Me vs Capquest + Natwest

typerchris

Hi,

I sent capquest a cca request for a debt they purchased from NatWest however when it came to them supplying docs to me they said they had to write to NatWest.

Anyway time ticked on and i never received anything so i sent the follow up letter to capquest kindly asking for default to be removed etc. I have just received a response stating they bought the debt in good faith from NatWest and they are now passing it back to them and they will remove any data they have filed however cant remove the data from my file that NatWest filed. They also state they cant refund any payments to me as i have not paid any monies to capquest.

What can i do now my main priority is to get the default removed asap?

P.S this is supposidly for a unsecured loan taken out with NatWest

typerchris

I also forgot to mention they have closed my current accounts i had with them one been a joint acc with my partner. This caused loads of stress to me and family.

robpw2

me glad they are passing it back ... craoquest anoy me
write to natwest in future

mcjordi

capquest have a legal obligation to supply the cca whether they are origonal (sp??) creditor or not
see posts on cca's by weller117 i dont have a link handy sorry

typerchris

So do i deal with Natwest or Capquest now as they said they purchased it but now say they are passing it back.

What do i send

BAILIFFCHASER

If capquest have cashed your cheque then they must supply you with a copy of the agreement if not then you may write to your local magistrates court and ask them to issue a criminal summons so that capquest can explain themselves. also you may want to cca natwest and if they do not reply you can always go down the same route with them. As the last thing these companies want is to explain themselves to a criminal court. However if capquest are clever then they will return your £1 pronto.

typerchris

I think i will report capquest for failing to provide documentaion however would it be viable to just send the default removal letter to natwest which also incorporates sending them a £1 postal order rather than the cca request.

BAILIFFCHASER

Yes that way you will know where you stand. Debt collection companies work on a cheap 10 % of what ever they collect. However If i were them i would quickly try and get the hell out of getting involved in some criminal litigation for the sake of 10% comission. Which will them more like 5k in defence fees and so on. I am telling you this from experience. One dc harassed me and i took them down this route. They did not like it. Now 2 years down the line and not a peep out of them.

typerchris

So is there any charges to me for reporting them?

BAILIFFCHASER

typerchris wrote: »

So is there any charges to me for reporting them?

No all you need to do is write to your local magistrates court and ask them to issue a summons. Also you must attach a copy of the cca and you must also put down the date the payment was cashed. Similar to the following :



Dear sir,

Re criminal proceedings capquest recovery limited non compliance with cca request.

On the XXXXXXXXXX I sent the above debt collection company the enclosed letter. They have to date not replied and it is now 30 days since the request was sent. The cheque has been cashed confirming that the letter has been received . Please can you issue a summons as this is now a criminal offence. I await your reply.


MR/MRS.XXXXXXXXX


You should then recieve a reply from the magistrates as to when a summons will be issued and what date the original hearing is. You then need to turn up on the date and speak to the usher and so on. It is nothing to worry about.