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  1. Hello Forum, Well I had heard so much about this forum that it seens the best place to post my question and hopefully seek the help that I need (if any solutions exist) to the problems I am faced with Shop Direct & CapQuesr. In a nutshell, my wife took over her mothers Kay account and was ordering items to be delivered to her mothers address with her complete consent and was paying back the minimum payments as per Kays monthly direct debits. We had some financial problems and my wife ending up not paying the monthly direct debits and the account fell further and further into arrears until finally its been told to Capquest. Now Capquest has written to my wifes mother with their standard letter saying that they may instruct baliffs, force her to sell her house and so one unless a payment plan is arranged. They are asking for the full amount owing plus all the interest that we would have paid should the items we purchased be paid over the maximum amount of time. The goods she had totalled just under £1600 yet Capquest are asking for £4189.70 now. I am most definately not disputing that she needs to pay the £1600 however what about the interest and is a correct way to proceed with then ? also whats the best method of communication with CapQuest? Sorry to ask so many questions but this is something that is causing friction between me and the wife and she knows she screwed up but has left it to me to try and solve as apposed to buying her head in the sand... Any help or advise would be great. Cheers
  2. Hi there, I’ve been reading these forums for some time now, and find them extremely helpful and informative . I have a long-standing loan for a substantial amount (student loan: over 30k including interest and counting) with Natwest. They’ve recently passed it on to Capquest, who have been inordinately unhelpful and obdurate to say the least. (Listening is not one of their strong points evidently.) I’ve sent the CCA request already, as well as deed of assignment request. The CCA came back already as requested, and the deed of assignment was not provided as they say they are acting on behalf of NatWest. I’ve offered Natwest token payments; offered a full and final settlement amount; and have made clear to them that I am in no position to repay such a vast amount, as I am unemployed. Moreover, Natwest refuse to freeze the interest charges, so the amount just keeps snowballing further. I’m not sure quite what to do at this point, except that I would like to have the matter passed back to Natwest, as CQ are very unreasonable and have already harassed me several times with nuisance calls and doorstep visit threats. Would it be best at this point to: • Offer token payments to Natwest again? • Offer a full and final settlement to Natwest again? • Actively petition for my own bankruptcy? (I am reluctant to do this, as I am afraid it may affect my career chances in the future). Any and all advice would be much appreciated. Cheers.
  3. Can anyone help please or provide me with the contact details of someone who can? This all goes back to November 2008 when my wife's mobile phone contract was due for renewal with Vodafone and she thought she might as well call them up and get a better deal for being loyal with them, unfortunately it didn't work out quite the way she thought it would and now needs help to defend herself with what seems to be a trivial case of being mis-sold a mobile phone contract. She was told she would be charged £15 a month on an 18 month contract but when her bill came through she was being charged £35 and was put on a 24 month contract. No evidence has ever been provided by Vodafone despite numerous requests and my wife ended up cancelling her direct debit but was given a default notice in August 2009. A company called Capquest bought the debt and has now made a claim in the county court and so she needs to defend herself, read on for the full story. In November 2008 my wife rang up Vodafone to get a better deal as her contract had expired. She was offered a new mobile phone on the same package she was currently on as long as she agreed to an 18 month contract, which she accepted. She called back later on to check something and was told that no upgrade had been taken and so it was all done again. Now my wife thought this was a little strange so asked for everything to be confirmed over the phone before she hung up and once she was happy she ended the call. Now the mobile phone was received the next day, as promised, but at the end of the month she received a bill that was for double the monthly charge to what she had agreed. She got on the phone to Vodafone straight away to complain and was told that if she could return the phone unused then they would cancel the new agreement. As the new phone was still sitting in the box it had been posted to her in, she accepted their offer and the person on the phone arranged for a courier to collect it. A day before the collection date my wife had to call them again to reschedule the collection date, but instead of rescheduling the advisor told her that no collection had been booked and that as it was almost a month since she had received the phone it was impossible for her to cancel her new contract and she would have to pay the monthly charge as accepted by her. She then explained how she hadn’t accepted this new contract they kept mentioning and she hadn’t even been sent a copy of this new agreement, but it made no difference and the advisor refused to listen. Over the next week or so, my wife called Vodafone several times spending hours on the phone at a time explaining the situation and mentioning how she didn’t agree to the new contract again and again to but she found none of the people she spoke to seemed to understand English and just kept saying tough luck or kept passing her to someone else. Now in December 2008 my wife had a miscarriage, the stress Vodafone had caused obviously didn’t help, so she asked me to call them and deal with the matter while she recovered. When I called I found at first that they wouldn’t even let me speak to anyone about the account despite me having her details and account PIN until my wife gave them the authorisation and even after she did I found I was having exactly the same problems. As a side note my wife kept all her documents filed so it was quite easy for me to go through it all and this is where I noticed that despite having a text message allowance every month, she had actually been charged for text messages every month for the previous 12 months so Vodafone had been ripping her off for a while. In January 2009 my wife wrote a letter to Vodafone detailing her problem and basically saying that despite spending so much time on the phone the matter was unresolved and she requested that unless they could provide proof that she had entered in to an agreement with Vodafone that she wished to close the account and they could collect their unused phone as well. An advisor then wrote back accepting Vodafone should have dealt with the matter better but as a contract was agreed to in JANUARY 2009, she had to stay with them for the 24 MONTH period she had agreed to, although they would offer her a discount for a ten month period, and could not find any record of Vodafone billing her for texts. No copy of any agreement was attached either and now the date of the start of the contract as well as the length of the contract had changed too, great she thought. She then called back asking to speak to the advisor who had written to her as he seemed very confused, but she was told no such person worked for Vodafone. She then spoke to several other people who seemed very intellectually challenged and after several hours passed the phone to me. I then spoke to a manager who seemed to have at least more than one brain cell and helpful too. She went through it all with me and couldn’t believe the response that had been sent to my wife, but rather than dealing with it over the phone she promised to call back within 48 hours. Unsurprisingly that didn’t happen and despite my wife cancelling her direct debit and both of us making even more calls, Vodafone didn’t seem interested in getting this resolved nor could provide us with any proof that a contract had been accepted. Then in August 2009 Vodafone sent my wife a default notice through the post, but were still unwilling to discuss anything other than how she was going to pay. We went to trading standards, consumer direct and even OTHELLO, the mobile phone regulator, but they said as it had been longer than 8 months since the start of the dispute they could not help, and the others were completely useless too. After that my wife has had bailiffs calling her every day, harassing her and threatening her with court action, repossession of personal assets and extra penalty charges. Now each time she’s told them to take it to court as she doesn’t owe a penny and after a while she refused to answer the calls. Fast forward to November 2010 and a company called Capquest seem to have bought the debt and have decided to make a County court claim against her for £299.99 on the 15th. The original amount owed was £639.29 and it went up after that but now they’ve somehow worked it out to be that plus £65 for court and solicitor costs, when I call them they don’t want to explain why they want that amount either. So can anyone help? My wife wants to defend herself and just put down for her defence what’s been said above really as it’s so clear who’s in the wrong and we can’t really afford to get a solicitor to defend her properly with one young child and another on the way. I however don’t care if I have to beg and borrow to pay for a solicitor and want to fight this properly just out of principle, this is a classic case of a large corporate company trying to bully an individual and I’m not giving in. Thanks for reading.
  4. Hi I'm quite new to his forum so any help would be greatly appreciated. I had an egg CC which I defaulted on ( usual reasons; student with no money and even less common sense!). This was passed to capquest. As far as I am aware I haven't paid anything to them or acnowledged the debt since I defaulted. This was over 6 years ago as the details were removed from my credit file last year. I recently recieved a CCJ at my old address (which I still own) about 3 months ago which was forwarded to my current address last week. I have missed the 28 days to dispute the amount and judgement was entered against me on the 22nd October. I have spoken to the county court dealing with it today and was told there is a charge on my property and that I should file a N244 to have it set aside on the grounds that I never had any time to contest the debt. Do I still send the DCA a CCA request? Where do I go from here? Any help please as this is really getting me down.
  5. Hi there, First time post, i have searched the forums and although i have found similar threads there is nothing that quite suits my situation. Apologies if i have missed a thread. My situation is that my parents have received a county court claim form from Capquest regarding a debt from an RBS credit card that I had 10 years ago. I initially had forgotton completely about it but having looked through my records I have found that I made a payment to a different debt collector (Wescott) in Oct 2005. This must be the debt they are talking about. It is around £350. Having read through the forums I believe that not enough time has gone by for the debt to be written off due to the limitation act in England. As the last payment I made was in Oct 05 i understand that it could possibly be written off due to the Prescription and Limitation (Scotland) Act 1973. I have spent most of my time living in Scotland apart from a year and a half in England in 2005/2006. However, and here comes the bit that has me a bit stumped, I moved to China in Aug 2008. My father scanned me the claim form and as they had been on holiday i only had a day to make up my mind what to do, i have submitted an AOS online saying i am disputing all, i hope that was the right thing to do but I thought as it was nearly 14 days i needed to do something quickly. I spoke to a representative of Capquest and they said I should just pay up but couldn't actually give me the details of the original debt! I also spoke to RBS who have no record either. My questions are : 1. As i am living in China, is there anything they can actually do? If not how do i make sure that a CCJ is not recorded on my credit record? 2. Am i able to write of the debt as it is over 5 years and i had been living in Scotland before i moved to China? 3. Do i need to speak to the court regarding my situation as i got the distinct impression from our phone call that Capquest just want the money? If anyone could help me or point me in the right direction I would be very grateful, if there is another thread which has the answers apologies again. Thank you!! G
  6. hey guys , what it is i have few debts which has 2-3 years left till statue barred as they become 5 years without payment (i live in scotland). is worth me paying them small payment every month or just ignore the threats of the debtcollector's and so called solicitor's letters .they are all under £700 being most only between £200-£500 as i cant pay them in full and trying to support myself partner and 2 dogs on £1200 wage every (security job doing abt 60 hours a week) but it seem few i havent heard from a while is now demanding plus adding interest ? especially capquest who bought my barclaycard student visa from 2005 but defaulted in october 2008 abt £520 they are threathing me with court for ccj as they said they did a credit check found out i havent got any ccj yet trying to get me to pay up.i heard somewhere they might not be able to enforce the agreement due to it was signed in 2005 if they have it ? but something todo with an 2007 act etc on credit card agreement any enlighting would help cheers
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