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  1. Hello All, Name of Claimant: Capquest Investments Limited Date of issue – 03 February 2015 Acknowledge By – 21 February Defence – 07 March - yes file by 4pm (Are my dates correct?)^^ What is the claim for – the reason they have issued the claim? The claim is for the sum of £8600 in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Banking Group under account xxxx Upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Lloyd Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors What is the value of the claim? £9100 including costs Is the claim for a current account (overdraft ) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 23/10/2013 Did you receive a Default Notice from the original creditor? 20 November 2008 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulty What was the date of your last payment? October 2008 Was there a dispute with the original creditor that remains unresolved? No other than excessive overdraft charges Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I sent a CPR31.14 request to DrydenFairfax on 11 February 2015 Recorded Delivery I have disputed the claim and logged my intention on the Court Website 11-02-15 I had an Overdraft facility with Lloyds bank in 2006. Due to changes in my circumstances my borrowing began to spiral and the charges compounded the problem until it became unmanageable. I changed banking providers in order to get back on my feet. Although a number of DCA's sent letters and calls I always asked for CCA's which they could never seem to provide and they would disappear. However I have now been contacted by Drydenfairfax 16 January 2015 and a Summons followed which I received 06 February 2015. I do feel the charges were excessive and that is why I elected to defend the claim. I would just like some advice as what my next steps should be.
  2. Hi, Years ago i got into quite a bit of debt (7-8 years ago), i have been slowly paying it back and now have a spotless credit history etc ... however recently i applied for a mortgage which was fine. However during sale of our property it transpires that there is a charging order registered against it due a CCJ from 2007. The CCJ was registered by Capquest , who have NEVER been in contact in over six years and neither have i entered into any payment arrangement with them. I did have another debt with them that I mistakenly thought was this CCJ and have settled this in the past year. Now after talking to them they have sent me a letter saying that i need to pay around 7K to settle this debt, they have also written to my solicitors telling them that i need to pay around 11.5K and that they will be charging interest, i am assuming the additional amount is interest for 6 years. First of all I believe i paid off this debt years ago and Capquest can provide no proof of the debt or reference numbers, however given the above it is likely i owe this money as my recording keep at the time was very poor (grown up a lot since then !). I need to deal with the 11.5K vs the 7K issue and looking for advice in terms of the best way of approaching this and if anybody else has been in a similar position.
  3. Just as I thought we were getting on top of things notice of an Interim Charging Order arrived followed shortly by a notice from the Land Registry. It appears Mrs Spoon has been struggling (on her own) with nearly £18,000 of store and credit card debt and is now quite unwell. It is only because we have a joint mortgage that I became aware of the tip of the iceberg - now the rest has become clear. There are two CCJs (by default) against her and Restons have secured the interim charging order. I understand that this can only be a restriction as long as I don't agree. We don't intend to sell the house so what does that mean to us and to to Restons (John Lewis)? I'm wading through the paperwork, and need to contact all the account holders to make arrangements to pay. My questions are: 1) Is there any benefit to trying stop the charging order/restriction at the court hearing in January? Is there any benefit to making an offer to start payments? I'm not anticipating any seasonal charity from Restons, just a reason for them to stop. 2) Now I've collated the debt I am thinking that we assess what we can afford to pay back monthly, and propose a proportionate repayment by ratio according to the amount owed. Is that the way forward? 3) Obviously I'm going to help financially, but by getting involved am I going to become vicariously liable for these debts? 4) How should the approach be made to the creditors - is there a form of words? Thank you so much for your consideration. Mr Spoon
  4. Hi all, Some background before my question... I live overseas and have been paying off very old debts by way of F&F payments for the past few months. I am left with two small HSBC debts and a Capquest one which was originally a loan from a bank. Capquest have purchased this debt. My credit file is blank as the defaults all dropped off many years ago. I've been making token payments for the last 8 or 9 years but have recently stopped. I'm just wondering what the typical collection pattern is for Capquest? I'll start receiving their threat letters soon so I want to know what to expect from them. Do they tend to sell the debts on after a certain amount of letter attempts? I will be paying it off at some point, to avoid any future troubles if I ever move to the UK again, but a F&F is not possible in its current state as it's around the 10k mark... I'm assuming that each time it is sold on to a new DCA, the F&F amount they will accept will get less and less. Many thanks in advance.
  5. Have there been any recent changes in what cca request we send ie Credit card cca and loan cca? Mr W
  6. Hi i have had an ongoing dispute with halifax since 2009 passed to various dca, they issued a faulty default notice in june 2009 and cancelled the agreement in september 2009, at which point I sent a letter that they had unlawfully rescinded the agreement. I have only ever received the application form as proof of my agreement and they have sent term and conditions with name and address on, the account has now been assigned to capquest for collection. I have attached the application and the last letter received by Halifax simply stating theyv'e done enough to prove under the s78 and if I have further complaint to go to financial ombudsman service with my complaint. Any feedback would be helpful as I am now feeling a bit out of my league and not sure what to do confused49
  7. Hi, i have received a letter from capquest to which i promptly sent back a CCA letter. Here is there response: http://x-centric.net/capquest1.jpg capquest letter http://x-centric.net/capquest2.jpg egg card agreement front back of egg card agreement shows my signature and date correct ( forgot to scan back ) what would be my next step? should i now send a Subject Access Request along with £10? Many Thanks for all your help Nigel
  8. Hi, I am trying to finally sort my debt out after years of paying StepChange. My vanquis debt went to CAPQUEST. I sent cca request but all I got back was my electronic application and terms and conditions. I read through this site and saw someone else had same problem I then sent a letter to them saying they have not supplied what I asked. Etc etc and sent the t&c's back. I used the letter that was on here Then today, 2 weeks later they just send me the same stuff again. What is my next step Thanks
  9. Hello all, I have just noticed on my Experian file that Lloyds Assigned an alleged debt to CAIS member Capquest, circa August 2013. 1)Lloyds have still got the original info on Experian. 2) Capquest have the same alleged info also on Experian. 3) They both have the same acc start date and the same default date. My question is are they "both"allowed to have the same alleged debt displayed on Experian cra files? As usual all advice/info will be gratefully received. "EXEMPLO DUCEMUS"
  10. Hope this is in the right place. Sorry if not. I'll try and make this brief. My business closed in the recession ( among many others I know) at the end of 07 beginning of 08 I think, and I ended up with lots of debts I couldn't pay. Nearly 15k . Not heard from some for years but I keep getting contact about 2 ( 1 of those is Stat Barred for sure). The other 1 is a credit card from Capital 1 who sold to capquest. They have been writing to me constantly and I just ignored them. They sent a Statutory Demand in 09 which I also ignored as I wanted them to make me bankrupt. They keep writing even though I thought they were making me bankrupt and now I am getting letters from h l solicitors saying if I don't pay in a few days they may take me to court without further notice. I'm wary of sending for a credit report in case it alerts the other banks i owe. Help Please, Thanks
  11. Hi, I am tying to defend a court claim issued against my wife from capquest regarding and debt assigned to them from BOS. On 19/07/2013, BOS wrote to my wife to notify her that Bos has assigned the debts to crapquest. I have not heard from capquest until 03/06/2014 issuing a court claim while i am disputing a PPI case against Bos. Last year I had a SAR and I noticed that Bos charging more interest than the one I calculated using loan calculator under the same term, I believe that Bos added a premium insurance without my knowledge which they denied it. My question can I defend the claim of capquest using the defence that the a/c is still in dispute against the original creditor. POC: Monies due under regulated credit agreement no xxxxxxxxxxxxxx between Lloyds Banking Groups and the defendant the benefit of which was assigned to the claimant on 28/06/2013. The agreement terminated upon the defendant failure to comply with the term of the Agreement. Date of the claim 30/05/2014.
  12. Can I pose a question please? When being requested by a bank or DCA for an Income and Expediture form am I obliged to include the Income of my partner (not wife) even if the alleged debts were created prior to my meeting and subsequently living with this partner. Many thanks for any replies.
  13. Hi all. I have a Very account with a credit limit of £750. The balance is currently £294. I've only ever spent £200 on the card. I paid way more than the minimum every month until i had a dispute with them. I ordered a rug but didn't like it and sent it back. the money never got credited back to my account. They sent it to NDR. and then capquest. there's loads of late payment, administration fees and interest every month. Its now under my debt management plan with step change but i really think its wrong. I dont have all the statements and letters but have written to capquest and very with a SAR and a CCA request and am awaiting a response. Any help? x
  14. Hi. I had a current account opened with Lloyds TSB in Scotland in July 2006. It has been closed and made 'defaulted' in April 2009. According to my credit file report from Equifax, the debt has been sold to Capquest. I did ignore the correspondence from Capquest for a few years due to stress caused by loop of charges over charges I was torn in by Lloyds TSB. In July 2013 I received a letter from Debt Managers (Services) Ltd in Edinburgh for the recovery of this debt. As it felt to me getting too close to court action, I decided to start a payment plan. Since July 2013 I am making payments every month to Debt Managers (Services) Ltd. I intend to try and recover some of the charges included in this debt, because I think they were unfair (several wages in a raw were 'swallowed' by bank to clear just a part of the charges over charges, also giving me a kind of Agreed Overdraft to cover the rest of negative balance). My first question is: after I will receive a response to my SAR, to whom will I have to right a claim for charges repayment? will it be Lloyds Bank or Capquest? I am sure, I will have some more questions regarding to what charges I would try and claim to be repaid back. Thank You all kindly for replying to this!
  15. I've decided to tackle all my debts and get them paid. This one however, I refuse point blank to pay. I was on contract with T-Mob back in 2009. They convinced me to take up a new contract on the grounds that a new phone would solve the poor signal problem. They gave me a 4 week cool off period. The phone didn't resolve the signal issue and I returned the phone in Nov 2009, Special Delivery with a letter saying I quit. 2 years later I notice a strike on my credit rating for £400, for the contract. I've moved house in that time and no longer had the Special Delivery reciept. I still have the IMEI. I write several letters and they don't budge. I notice on the 3rd September that Capquest have taken a CCJ out against me at an old address. The court want £80 before they'll set aside the judgement and defend myself (Justice4cash.com?) nice to see the courts now use 0845 numbers too, justice4profit.com does that mean that the statute barred has been reset for another 6 years? How the hell do I defend myself?
  16. Yes ladies and gents, you read right above.... My short question to you all is, While this is a VERY Grey area, what are my rights of them passing on my info to a 3rd party I dont want to deal with...
  17. I am being chased by Capquest for a debt of £550 which came about due to bank charges with Natwest from 2006. Back then I had no income and was unable to pay the bank charges. Natwest closed my account in 2007 and I never heard any more about it until December 2011 when a demand letter arrived from Capquest. I ignored the letter because I had never borrowed any money from Natwest and therefore considered that I owed them nothing. Many more letters arrived threatening me with all sorts of terrible things but nothing happened. In Feb 2013 after 15 threatening letters from Capquest I obtained my credit reference agency credit report which showed the alledged debt and Capquest were the owners of the debt. I noticed there was a default date recorded of 23 May 2007. Therefore the alledged debt would become statute barred on May 23 2013. Sure enough at the end of May 2013 this default was removed from my credit report as I expected. Despite this, Capquest continued to send letters but offered a large reduction for prompt payment. I ignored them so they recently passed the debt onto CCS Collect who have sent me more demand letters. In their latest letter thay say if they don't hear from me they will pass the debt back to Capquest for further enforcement. Seems to me that these DCA's are barmy. I wonder why Natwest didn't take me to court back in 2006 and also why Capquest didn't take me to court before the statute barred date. Maybe because the alledged debt purely consisted of bank charges there would have been little chance of them obtaining a CCJ against me. I have recently considered sending the statute barred letter to the DCA to stop them bothering me. However, I find it quite amusing how they are happy to keep wasting money on paper, envelopes and postage charges chasing statute barred debt. By ignoring all their letters they must surely realise that they can't frighten me into paying, so why do they continue? I know they are legally entitled to chase statute barred debt but surely by now they would have realised they had bought a lemon. Well they say you can't educate pork.
  18. Hi all, Am attempting to assist a colleague and friend who is in a bit of a pickle with the above. It relates to a Sainsburys account they opened way back in 2003 and defaulted on in 04/2008. They referred to Blair Oliver and Scott who were CCA'd in early 2009 but failed to comply, (much later sent application form which was illegible and also later a copy of an agreement which was clearly a fake as had address details which were not current at the time of taking out the agreement but were at the time of request!) Sent various letters threatening immediate court action etc between 04/08 and 03/09 at which point account in dispute letter sent as no info recd by that point. Continued to send threatening letters and 05/09 they sent acc in dispute letter again. They ignored and continued to send threats etc. Acc in dispute sent again by recorded delivery and fax too 08/09 Continued with threats until 01/2010 when letter from Moorcroft appeared (no letter advising change of agent/DCA recd) Letter sent advising in dispute and default of CCA and then transferred to CapQuest. All of this correspondence came to their current address until CapQuest got involved who then started sending correspondence to an old address not valid since 2007 at least. Eventually letter came to light as they do have limited contact with persons at the old address and so they wrote to CapQuest pointing out the issues (CCA and in dispute, plus apparently false docs sent) In 07/10 08/10 and 09/10 CapQuest wrote several times to the current address confirming matter under investigation, on hold etc. Then in 07/2011 they sent a letter advising about to issue a stat demand to the OLD address again and then later that month issued a Stat demand to the old address though curiously with a court more local to the current address (attempt to get judgement by default?) As this didn't reach them until well after the period dictated it was too late to respond. Shortly after in 08/2011 HL legal wrote to say as they hadn't responded they will proceed with Stat demand again sent to the old address with a final payment demand to avoid such action. Then quiet until 10/2011 when it appears Scotcall took over and sent letters threatening a home visit, again to the old address until 03/2012. Quiet again until 11/2012 when Debt Managers Ltd to current address with req for payment, then 12/2012 from the same lot threatening doorstep visit. Nothing then until 06/2013 when CapQuest resurface sending letter to old address stating now referred to Past Due who then write to old address from 08/2013 to 10/2013 then current address from then on. in 12/2013 CapQuest write to old address again saying account returned by Past Due then nothing until 04/2014 when DrydensFairfax appear, again to the old address threatening all sorts, then again in 05/2014 to the old address, and finally a County Court Form appears again sent to the old address in 06/2014. Clearly all of those involved should know of the current address, CapQuest even wrote to them at the current address several times, but are now sending Court Docs, and previously have CapQuest sent a Stat Demand to the old address even after it is clear they knew this address was not current. To me it seems they are trying to get judgement by default by sending Court Docs to an old address they know is not valid having previously written to the individual's current address several times. There is also the question of the seemingly abandoned Stat Demand, also sent to an old address, plus the clearly spurious agreement sent in an attempt to satisfy the CCA request back in 2010/11. Payments may have still been made via CCCS until 2009 so may not be stat barred yet I believe. Am awaiting more info from my colleague on this to see when this stopped. So how best to defend this for them ? Advice gratefully received, am currently thinking that I go with CCA request not complied with, attempting to obtain judgement by default, abuse of process re Stat demand and so on? Help ! (They have another issue which I'll cover in a separate post re Marlins and duplicating defaults too, I suspect more will come to light too, a friend in need is a ......... complet as appropriate lol)
  19. Hello All, I sent Capquest a "Stat Barred Letter" circa Sep 2013 re an alleged old debt from Lloyds. This is definately stat barred by many months. In late oct 2013 they replied firstly with an apology re the delayed response.then up pops, the our investigations have revealed that I made a mystery £1payment into the account some 3 years earlier and therefore the acc. is not Stat Barred. Further they also state that they are not in a position to cease processing my data as they are the legal owners of the acc. The default on the cras file was originally entered by Lloyds and then updated by Capquest upon assignment.They are not in a position to remove the default, as they are obliged to update accurate information to the cras.(There are now 2 references re this alleged debt.) Also they say that the account will remain on hold, as they have requested relevant copies of the statements from Lloyds and that they will be sent to me at the earliest opportunity. They also add that having reviewed the information received from me they believe that they have not made a mistake, as the acc is not stat barred.( Nothing further received since Oct 2014) I sent them a further letter late Oct 2014 confirming the Stat Barred status of the acc and accepting no liability and that no payment will be made now or in the future re this alleged debt. I also restated to them that having checked historical statements I can confirm that no such payment alleged by Capquest was ever personally made nor authorised by me. Nothing further received from them since late Oct 2014. All advice/info will be as usual gratefully received, re my next options / tacticts should be in ridding this pain in the backside, AKA Capquest. "EXEMPLO DUCEMUS"
  20. Hello, i have been paying towards a DMP for a couple of years now (Stepchange) and have just been notified by one of the creditors (Vanquis) that the debt has been sold to a company called capquest. Capquest have acknowledged that i am paying the DMP and have stated they will not be adding any fees or charges to the account (good of them....) I was just wondering if,as they have obviously bought the debt for peanuts, would i get a chance to make a ridiculously low final settlement offer or would that affect the fact that i have a DMP in place. Also should i be requesting anything from capquest with regard to the debt or just let it run. It makes my blood boil to think that Vanquis could have offered to me a chance of settling the debt at a low value but went and sold it on.
  21. Hi, I'd really appreciate some guidance on the following: I've requested an SAR from Lloyds TSB a couple of weeks ago and yesterday, I received a letter from LTSB requesting a signature and completion of a Data Subject Access Request Form (4 pages of pointless questions as far as I can see). Tackling the form first, can I politely tell them to stick their form as I have already given them ample information in my original SAR letter with the £10 postal order and remind them that the clock is still ticking? Regarding the signature, I can go one of three ways: Continue as before, with a printed name only and enclose the template signature letter. Use the CAG Anti-Tamper signature. Get a mate to sign my name for me. Any advice on the above would be much appreciated. Ta, Krysp
  22. Hi - I've been trying to straighten out and alleged debt, run up with the Halifax, which I could do with some advice on please. The Debt shows up on my credit record as registered by Capquest - I sent a CCA letter on 14/3/14 also requesting that they clarify who owns the debt - which thy have tacitly done by putting on a letter title of "account purchased from: Lloyds Bank". 1/4/14 - They replied to the CCA; they had been informed by Lloyds that and overdraft doesn't fall within section 74 and they would not be providing a copy agreement and returning the cheque; went on to say they would be back in touch as son as they had heard back from Lloyds. 28/4/14 - They wrote to apologise for the delay as they were waiting to hear from Lloyds. 29/4/14 - They wrote to say that Debt Managers hadn't been able to agree a suitable payment option with me and to get in touch. 20/5/14 - I wrote to them informing I had never had an account at LLoyds and requesting clarification on their previous letter and repeating the CCA request (I didn't know for sure it was an overdraft they were chasing). 29/5/14 - They wrote with a set of statements from the Halifax (it looks like an overdraft to me) - again under the heading of Lloyds. 31/5/14 - They wrote to say that the matter relates to a Halifax overdraft and according to Lloyds; section 74 doesn't apply and here's your cheque back; get in touch to discuss payment. Again the letter was headed "account purchased from Lloyds". My initial reaction was to write to the CEO about their new processes but then I thought I should get in touch with you guys and gals first for some advice. I suppose my main observations are - over the length of time it took to come back with the statements from the Halifax; Continued reference to Lloyds banking group; absolute confirmation that they own the debt; the letter of 29/4 is a complete red herring ... What would you do next? Thanks in anticipation - Andy - any advice much appreciated....
  23. received a claim form n1cpc dated 19/05/2014 orange 18 month contract that started feb 2007 to dec 2008 for £499.99 with costs £584.99 went online filled in the relevent info, found a template for a cpr 18 posted off request received a letter from capquest today, a copy of a assignment from orange (digital signature) no proof it was from orange a few letters they say they've sent, and a sentence stating its not a credit agreement its a service agreement and a call log the account was assigned on the 23 sept 2011 and they are going to send any statements onto me from orange they also said the last payment was made on 5/12/08 so not statute barred. now the fun part spoke to orange the account in question is showing as £0.00 they have no copy of an assignment letter so how did capquest get one dated 1st oct 2011, the only thing orange have is the account number the girl i spoke to was great checked everything she could, couldnt find anything so how are capquest going to prove this is owed or what is owed. i am drafting a letter to send to capquest any help would be appreciated Further to your letter dated the 07 june 2014, a request was made by myself for all paperwork regarding this account , you have sent just 10 a4 letters which in all honesty could have been done at any date by anyone and a list of phone calls to numbers that are unknown to me . The letter of assignment for instant a proper copy signed and dated is required what way this letter delivered to the address in question . you claim a payment was made to orange on the 5th dec 2008 can you provide proof of this and in what way the payment was made I have spoken to orange there is NO record on their system as money owed it shows as £0.00. The service agreement is unobtainable as is the letter of assignment as they only keep them for 3-4 years as for obtaining statements for this account the orange operator couldn’t obtain them as there is none on file
  24. Hi Folks I have just had a letter from Capquest regarding a dispute that I have on-going with Lloyds Banking Group. Capquest have said in their letter the following:- As we are now the legal owners of this account, we are able to obtain regular updates from the credit reference bureaux regarding your current account position. We use this data to evaluate what steps should be taken to get your account onto a paying status and to assist you in repairing your credit file. These updates can include the following information about you:- 1. Bank Account balances 2.Credit and store card account balances and available credit 3.Details of unsecured personal loans and other credit agreements 4. Mortgage and secured loan details. I have responded with the usual letter stating that the original dispute with Lloyds is still on-going and that they have bought a debt that is in dispute. I understand that credit and mortgage details and such are on my credit file but what concerns me is that they say that they can see my bank account balances. Is this true or just another DCA bull tactic? Thanks in advance Angus
  25. Hi. This morning ive recieved a claim form from the courts regarding an old capital one card that is now with hl legal. Im sure this was opened well over 6 yrs ago. Please can someone advise me on what to do asap. Thanks in advance vikki
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