Capquest

makaveli223

I know this has probably been asked before, but i couldn't find anything specific to my situation.
Basically, I've been having it out with Capquest for the past year about an account with Clydesdale Finance. About 3 years ago I lived at my own address, and ordered a laptop from Tiny on finance. It arrived broken (CD Drive not working, no drivers for speakers or internet installed) and despite me waiting for around one hour (in total) on a premium rate number all Tiny kept doing was sending me packets of new CD's (and charging me for them). I then heard that Tiny had gone bankrupt, but I was still apparently liable for the broken laptop and all the interest which had been financed through Clydesdale Finance. I informed them that the laptop was faulty, but they didn't care. Shortly after I moved abroad for approximately six months, then back to my parents house and my old employers.
I started receiving phone calls non-stop to my work, they even said that they were calling from Capquest for me to the secretary's. I repeatedly demanded they stop, twice they actually refused on the phone. The laptop had also started melting power supplies and blew the motherboard whilst I was abroad. Eventually I told Capquest that I had recorded the last two phone calls requesting them to stop calling me and only contact me via post and recorded them. This seemed to do the trick.
Then, about 5 Months ago I received a letter to my parents house from Capquest demanding payment again. I asked for the credit agreement which they sent me. I told them that it was to a different address and wasn't me. They asked for a mortgage statement or tenancy agreement to prove what I was saying. I told them I couldn't provide this as I lived with my parents and they should immediately stop harassing me. They again stopped contacting me.
I arrived home from work to see the old classic 'Preparing a Statutory Demand' letter and offering me the chance to pay half of the now £1460 bill (it was originally about 900). The letter also says 'Debt Purchased From- Barclays Partner Finance Family. Basically, I was under the impression that these companies could only claim back the amount they paid for the debt. Can anyone advise where I stand legally, and if they are likely to follow through with their threats. Sorry for the long read :j and any advice would be greatly appreciated.

makaveli223

Shameless Bump

LilacPixie

To be honest i'm not sure what exactly you are wanting.

From my understanding you bought a laptop that was faulty while you lived at another address.

You ultimatly gave up persuing the 'the goods you sent me are faulty' line because the company went bankrupt.

You then moved abroad ignoring your financial obligations.

On return to the UK you move back with your parents, capquest find you and start demanding payment. you CCa them.

They send you the CCA and you deny its you because the address was diffrent?? Was the address on the CCA your former address??

If the address on the cca was your address at the time then surely denying that the debt is your when it is yours is fraudulent?

Anyway to answer your final question, they may or maynot follow through with the threat. They can claim bacl the full amount owed not just what they may have bought the debt for and if the paperwork is in order then you may find them more likley to take further action.

I think you will have to think very carfully about what you want to do.

RAS

Hi

you need to talk this through with the National debt line, with all the documentation in front of you.

See here for the number http://www.moneysavingexpert.com/loans/debt-help-plan#help

makaveli223

Sorry Lilac but are you saying you would just pay in full for Faulty Goods? I informed the manufacturer of the defects in their product but they did nothing helpful in return, would you stick to the repayments for something that ended up unusable? Even after them harassing me at work? I don't have any other accounts in arrears, but i certainly will not be paying £900-£1400 for a laptop thats motherboard blew within 9 months of getting it and never worked as specified from day one.

MrsTinks

Sorry but Lilac is right The fact the goods were faulty is not the responcibility of the finance company. It's a shame that Tiny went bust but it's no different than if you had taken the credit our yourself through the bank to buy the laptop.

So anyway - that's one issue. The second issue is that they are asking you to pay the debt (after you lied and said it wasn't you)... you need to handle this NOW. If this does go to court and they apply for a CCJ and provide that proof it ain't looking good for you!

Contact one of the debt charities in my sig and get it sorted - or if you have some money then make them a Full & Final offer.

Broken_hearted

I can sympathsize as some companies are very bad at taking back faulty goods but unless you have a lot of proof and are prepared for a major fight, which you may lose. I don't see any option other than paying.

makaveli223

If they've offered me the chance to pay £860 odd off in monthly instalments, what do you guys reckon they would accept a month? £50? I'm not exactly flush at the moment. Want to know what to expect for the phone battle. When they were contacting me at the start they wouldn't accept £50 a month.

makaveli223

Can anyone help?

MrsTinks

Personally I wouldn't start into a phone battle with them but send them a letter proposing your repayment plan and asking them to send confirmation that they accept the amount and terms etc and include a cheque for £50 for your first months payment

davek1

whoa

before you do any of this write them the standard letter asking them to prove the debt. Enclose a £1 and do not sign the letter. ( not unknown for them to use that signature later) Ask them to provide you with a copy of consumer credit act agreement, which they must do by law whether they are the original creditor or not.

No credit agreement means they can't prove the debt and therefore the debt becomes unenforceable at law. They will still ask you to pay but you are not under a legal obligation to do so. Also tell them you dispute the debt and ask them for a breakdown of costs etc. You may be able to challenge any charges etc applied to the account.

If you need a copy of the letter then let me know.

Dave