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  • FIRST POST
    • littledi
    • By littledi 3rd Oct 17, 6:42 PM
    • 8Posts
    • 2Thanks
    littledi
    capquest help
    • #1
    • 3rd Oct 17, 6:42 PM
    capquest help 3rd Oct 17 at 6:42 PM
    Hi, I'm a new member and not sure if I'm posting in the right place,apologies if I'm doing this wrong.
    I need help to approach Capquest for charges I had added to a debt they bought from RBS. In one month alone they charged me £600 ,they said it was charges they were allowed to add. I had made the big mistake of telling them I suffered severe mental health issues,and didn't understand what was happening. They also told me they noticed from my expenditures,that I had a car,they told me sell my car,use a bus and pay them the money I get for my car! This debt has now been paid off,but reading through some threads on here,I wonder if I could try to reclaim any charges?
Page 1
    • zx81
    • By zx81 3rd Oct 17, 6:44 PM
    • 17,273 Posts
    • 18,377 Thanks
    zx81
    • #2
    • 3rd Oct 17, 6:44 PM
    • #2
    • 3rd Oct 17, 6:44 PM
    What charges did they add?
  • National Debtline
    • #3
    • 4th Oct 17, 10:31 AM
    • #3
    • 4th Oct 17, 10:31 AM
    Hi littledi

    Welcome to the forum. You will need to know what the charges were, to know if you can dispute them. A debt collection agency (DCA) can only add these in line with the terms and conditions of the original agreement.

    You can ask the DCA for a copy of your agreement and a statement of the account. If they do not provide these make a subject access request under the Data Protection Act. They may charge you a £10 fee for doing this. You can find a sample letter here https://www.nationaldebtline.org/EW/sampleletters/Pages/Personal-information-under-the-Data-Protection-Act-%28sole-name%29.aspx.

    Do let us know when you have the information, or you may want to contact one of the free debt advice agencies directly for advice. Good luck with it.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • littledi
    • By littledi 4th Oct 17, 10:03 PM
    • 8 Posts
    • 2 Thanks
    littledi
    • #4
    • 4th Oct 17, 10:03 PM
    • #4
    • 4th Oct 17, 10:03 PM
    Hi,they said the charges where administrative charges.
    Thankyou for your reply.
  • National Debtline
    • #5
    • 5th Oct 17, 12:24 PM
    • #5
    • 5th Oct 17, 12:24 PM


    Hi again littledi


    Adding £600 of fees in one month certainly doesnít sound right, but I would still advise trying to get a copy of the agreement and a statement of the account if you can.


    You can make a formal complaint to Capquest about the fees. If you are not happy with their response you have the option to take your complaint to the Financial Ombudsman Service (FOS). They are an independent organisation who deal with complaints about creditors and debt collection agencies.


    Capquest should not have put pressure on you to sell your car so you may wish to complain about that as well. The Financial Conduct Authorityís guidance states:



    7.3.10 A firm must not pressurise a customer:


    (3) to raise funds to repay the debt by selling their property, borrowing
    money or increasing existing borrowing.



    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • sourcrates
    • By sourcrates 5th Oct 17, 1:43 PM
    • 14,336 Posts
    • 13,533 Thanks
    sourcrates
    • #6
    • 5th Oct 17, 1:43 PM
    • #6
    • 5th Oct 17, 1:43 PM
    Most consumer credit act debts do not allow 3rd parties to add charges to accounts, unless the original agreement allows them to do so.

    Never take the word of a debt collector.

    You need to now do a SAR (subject access request) get a copy of the agreement and study it carefully.

    If charges were added maliciously you can claim them back.

    Unfortunately Capquest are an olde school debt collector the FCA has yet to catch up with.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • littledi
    • By littledi 20th Oct 17, 1:14 PM
    • 8 Posts
    • 2 Thanks
    littledi
    • #7
    • 20th Oct 17, 1:14 PM
    Capquest help
    • #7
    • 20th Oct 17, 1:14 PM
    Susie,how do I message you? I don't know how to message on this site!
    • sourcrates
    • By sourcrates 20th Oct 17, 2:45 PM
    • 14,336 Posts
    • 13,533 Thanks
    sourcrates
    • #8
    • 20th Oct 17, 2:45 PM
    • #8
    • 20th Oct 17, 2:45 PM
    Susie,how do I message you? I don't know how to message on this site!
    Originally posted by littledi
    Hi,

    You cant message National Debtline on here unfortunately, you can always contact them through there website.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • littledi
    • By littledi 12th Jan 18, 7:43 PM
    • 8 Posts
    • 2 Thanks
    littledi
    • #9
    • 12th Jan 18, 7:43 PM
    Capquest!!
    • #9
    • 12th Jan 18, 7:43 PM
    Hi Suzy, I got a reply from Capquest. They said they have contacted the company they purchased the debt from in Oct 2006. They say they are unable to provide a copy of the agreement as I requested.
    The amount they say I owe is £1921.86. The default date was 2005.Capquest have said they have added £574.51 interest charges. Capquest say that I made a payment to an external company of solicitors,acting on their instructions in April 2012. I have no knowledge of the solicitor,Drydens,and Capquest have no contact details for them,and no details of the payment and how it was made!
    Do you have any advice on what I can do next please?
    • sourcrates
    • By sourcrates 12th Jan 18, 7:49 PM
    • 14,336 Posts
    • 13,533 Thanks
    sourcrates
    Hi,

    No agreement means they cannot enforce there rights through the courts, so basically they can shout all they like, but can!!!8217;t do anything about it.

    You can walk away and ignore them if you wish.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • littledi
    • By littledi 12th Jan 18, 8:09 PM
    • 8 Posts
    • 2 Thanks
    littledi
    Really? I'm worried sick that they will start harassing me again!
    • sourcrates
    • By sourcrates 12th Jan 18, 8:17 PM
    • 14,336 Posts
    • 13,533 Thanks
    sourcrates
    Really? I'm worried sick that they will start harassing me again!
    Originally posted by littledi
    Right, this is how debt collection works, when you take out most forms of credit, you sign a credit agreement yes, the agreement is proof that the transaction, ie, the loan, credit card or whatever, actually happened, it!!!8217;s evidence.

    Fast forward to the debt collector stage, creditors, debt collectors, have to provide evidence of liability when asked to do so, usually in the form of that credit agreement, if they can!!!8217;t produce a copy, or a reconstituted copy of that agreement, they cannot obtain judgement against you in court, it!!!8217;s as simple as that.

    The copy agreement is evidence of your liability, without it, they can do absolutely nothing.
    They may shout and scream pay us, pay us, but they can!!!8217;t do anything to make you pay.

    What type of debt was it originally ?
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • littledi
    • By littledi 12th Jan 18, 8:33 PM
    • 8 Posts
    • 2 Thanks
    littledi
    Thankyou for explaining that. It was originally catalogue account.
    • sourcrates
    • By sourcrates 12th Jan 18, 8:35 PM
    • 14,336 Posts
    • 13,533 Thanks
    sourcrates
    Thankyou for explaining that. It was originally catalogue account.
    Originally posted by littledi
    Would you like me to format you a letter to send to them ?
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • littledi
    • By littledi 12th Jan 18, 8:43 PM
    • 8 Posts
    • 2 Thanks
    littledi
    Yes please if you don't mind, I would very much appreciate that. Idon't want to be a nuisance!
    • sourcrates
    • By sourcrates 12th Jan 18, 8:47 PM
    • 14,336 Posts
    • 13,533 Thanks
    sourcrates
    Yes please if you don't mind, I would very much appreciate that. Idon't want to be a nuisance!
    Originally posted by littledi
    Itís no problem, I have your email, I will draft a letter in the morning and send it to you ok, donít let the situation bother you too much.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • littledi
    • By littledi 12th Jan 18, 8:49 PM
    • 8 Posts
    • 2 Thanks
    littledi
    Thankyou so much.
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