & Business
  • 608.9K Mortgages, Homes & Bills
  • 173.3K Life & Family
  • 248.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards