capquest debt balance dispute

[DAVEB71]

Hi I am new to the site just wondering if someone could advise me on this letter before I send it, its a debt I have been paying for a few years now which never seems to go down, any comments would be much appreciated:

 

 

LETTER OF OFFICIAL COMPLAINT & CCA REQUEST

XXX XXXXXXX Road

XXXXXX

XXXXXXX

XXXXX

6th June 2011

Dear Sir/Madam

Account No: XXXXXXXXX

Ref: XXXXXX

RE: OUTSTANDING BALANCE DISPUTE & CCA REQUEST

Due to the unacceptable handling of the above account by your company since you purchased the debt from Skycard, in particular the extortionate level of interest added by yourselves; I am, since your last correspondence dated 31st May 2011, at the end of my tether. I have checked all my filed letters from yourselves and it is very disturbing and very frustrating to say the least at how much the outstanding balance varies, I last spoke to one of your advisers, “Dianne” on Thursday 2nd June 2011 who reset my agreement as she said I broke it due to a missed payment in May 2011, she agreed to reinstate the original agreement, which was more than I could afford at £20 per month with all interest charges suspended and a letter confirming my new agreement would be sent out, I did receive a letter which infact was a Letter of Claim stating that I have not responded to previous letters? What previous letters, I have had no previous letters!

 

 

 

 

I rang Capquest on the 2nd of June in good faith to reset the standing order which my bank had removed that’s all, it was then she said that my outstanding balance was £1219.44, but she could do me a favour and offer me, today’s deal of the day which was an early settlement of £900.00 paid in 6 monthly instalments of £150.00 per month, this figure is grossly over estimated and didn’t seem right so I checked all correspondence from you and found that the outstanding balance fluctuates at an unacceptable rate, for example, as of March 2010 the so called outstanding balance was £1204.39, I then paid £15.00 on the 25th February 2010 and then £20.00 on the 8th March 2010 which left a supposed outstanding balance of £1169.39, I was then offered an early settlement of £700.00 payable in instalments! How do you work that out? Do your call centre staff make these figures up as they go along, suffice to say, not only have all the payments since March 2010, over £300.00 to my estimation, have been swallowed up in interest, the outstanding balance has increased by over £50.00, this is unacceptable, therefore I contest the above debt and your right to enforce it and officially dispute the amount owed, I have also been advised as the debt was purchased from Skycard, to dispute your right to charge interest on this debt at all, and proof of which must be provided, again I am taking advice on the legality of this as interest only applies if the original agreement has that provision.

Please be advised, I do not respond well to threats nor am I easily intimidated, I am very tenacious when I feel wronged which in this case I do, I will only communicate in writing and all correspondence will be filed, therefore I suggest that you consider your next step very carefully and keep within legal boundaries, and if you wish to pursue this through the County Court you must make sure that you comply fully with my requests where you can be assured that I will defend myself vigorously as enough is enough.

I am fully aware of my rights and your obligations and I am in the process of arranging legal advice regarding this debt. I am also sending a copy of this letter to Trading Standards and the OFT as an official complaint to investigate this debt in full.

Finally I request a full statement of all monies paid to you to date in respect of this debt to cross reference with my bank statements.

Please refer to the contents of the document overleaf.

 

PLEASE READ CAREFULLY

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the account:

Account No: xxxxxxxxxxxxxxxxx

Ref: xxxxxx

Together with any other documentation the Act requires you to provide, whether you are the original creditor or not.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee.

Note that these funds are not to be used for any other purpose

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to Trading Standards.

I look forward to hearing from you.

Yours faithfully

[silverfox1961]

Hi and welcome to CAG

 

I'm assuming your Skycard was a credit card!

 

I think that before you send the complaint letter, you should just CCA them first but at the same time send the original creditor a SAR (in the library-top left)

I bet there is loads of charges on the account that could be reclaimed thereby reducing the debt even more.

Do you know if you had PPI on the agreement?

 

Please stay off the phone. This is the choice of a DCA to confuse and mislead you. Do everything in writing.

[DAVEB71]

Cheers mate thanks for the advice

[DAVEB71]

Just an update on my CCA request to capquest, they sent me back a letter(dated 16th June) stating that my account is now "on hold for 28 days" and they are asking if I have any proof of payements or correspondence that would assit with my query and then asking me to forward these documents with a brief covering letter to the Collections Administration department so that they can resolve this matter as soon as possible.

 

So what happens now, and reading between the lines does the above response reveal anything ?

 

Cheers everyone

[silverfox1961]

You have no obligation to send them anything. Sit back and wait for them to supply the agreement

[DAVEB71]

recieved a photo copy of the original credit agreement from skycard with my signature on it today from capquest along with a statement of how much I paid to date to capquest which is still about £1000 more than the original balance is this the end of the line? IT ALSO SAYS IN THE COVER LETTER THAT MY ACCOUNT REMAINS IN DEFAULT AND THE FULL BALANCE IS PAYABLE???

I am gutted to say the least as I have repaid nearly £700 to date with nearly £1200 outstanding on an original opening balance from them of just over £1300, this has got to be wrong, it seems they have license to charge what they like, its disproportionate to say the least, I wouldn't mind I hate these b*****ds out of all the DCA'S, they are parasites, so is there anyway forward or have they got me by the b*****ks now!!

[DAVEB71]

I would be better to post what they sent to me but the site wont let me do this as not enough posts, how do I get around this, cheers

[havinastella]

If it was up to me, I'd use that £20 you used to pay them to send a SAR request to the Original creditor and Crapquest. I would then be reclaiming all the charges, which would more than cover the debt.

 

Jogs

[DAVEB71]

havinastella, do you think thats the way to go as I am a bit confused as what to do as you get so many different opinions, cheers

[BRIGADIER2JCS]

Agreed the SAR is now essential

[DAVEB71]

regarding the SAR I did put in for the missold PPI on the sky card a while ago and think I got something back, not sure maybe I didnt, as I successfully claimed back on a couple of cards and on bank charges, does this affect me sending a SAR to them regarding this debt, or would this be something else ?

[BRIGADIER2JCS]

NO the SAR SUBJECT ACCESS REQUEST IS FOR ALL INFORMATION HELD ON THE ACCOUNT

#see template in CAG library.

[king100]

Could you guys have a look at what daveb has been sent.

 

Page1

 

Page 2

 

I think its invalid as it doesnt specify the APR nor does it specify the credit limit, but others on another forum thinks that they can express the apr as a "it could possibly be any of them" and the credit limit as "we will tell you later"

[DAVEB71]

Hi did anyone get a chance to look at what capquest sent back in king100's post

[BRIGADIER2JCS]

Hi comes up page not found.

[king100]

Sure does not sure why??

[ims21]

Hi Dave

 

You can post the documents up yourself like this

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

hit reply button

 

 

Are Capquest collecting on behalf of Sky Card or have they bought the debt. If the latter you should have received a Notice of Assignement. Have you received one?

 

You may be being fleeced by Capquest.

 

Send SAR to Sky Card. This will cost you a statutory fee of £10 but will yield all of the information they hold on you, including a full transaction history. They will have 40 days to respond. The location of a template SAR has been given in a previous post.

 

From the papers that come back you will be able to establish waht unlawful charges have been put on the account. These can be claimed back. The transaction history will tell you if ppi was on the account and if mis-sold (Highly Likely) this can be reclaimed too. Both the unlawful charges and the ppi can be claimed back with interest.

 

Forget what you said about previous claims etc.

 

While you are waiting on your SAR response, write to Capquest and tell them that the account is in dispute as you have now requested full information from the original creditor to enable you to establish whether their (Capquest's) claim on you is valid. You can also ask them to supply a full statement of any charges that they (Capquest) have added to the account. (They won't be getting them by the way).

 

Take control of this and make sure everything is done in writing. DO NOT speak with Capquest on the phone. If they call you do not answer their security questions and tell them that you will only deal in writing. They can say things on the phone which can later be denied and they will use mind games to attempt to frighten and confuse you.

 

Keep copies of all correspondence both incoming and outgoing.

 

The final bit of advice is to remember that you are taking control of this situation....not them. When once you take control you will find it quite empowering.

 

Get that SAR off to the original creditor.

 

Regards

 

ims

[DAVEB71]

Hi ims21, thanks for looking over my post, firstly I am not sure whether capquest are collecting or have bought the debt I as I have never recieved any statements from sky card so I assumed they have bought it back in 2006, and your right I am getting fleeced by capquest, nearly £600 in charges and interest, its ridiculous and really frustrating, I decided to post comments on this site because I have had enough of their lying, greedy tactics, which didn't and never have intimidated me, they just p*ss you off! I acknowledge the debt as money owed but its ridiculously disproportionate to the true debt value, these people are cowards plain and simple! one guy once told me that they would send collectors and I said fine just make sure you come along with them and identify yourself to me, .....he soon changed his tune, but if I would of been a person who reacted fearfully to his threats he would of carried on with his sh*te, I detest these people, they obviously take great pleasure in victimising vunerable people and thats a fact, probably making up for their personal inadequancies! anyway off my soap box!!

I will SAR them and the OC which would be sky card, send them a letter in dispute and take it from there, so thanks again for the words of encouragement ims21 I really appreciate all the advice from everyone on this site, it really opens your eyes to your rights, that I for one certainly didnt know existed, I will follow your instructions and try to post everthing they sent back to me.

Thanks again ims21 I will keep you posted,

Cheers DAVE

Edited July 3, 2011 by DAVEB71

[ims21]

Hi Dave

 

Its good to vent every now and then ! Makes you feel better.

 

Yes, do keep us updated...you won't go wrong with the advice given by the various chaps and chapesses on this site.

 

Regards

 

ims

[DAVEB71]

Hi everyone could someone please check these what capquest sent me as a response to a CCA request before I go any further, I am gonna SAR them and the OC as advised by a few people on here but I think from reading various posts on different forums that this may not be valid, but again not sure, cheers everyone

[DAVEB71]

still can;t upload links

[DAVEB71]

any suggestions anyone

[DAVEB71]

or should I keep writing quick replys to get up to 20

[DAVEB71]

still wont let me post

[ims21]

You can do it as per my post #17

 

ims