cap quest litigation letter

[telecasterboy]

hi guys can any one advise on this letter i recevied today.

 

as you will be aware we have communicated with you over a period of time to resolve this without the need for legl action.costs incured as a result of any litigation will be added to your balance .if we succeed in obtaining judgement agaisnt you.

 

my name is marcus ************ and i have been appointed as your case handler.

 

together with my team,it is my responsibility to progress your account through the litigation process,but also to assist and inform you on any query or questions you may have .

 

your cse maybe processed and passed to our solicitors on or around 17th dec 11,a process that you can stop by telephoning ************** to disscuss your accountand reach an amicable solution.

 

i will not be demanding payment in full. i will be open to suggestions from you on how this account can be settled.

 

if you contact us before 17th dec 11,i can offer you a settlement figure on your outstanding balce.that means you only have to pay £179.22 to clear this account with us,and if required you can pay this over a 3 month period.

 

you still have the opportunity to stop legal action and the possibility of settling your account over a period of time and by a method that is suitable to you.

 

i trust you will take this opportunity to con tact us and save yourself the possible expense of litigation and the problems that any litigation in which we were succesfull would possiblt cause to your credit file

 

would like to know what action i should take nxt

many thanks john

[PGH7447]

sounds like they are desperate, what is the alledged debt etc, more info better advice on what to do

[Nick_the_Greek]

John,

 

Do not panic, have you sent them a request for a copy of the credit agreement? If not get it off straight away. You have a good chance that it will be unenforceable, all mine were!

I have been through what you are going through, many of us have and the best advice I can give you is:

1. Don't panic, the debt collectors will try and scare you into paying but it is rare that they do anymore than write lots of threatening letters.

2. Read up and get the advice on here, it is amazing and kept me and my wife sane. Learn a little about the law, use the template letters and get control.

3. There are people on here much better qualified and with far more experience than me, listen to their advice.

4. Never speak to the debt collectors on the phone, insist that all communication is via letters.

5. They will threaten doorstep collectors. Tell them that you have withdrawn the common law tort and as per OFT guidance, they may only call if you give permission.

 

Happy Christmas to you and yours mate, keep your chin up, and don't let the buggers grind you down!

[telecasterboy]

hi guys

thanks for the quick response ,heres more info

 

the letter concerns a debt that i had with my ex wife ,who never payed a penny of it bck.unfortunately they caught me and when i said it was a joint bank account,basicly they just said well we found you we dont need to find her.even though i gave them her new adress where she worked and mobile .

 

letter states power of attorney: national westminster bank plc

account number *********

balance £238.95

 

i had been paying £20 per month for around 5 years ,then due to a change of adress and circumstances cancelled my standing order,which by the way they took the last 2 payments of £ 23 per month.

i know i owe them money ,and would be willing to pay £ 10 p/m .just dont know how to go about it .

thanks guys

[louloubelle0195]

John,

 

Good news - this is a fairly standard threatening letter. CapQuest give you a designated name to make you believe that one person is concentrating on your account. Another name you may hear is David Horn - he is another so-called Account Manager. You will also receive a letter from the managing director, again stating that he is making you a one-off settlement offer. As mentioned, have a look in the letters library for an appropriate letter to send removing the implied rights of access of doorstep collectors.

 

As you may have noticed, DCA letters like to use the words "may, might, possibly" when discussing litigation or doorstep agents.

 

Have a look at the following link http://www.getoutofdebtfree.org/Debt-Collectors-Letters-Expect which gives several examples of computer-generated letters sent by DCAs.

 

Hope this helps.