Hi yes i believe only £55 is owed techncially as the default registered was for only £1315 and i have paid £1260. So dont see how they can justify the other amount added. Any suggestions? or can they legally added to the defaulted amount?

Dx I guess i've got to send the letter regards to the calls to stop them and any further corrospodence in writing. But then i know they will write back demanding the amount owed they claim to be £1719 (which they have added interest or charges onto which has inflated the amount by 30% of the default amount). I want to put the matter to bed but am looking for guidance on the best way of closing this but taking in to effect that i have paid 1260 of the £1315 the origional registered default amount, i would be happy to pay them as full and final payment. I'm just not exactly sure how to approach this? Or even if I should, which i think is what you are saying. Just want to get them off my back as i have rebuilt my credit score. Im just not prepared to pay any more than the £1315 and for the sake of £45 I would like to close and settle the matter for once and for all. Even if i have to pay that but not a penny more!!!

when i was paying capquest the amount owed on the CRA's did show as falling!!

thanks for replying so quickly dx1000uk. Can a dca add interest to the account? And at what rate? Should i send the letter regards to the telpehone calls? Thanks

Thanks

Hi Everybody I am hoping to get some advise urgently and the right way to proceed. I had a defaulted bank account with RBS after becoming unemployed and I was unable to get out of the circle of charges after charges to the account and the account defaulted in March 2005. I dont have statements but the default fell off my credit files in March 2011 and but the registered sum of the default was £1315 and the account was never CCJ'd. I would say I was overdrawn to about £500-600 at the time and the bank charges to the account were approx £700-800 with a default of £1315 being registered with all the CRA's. I dont remember hearing anything until around Dec 2007 again until Capquest wrote to me to inform me that they had purchased the debt from RBS. And I owed a sum of £1719 suddenly After avoiding them for the best part of 9 mths, they sent me a statutory demand and I panicked and I called them and agreed to pay £120 per mth (stupid i know)! After paying this for the best part of a 11mth period I have caluclated i had paid Capquest £1260 towards the registered default of £1315. After nearing the amount i queried with them real amount owed before i carried on making any further payments as the default was from £1315 but they never sent me any breakdowns of how they had added on £459 to the the registered default amount. I made my final payment in May 2009 and as stated have paid them £1260 to date. I've had the odd occasional letter from them since but in feb 2012 i got letter from past due credits chasing the debt on their behalf and checked my credit files and past due had done a trace search on me! But on Monday i got a telephone call from them at my place of work!! Was shocked and angry. So I know i need to deal with this now and are going to send the 2 following letter below regards to calling me but i want to know the following please if someone can help: 1) Can they add interest to te defaulted amount? As stated default amount was £1315 and I have paid to date £1260 (last pyt in May 09). So i think owe them no more that £45 and considering £700-800 was of bank charges! 2) How can they legally justify adding £459 worth of interest to the defaulted amount? 3) How do I put the account into dispute to established the true amount owed. I know a CCA wont work due to it being a Bank Overdraft. I have a copy of my Credit Files showing the default amount being registered by them for £1315. Letters below for the phone calls im going to send tommorrow but like to send another letter as well for the amount owed. So i hoping someone can advise please. Thanks in advanced FORMAL COMPLAINT - HARASSMENT BYTELEPHONE. Dear Sir’s I am writing in relation to a telephone call which I have received from yourcompany on the 15th October 2012 at my place of work, my mobilephone and my parent’s home as well. Which I deem to be personally harassing tome. I called your number back on the 15th October after a initial call awork colleague of mine had taken from you at my place of work! And I spoke to amember of your staff called Benny. At the start of the call I advised themember of staff that the call was being recorded by myself and I had verballyrequested that no further calls were to be made to my place of work or to anyof other numbers you had for me on your files. I requested they were immediatelyremoved from your records and any further communication to be done by writtencommunication, which Benny your employer had advised they would be. Unfortunately as your company havefailed to adhere to this and with further calls having taken place to my mobilephone as well as my parents home on the 17th October 2012. Numbers,which I have also requested to be removed whilst speaking to Benny. I now require any and all furthercorrespondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you inbreach of The Consumer Protection from Unfair Trading Regulations 2008, and theProtection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of theCommunications Act (2003) s.127 and I will report you to OFCOM, TradingStandards and The Office of Fair Trading, meaning that you will be liable to asubstantial fine. Please treat this also as a formal complaint under the procedures set out bythe Financial Ombudsman (FOS). As such, you are required to send me a copy ofyour company complaints procedure. Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls whenrequested not to do so. Be advised that any further telephone calls from your company will be recorded. Yours faithfully, FAO: Data Controller of (creditor/DCA) - Section 10 notice underthe Data Protection Act 1998 I withdraw my consent (under s.10 of the DPA) for you to process mypersonal data with respect to my personal or work telephone numbers registeredwith you or stored on your systems/records. The processing and use of these numbers is causing significant distress. Advice from The Consumer Credit Counselling Service and the InformationCommissioner indicates that your retention of contact details in the form of acorrespondence address is sufficient to fulfil contractual obligations. This request supersedes any contractual provision that you may claim exists,and any attempt to claim otherwise will not be accepted or tolerated. Under the DPA you have 21 days to respond to this request, and 28days to cease processing and/or remove the data from your systems. Futureuse of my telephone number will be recorded and will indicate a breach of myrequest under the DPA, this will result in a complaint being raised withthe Information Commissioner. You will be deemed to have been served notice of my request and I will deem itserved by 20th Oct “, I am advising you that any calls receivedafter this date will be recorded with the intention of them being used as evidence. Yours faithfully,

dx100uk thanks for the prompt response to my reply. This was a bank account overrdraft which was defaulted back in march 05. Which was overdrawn to the sum of about £400 but defaulted on my credit file at £1315, with £915 being bank penalty charges. As i said i ended up paying back capquest around £1210 and questioned the amount owed as the default amount on my credit file was £1315 and the were after £1750! Any advice please on the outstanding debt search only on my equifax credit file. Should i write to them again and if so what? Will this not affect my credit rating as equifax state?!

Right just received another letter today from past due The letter is basically headed as reduced settlement offer. Amount Owed: £459 and as gesture of goodwill capquest have authorised them to reduce the amount to £229 and if i pay this in full i will have nothing more to pay. Goes on to say this is limited time offer and if i dont they will continue to press to recover the full amount. Now i dont believe i owe them anymore but to get rid of them and capquest for once and for all i am thinking maybe i should accept the offer on the condition they 1st remove the search from my equifax credit file for oustanding debt. Though Equifax assure me this doesn't affect my credit file and other lenders can't see it!! Can anyone tell me why a search for outstanding debt is done in the 1st place? Any suggestions or advise as to what i should do next would be most welcome. Thanks

Have had this response from Equifax today: Thank you for getting in touch. 'Outstanding debt' searches displayed in the 'Table 1' section of a Credit Report will have been carried out as part of a debtor tracing procedure by the creditor or their appointed agent. These searches aren't visible to any lender performing a credit application enquiry or to any other creditor tracing a debtor or collecting overdue debt. This information remains on your credit report for 2 years from the search date. For further information on the search you should contact the company that carried out this search. Pastdue Credit Solutions Ltd Phone: 0844 811 3701 You’ll find more information about your credit report at: http://www.equifax.co.uk/help. If you have a question, you should find the answer in our FAQ section. If not, you can send us an online query, and attach your documents to it – no need to worry about them getting lost or delayed in the post. I hope you find this useful. If there’s anything else we can do for you, please let us know. Kind regards Equifax Customer Services Any suggestions?

follow the advise given. check your credit files ASAP.

Ok thanks for the advice dx100uk and BRIGADIER2JCS. I've sent that letter today so we'll see what i get back from them! A bit concerned about the search they've made on my credit file and it getting it removed. I would consider paying off the debt to finally get rid of it for once and for all. Maybe negotiate the amount due down and insist on the removal of the search. Which I think was done maliciously. What do you think? And good luck with yours too Darkstorm1308

gonna send this letter Dear Sir/Madam You have contacted me regarding the account with the above Case number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to Past Due Credit Solutions or the client you claim to be representing Capquest. I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I have also asked checked my credit report with Equifax yesterday and found that your company Past Due Credit Solutions have made a credit search against my credit file for an outstanding debt on the 03/02/2012. I find this most alarming as I have not authorized your company to carry out such a search, the matter is made far more serious by the fact that these searches are regarding outstanding debt and listed under searches made with regards to Credit Applications. From my research into Past Due Credit Solutions, you do not offer any credit facilities and as such this search is clearly inappropriate and a misuse of credit searching as well as being in breach of the Data Protection Act. I ask this search is removed from Credit Files with immediate effect as this is a blatant misuse of Credit Searching. I shall seek to recover compensation from both Past Due Credit and Equifax, using the county court if necessary, this will increase the compensation claimed and incur costs as you are obviously aware these searches have seriously damaged my ability to gain credit. I believe you have done this in a malicious manner. I have contacted Equifax today and asked them to investigate the matter and await their reply. I have also requested my credit files from the other 2 credit reference agencies Experian and Callcredit to see whether if your company has made any further searches. I await your written confirmation that this matter is now closed and the unauthorized credit search you have undertaken is to be removed with immediate effect. Otherwise I will have no option but to make a complaint to Trading Standards, inform the Office of Fair Trading of your actions and issue court proceeding regards to the unauthorized search on my credit file if necessary. I look forward to your reply. Yours faithfully Any thoughts please?

Hi all I too have received a letter from these cretins as well. I received the formal demand letter from Past Due Credit on behalf of their client Capquest, dated 6th Feb and giving me until the 13th Feb to pay £459 debt owed but today I received a Notice of Impending Action letter from them. Letter says as i have not paid off an outstanding debt of £459 off and that they may recommend Cap Quest to issue a claim against me in court. What should I do? Basically this was an old bank acc with RBS which was defaulted in March 2005 and this fell off my credit file in March 2011. Capquest had bought the debt from RBS and began chasing me for the debt in early 2008 claiming i owed them £1800 but the default issued on credit file by RBS showed £1315!! They then sent me a Statutory Demand Letter (which scared me) at the time and i started to repay the debt but i disputed with them all the time the amount owed was incorrect. In the end i managed to repay Capquest £1210 over about a year and as I was approaching the £1315, i told them i would not continue making any further payments until they provided proof of the true amount owed which they never did. This was in March 2009 with my final payment to them as well. Basically i received a couple of letters from them in late 2009 but never responded. I've also checked my Credit Report today which i check regularly and is clean with and no adverse credit on there but Past Due Credit Solutions have entered a Credit Search in Table1 for a outstanding debt search showing on 03/02/2012. Really angry What should i do? Can they still register a CCJ against me? I presume the search they have entered will affect my credit rating? Please someone can you point me in the right direction. Thanks

Emailed cap 1 last week in regards to accepting their offer of the money and discontinuing the claim, provided we both picked up our own costs. They sent me a cheque, which i received today in the post and tomlin report to sign. I've attached the tomlin report, can you please take a look and let me know if I'm alright to sign this? Looks ok and has the text for 'No Costs'.tomlin report.pdf Thanks for the all the help and guidance

i am out my depth here now and really need to some guidance now. What should my next course of action be? Obviously i don't want to be getting battered by costs is their anyway i can continue or should now take the money and discontinue!! From the advise I've received that is what it seems! Hopefully some can advise different.