Capquest & Royal Bank Scotland Debt

[dollypops]

Hi guys,

 

Long time lurker, joined recently as i got the dreaded telogram through which i ignored, now have just received a letter from capquest (saying they have been sold the debt) demanding almost £1700 which i owe the Royal Bank of Scotland from about 4 years ago with my student royalties bank account which had a £1200 overdraft.

 

I know most of this amount is charges and interest, as i got into a bit of trouble back then with a relationship breaking down etc.

 

So i'm posting to ask what should i do, who do i contact first about this, as i wish to claim back the charges etc on the account first before i even think about paying off what i actually owe.

 

Which letters do i send and who do i send them too, the bank? or to capquest ? and in which order ?. I am based in scotland incase that makes any difference to how i proceed.

 

Any advice and help will be gratefully received.

 

Thanks in advance everyone.

Dolly

[dollypops]

Hi there,

 

Have now drafted a Subject Access Request Letter for the Royal Bank of Scotland, as going through a few of the statements i still have for that account there are charges totaling almost £450.

 

and

 

Have prepared a CCA prove it letter for Capquest.

 

 

 

Is there anything else i should be doing/ or not be doing as the case may be, if capquest comes up with the documents, how do i go about lowering the amount as most of the balance is unlawful charges ?

 

Many thanks in advance

[Turnaround]

You are doing all the right things in the right order.

 

Have a god read through the threads and get a feel for the different responces you will get.

 

If you have any concernes or problems them come back.

 

DONT be tempted to phone and keep all correspondece.

[lookinforinfo]

You're doing ok. Wait for the sar to work out the total charges reclaimable.

Might be an idea to look at your credit report to see how close the debt is to the 5 year mark, and whether their is a default or decree marked against it.

 

Take a look at the FAQS, the step by step guide, and the Scottish section

to see what your next move is when you get all your details.

[dollypops]

Thanks for the advice.

I have no intention of contacting any of these clowns by telephone.

They (capquest) dont have any contact numbers for me either, if they do suddenly mange to get hold of one how do i tell them to remove it from their systems ?

 

Got the SAR sent off to RBoS today along with the £10 fee, and also sent Capquest a CCA request letter with the £1 fee.

 

While i was at it and on a roll i checked out my account with the nationwide and found their charges were almost £200 so have sent them the prelim letter too (already had every statement for that account so could skip the SAR part).

 

This site and you guys are fantastic i feel really empowered now and am no longer afraid of this debt with Capquest.

[Turnaround]

With regards to your question on phone calls.

 

If they phone, explain that you dont want to recieve phone calls and that will only make contact via correspondence. Then write a letter explaining this.

 

If they continue then send this letter.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[dollypops]

Quick Update

 

Today (Fri 15th Dec) exactly 7 days since i sent my CCA request letter to capquest i have received the deed of assignment form from them confirming they have bought the debt, which is in turn from the RBoS, and another letter saying the account is on hold for 28 days until they get the required documentation.

 

Still waiting for RBos to reply to my S.A.R - (Subject Access Request).

 

What do i send capquest now ? bearing in mind most of this £1600 debt is bank charges ? And how long do i wait before i do this ?

Ooh while i mind also - the prove it letter i sent i got someone to sign my name at the bottom in a totally diff signature style to my own, so if they forge the agreement, i'v got them.(did this cause i have heard they have a habit of forging docs)

 

thanks in advance

 

RBoS - S.A.R Sent 8th Dec 06

Nationwide - Prelim Letter Sent 8th Dec 06

Capquest - CCA Letter Sent 8th Dec 06

Deed of Assignment Received 15th Dec 06

[dollypops]

Hello

 

Have worked out all the charges etc on this account that capquest are chasing.

 

They are asking me for £1600.

 

After going through all my statements my balance owed when RBS sold the debt was £1400, but i am about to start chasing RBoS for charges totaling £1500.

 

Where do i stand now regarding Capquest and the fact they have bought this debt.

 

I also sent them a CCA Request which they have now defaulted on.

I am willing to pay what i owe back but im struggling to work out what exactly i do owe.

 

Confused

dollypops

[lookinforinfo]

Hold on Dolly, just slow down a pace with Capquest.

They have to send you a copy of the original agreement [ie the copy signed by you and them],any documents that are mentioned in the CCA [the T&Cs are usually one of them -I mean the one in force when you signed your contract]

a signed statement giving you details of the original loan total, any missed payments and the dates on which they were missed, and the amount still outstanding. That is the minimum-and they have fourteen days to supply

them not 28. After 14 days [12 statutory days and allow 2 more for the post], they will need a Court Order before they can

restart chasing you for the debt. After a further 30 days without producing they will commit a criminal offence. None of these DCAs are particularly organised so don't hold your breath-and the longer they take the better for you.

 

Now the S.A.R - (Subject Access Request) will take a bit longer as the bank will have to dig out virtually

everything they have on you -cheques, diary notes, statement of bank charges, correspondence, original contract and anything else relevant to

you since you opened your account with them as well as original T&Cs and the most recent T&Cs.

 

Then you can work out how much RBS owe and reclaim it from them.

It would be a good idea to get your credit files too, since it is possible you may l have been defaulted. As the debt is mostly charges, they should not have defaulted you, so remember to ask for that to be removed if it is

listed, at the same time as you ask for your money back.

 

Read the RBS file to give you an idea of how RBS will deal with you from here on.

The amount owed will become clearer once you get the figures from RBS so

just relax and wait-and pay nothing to Capquest. They will be disappointed.

[dollypops]

Another update.

 

Received the following letter from them today, Despite them being in default of the CCA Request, and them sending a letter on 7 jan that the account is on hold for 28 days (2nd time they have said its on hold).

 

Letter as received reads .....

 

Dear dollypops

 

Power of Attorney: RBoS

Acc No: 00000000000000

Balance 1633.77

 

PLEASE READ THIS CAREFULLY

We have now received a report from our external doorstep agents, and your account is now being processed for legal action.

 

We appreciate that you may not be in a position to settle this account in full and therefore will offer you the chance to clear this account whilst saving you money and help your credit rating.

 

As with most lenders we have an obligation to report your payment history to the credit reference agencies, and a late or missed payment can easily damage your credit status and lead to lenders refusing credit.

 

It is not our aim to make your situation worse, but to find a solution that will assist you going forward. The multiple choices listed below is our way of helping you to settle your account in a way that suits your current financial situation.

 

You decide which method is suited to your situation and we will look after the rest.

 

Option 1: Direct Debit

 

blah blah blah section about direct debit mandate enclosed

 

Option 2: Alternative Method

 

Call us on 0845 0843535 and decide which payment method you want to set up.

 

All sensible and viable offers will be considered, applicable to option 1 and 2.

 

If you choose to proceed with either of the above two options and the offer is acceptable, we will reduce your debt immediately and remove all the interest that has been accrued to date since the purchase of your account and stop all future interest being added.

 

This will reduce the amount you owe to £1301.21

If the offer amont is not acceptable we will notify you directly.

 

If at any time you find yourself in difficulty, and you will not be able to make a schedulded payment, telephone us and we will reschedule your account without penalty.

If however you fail in your commitment without good cause or reason the above benefits will be withdrawn.

 

Option 3: Full & Final Settlement Offer

 

blah blah pay us £1307.02

 

Alternatively

A one off payment of £1225.33 will settle this account in full

 

It is in your own interest to deal with this matter now, please respond by . (no date entered)

 

No response will result in litigation and we will enforce this debt to ensure payment is made.

 

END OF LETTER

 

A few points.

 

1.Report from external doorstep agents ? - No one has been to my door, or have they had a man watching my house

 

2. They received my CCA request on 9th Dec 06 and done nothing with it.

 

3. They have slapped on according to them £330 interest, can they do this and if they do come up with the CCA agreement am i legally bound to pay this interest, also the balance when the account was sold was only £1400.

 

4. How the hell do i reply to this letter.

 

Thanks a lot guys

[dollypops]

I was thinking of sending them this as a response.

 

Credit to the person who originally posted this letter in another thread, i have edited it slightly to suit my case.

 

Capquest Debt Recovery Ltd

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

 

 

Dear Sir /Madam,

 

 

Account No - 00000000000

Your Letter Ref - 00000000

 

 

I refer, and draw your attention, to my letter dated 08/12/2006, and your subsequent failure to supply the relevant documentation required under the Consumer Credit Act 1974 (Sections 77−79).

 

At your request, I have afforded you adequate time and process to produce these alleged documents from your client. Yet despite numerous attempts to conclude this satisfactorily, you still choose to disregard your statutory obligations. Please cease this endemic impulse to provoke communication by harassment and intimidation without just cause, and in that regard suggest that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25).

 

Ironically, your failures prompt me to again focus your attention on the content of both the above act and the Data Protection Act 1998. The substance of which should clarify your current position, future conduct and direction regarding unenforceable debts.

 

To clarify my position, I do not acknowledge ANY debt to your company and affirm my right that NO further payments will be forthcoming..

 

With regard to my personal data, you have admitted you’re not in possession of, and unable to obtain the aforementioned documents or have my written / implied consent. Therefore under provision of the above acts (Principle of the Data Protection Act & CCA Section 174), you have no legal right to process or disclose my personal data. I now require that you remove any reference to this alleged debt from my credit file and the immediate cessation of the processing of my data to any third parties as this data is unsubstantiated. You have also failed to show I gave consent to this processing or that there is a legitimate interest as per the first and sixth principles of The Data Protection Act 1998.

 

If you fail to respond or abide by my instruction, without justification within the next 28 days that I will, without further notice take further action, but not limiting it to the Information Commissioner, to regain my rights.

 

Further, be fully advised, that any future contact or correspondence, in pursuit of this alleged debt, from yourselves, your representatives or agents will be further gratefully received, and classed as continued harassment on an alleged / disputed debt. This will again be passed on to the relevant authorities for further validation of my position, including the Police. Any legal action you may contemplate will be vigorously defended, contested and a counter claim issued.

 

Without ambiguity, I trust I make myself perfectly clear, and invite your considered response before I take this matter further.

 

Yours Faithfully

 

 

 

Any help appreciated guys

[lookinforinfo]

Dollypops, the letter is very tempting.

However, as you are definitely in the driving seat with this bunch, you could

tease them for a little instead-and it can be fun. You don't want to show them just yet how much you know. So a simple little letter to start.

 

Dear Sirs,

I am in receipt of your letter of the 20th January 2007.

You may recall that when you sent the Deed of Assignment on !6th December

2006, that you said the other documents would follow. To date I still have

not received them, and as you know, until you have complied with my

request, you are not allowed to pursue me for the debt.

I would be grateful if you would confirm that you will not be instigating any

legal action until you have supplied me with the original agreement etc,. And

an idea of how long before I can receive the documents would be appreciated.

 

Yours Faithfully,

 

 

 

Remember when you got the first letter from them-how worried you were.

It's payback time.

[dollypops]

Ooh thanks for that lookinforinfo

 

Just about to head to bed, been researching other stuff all night :o/

 

Will send your one off instead, never thought of toyin with them like a cat with a mouse

 

Just worried about the amount of interest their slappin on, am i legally bound to pay that IF they do come up with the agreement.

 

dolly

[lookinforinfo]

Bear in mind that you only owe around £200, and you should be able to claim interest on the £1500 that they owe you[RBS]. And CQ will not be able to

charge £330 in interest as the debt will probably be totally wiped out and should never have been sent to them as it shouldn't have existed.

In any event, by the time CQ have found your docs. they will be so deep in

the proverbial [breach of cca request is a criminal offence] that they would

probably not even chase you had you owed the whole debt.

[dollypops]

Thanks for your help so far lookinforinfo, £200 is roughly about what i thought i owed as well.

Looking at my statements i didnt make much for me to OD and then it just went mental with charges,

1 charge is listed as CHQ CHARGE FEE £125 !!

So am going to stick to my guns and drag it out with Capquest until the RBS have settled, then i think I WILL take capquest to court to make them...

 

1 reduce the amount to the true debt owed, as by that time i will have clear documented evidence of that from the RBS case.

2 come up with the agreement,

3 drop the interest,

4 drop any charges they are bound to have added

5 remove any defaults etc they have registered

6 plus pay all my costs and fees in bringing the action

[lookinforinfo]

I am not sure that you realise that you can also claim interest at 8%pa on

the charges applied by RBS from the time the charge was imposed until they

finally pay you. This should more than cover the £200 outstanding which

means there is no debt for CQ to collect on.

[dollypops]

Yeah thats a small bit i am slightly confused on.

 

I am at the LBA stage with Nationwide also, knowing that these bank are more than likely to pay out before i goto court can i still claim my court fees and the 8% ? If so then thats wonderful

 

Back to capquest.

 

I was thinking today, maybe i should send them a SAR as i have deffo not had anyone visit my house etc. I wish to see a copy of this supposed report they have received, Am i within my rights to ask for this ?

 

Many thanks you have been a big help to me so far

Dolly

[lookinforinfo]

Yes if they agree to settle out of Court then they have to pay your fees

since they are concending, and if you claimed for interest in your claim, then

they pay that too-or you don't settle till they do.

 

I wouldn't waste a tenner on CQ- they are not worth it. Besides you might

really confuse the poor dears giving them two tasks at the same time.

[flash]

As far as I know there are two types of interest which you can claim back. One is Statuatory interest at 8% and which can be charged from the time you initiate a court case. The second is contractual interest which is the rate charged by the credit company/bank an this you can claim from thre time it was applied to your account.

[dollypops]

Well got a reply today from capquest, after i sent them the letter from POST Number 12, thanks lookinforinfo

 

The letter says.....

 

Further to your recent correspondence.

 

We can confirm that your account has been placed on hold until 09 Feb 07 whilst we investigate this matter for you.

 

Yours sincerely

 

 

So, I had a wee chuckle and filed it nicely with the rest of my "evidence".

Bunch of bloody clowns, going to send them another letter now asking for a copy of the report they supposedly have from their doorstep agents who never appeared

[lookinforinfo]

Waaaayyyyyyy to go Dollypops-now you're cooking. Isn't it nice to be in control.

Just checked back on your posts, and CQ are already too late-they have

committed a criminal offence by failing to supply your data in time. So even if

they do send the agreement form by the 9th of Feb. they will still require

a Court Order before they can restart proceedings.

As that will entail them having to admit to committing an offence, and being

liable to a fine of up to £5000, I doubt you will hear from them again-if they

have any sense that is.

[dollypops]

Update....

 

Getting sick and tired of these censored clowns now.

 

Got another letter through in response to my letter to them asking for a copy of this report (which i know does not exist).

 

They want me to pay them £10.00 in respect of admin charges, AND supply them with a copy of my drivers licence or passport.

 

They are going to put the account on hold until 22 feb 07 whilst i compile this information, then it will be passed to their collection dept.