Capquest coming out of the woodwork - Old Abbey OD.

[Nomore Baloney]

My wife has been paying off a credit card debt since 2012 at the rate of £5pm.

She has never missed a payment and currently owes £798.

We don't dispute the debt as we jumped through the hoops back in 2011 and it looked, after advice on here that it was enforceable.

 

All of a sudden, Capquest are now sending snotty letters demanding that she get in touch as the 'balance remains unpaid.

She doesn't want to call them and would rather just keep paying the £5pm.

 

Any up to date advice to get them to stop their chasing.

We really don't want to have to get into dialogue and start the inevitable how much can you afford to pay interrogation!

 

As it's under £800 are they likely to get CCJ ish.

We live in rented accommodation now having had to sell our house 6 1/2 years ago.

 

I'm minded to send them a letter saying thanks for their interest but that's all we can afford.

[dx100uk]

Has she written with her current and correct address?

who was the oc?

[Nomore Baloney]

They have our current address.

I'm fairly sure it was an Abbey National personal loan.

Originally chased by Debt Managers and then passed along the food chain to Capquest.

 

The letter says the account may be returned to Arrow Global (who own them) who will consider passing the account to a specialist partner to recover the balance outstanding.

Given that my wife has never missed a payment, that's a bit off.

[dx100uk]

Wheres the thread with the cca return in it

You are safe to ignore them unless she has never written to them or the oc giving her current and correct address. Them writing to the correct address doesnt mean they cant file a claim to the old one if she hasnt

 

we normally see the above actions as a result of address phishing before backdoor ccj attempts

[Nomore Baloney]

We had a couple of issues back nearly 10 years ago, so not sure there would have been a seperate thread posted, but took the general advice on whether an agreement was enforceable and after all the info was in from the Abbey Nat, decided it was, so have been paying the agreed amount ever since.

 

Given your advice, might be an idea to confirm our address by recorded post, tell them its rented, and confirm the £5 is the most we can afford and would they consider a reduction to £4?

 

Just don't want our excellent credit score ruined, worked hard to recover it over the last 8 or 9 years - all the defaults etc have disappeared.

 

Do they tend to issue a county court claim for under £800?

 

Hoped we had seen the last of all this shenanigans!

[dx100uk]

DCA's will issue claims for £100...

 

the debt was obviously defaulted more than 6yrs ago so all evidence of the debt is removed after 6yrs

and cannot comeback unless via a CCJ will show the public/judgements section of your file and kill any credit for another 6yrs unless its settled within 28days of a judgement.

 

if they have not legally in writing been informed of a change of address

they are quite legally entitled to file using an old address.

this is why it is so important to always advise of a change regardless to the debt age.

 

as the CCA was to the OC, and you've been blindly paying this to a DCA after sale [which should always be retorted too by a new CCA request]

I would send a new CCA request to them now.

 

that kills two birds.

 

dx

 

 

 

 

 

[Nomore Baloney]

I have done  a little digging in my emails here going back to 2010.

 

It looks like Moorcroft were  the original DCA, then passed to Direct Legal Collections.

 

I think it was then sold on again before ending up with Capquest.

 

I'll send them a new CCA request and see what happens.

 

To refresh my memory, I take it they have to show me a copy of the original signed agreement or they can't chase.

 

Is there more complexity to that - I'm guessing there is!

[dx100uk]

though you knew all this as you'd excepted the CCA was enforceable before?

 

Moorcroft and DLC don't buy debts

they simply chase for their stated client.

 

so eventually it was sold to capquest, part of the arrows group.

 

have you worked out what the debt was and the OC now then too?

 

[Nomore Baloney]

Yes, think it was something to do with Abbey National (as was)around 2010.

 

From memory, and it was about 10 years ago, on balance of probability from the advice on here and the info we got back, I concluded that it wasn't worth the risk of getting a CCJ and chose instead to pay them a fixed amount each month, which my wife has, without fail.

 

I see from records that Debt Managers were involved as well.

I remember how charming they were to deal with..not.

 

We had a lot going on back then and this was just another small battle that we didn't need to fight as we had more fundamental issues to address for the sake of a few quid per month!

[dx100uk]

open

 

[Nomore Baloney]

Just a slight delay on coming back to this thread - have been slightly distracted having a heart bypass op, followed by being diagnosed with T2 diabetes as a result of the op apparently.

Anyway, all good now!

 

Recently got back on to this issue and received a response from Arrow on behalf of Westcot.

They tell me that as the account was originated from an overdraft, it was not covered by under the CCA 1974.

 

They did confirm that the account was in default and that the total amount owed is £752.

they also tell me that the amounts that will become payable will include interest and costs, depending on which enforcement action is taken.

 

I still therefore still have not got written proof that my debt is enforceable from them, other than a a vague line saying my account is in default.

 

Any suggestions as to how I progress this most effectively.

Been paying this for 10 years now!

 

PS, thanks to DX100uk for allowing me to resurrect the thread.

[dx100uk]

stop paying a bogus OD debt and running the statute Barred date to infinity.

until or unless you get a letter of claim, ignore everyone and everything.

 

she's been cash cowed for years on a debt that didn't need paying in the 1st place.

.why do you think a giant multinational bank sold it on for <10p=£1 and not take her to court and crush her

...it's bogus.!!