CapQuest - What to do now.

[emi38]

I posted a while back about capquest (one of many complaints about this awful company!).

 

I sent them a subject access request and 'proof of debt' letter in November 2006. they replied stating they would write off the remaining £50 they allege we owe them, would then close the account and returned our £10 for the subject access.

 

I replied stating that under no circumstances were we agreeing to them closing their file without providing us with the information they are legally obliged to provide. in the intermin i also made complaints to trading standards (who are looking into it) and the OFT.

 

In january we receievd a letter stating that because we had refused to accept their offer they were reopening the file and would not put it on hold. they also asked for the £10 back - so i had to pay recorded delivery again to send it back!

 

the obligatory letter from H L legal then followed threatening baliffs etc (i had to laugh - it stated we hadn't contacted them since july 2005 - and i have a really thick file of correspondence between then and now so that is blatantly a lie).

 

it is now end of Jan and they have not responded with any proof, records from the personal file or anything else i asked them to provide.

 

they have long exceeded the statutory time limit to provide this.

 

what should i do now? write a letter before action then head straight for the court?

 

trading standards have not been great so far - they said they would investigate but i haven't heard from him for 3 weeks (he has copies of the while file and i have him up to date with the latest letters!).

 

i should add that i am now gunning for a full refund of the contributinos we have paid as it is blindingly obvious they will never be able to prove their entitlement to collect the debt. i also believe that any court would criticise them for their tactis and bullying that have been put into action over the past 18 months. They were also only 2 weeks shy of the 6 year limitation period to begin with.

 

moral of the story - never respond to a letter from "telogram" - its bad news!!

 

any advice appreciated!!

 

thanks

 

emma

[InKogneeToh]

Hi Emma

 

I assume that Capquest have acquired this debt from the original creditor. Is it a consumer credit agreement debt?

 

Regards, Pam

[emi38]

Hi Pam,

 

Yes it is. it is an old student account my husband had with hsbc. he remembers making a final payment on the account in 1999 and they did not make contact with him about a remaining debt. i have spoken with them and they have no record of his account now (over 6 years old) so cannot help us establish what the debt is. problems started when we received a 'telogram' letter in july 2005 which we rang up about (out of curiosity) and then the capquest pounced on him. he originally paid them because they were so threatening (£700 in total - they claim he owes a last £50). when i found this site (and i have legal background) i became determined to assert his legal rights because i believe this company to be corrupt bullies and they should not be allowed to get away with it!! and of course, he does not remember owing any more money and doesn't keep records (well, he does now he's found me!!!)

 

sorry - got a bee in my bonnet and always ramble about them!!

 

thanks pam!

[InKogneeToh]

Hi Emma

 

I suggest doing a SAR to Capquest. This costs £10 and there is a template letter in this site's library. This should provide you will all the information they have for this account from the time they acquired it, including whether they have registered a default with any credit reference agencies.

 

Normally a debt is statute barred if 6 years have passed since a payment or acknowledgement of the debt has been made. However this 6 year time limit started to run again in you hubby's case from the date that he first acknowledged the debt to Capquest. (Pity you were curious!! )

 

I also suggest doing a CCA request to Capquest under s77-79 of the Act for a copy of the original executed credit agreement. This costs £1 and there is a template letter in this site's library. They have to supply a true copy of the ORIGINAL agreement within 12 working days or they are in default and cannot enforce the agreement. If they are still in default after a further month then they have committed a criminal offence which carries the penalty of a hefty fine or even inprisonment.

 

The chances are that after all this time a true copy of the agreement will not be forthcoming.

 

Regards, Pam

[InKogneeToh]

Hi again,

 

I have just reread your original post again and see that you have already done the SAR - sorry (DOH!!)

 

I'm not sure of the implications/advantages of taking this SAR matter further. Hopefully someone else will advise.

 

The CCA request is still a good idea though - also ask for proof that the debt was legally assigned to them i.e. a copy of the deed of assignment. If they cannot provide both of these documents then they cannot prove a debt exists or their entitlement to collect it and I think you would be in a good position to demand all of your money back.

 

Regards, Pam