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Hi there,
Im hoping you can help me with an ongoing debt i have had since 2003.
I stupidly signed for a Credit Card in a Halifax in Feb 2003.
I did not have a formal chat with a Halifax Representative i simply was asked would you like a credit card and the downward spiral started.
I was young and i over spent on credit card this debt gained interest over many years, and i was unable to make any considerable payments.
Looking back i did not understand the problems that having a credit card would entail.
As i did not make any payments for a considerable amount of time, Halifax sold the debt to Capquest Debt Recovery.
Since this debt has been sold to Capquest i have had many phone calls at work, late at night and at parents house.
I have corresponded with Capquest for may years and now i feel i need Financial Advice.
The Customer service has been rude, threatening and I simply feel i have been harassed especially these last few months.
I only have a problem with Capquest and i am continuing to pay my current Credit Card Barclaycard.
As the ongoing situation with Capquest has been a distressing and stressful matter i thought i would ask for assistance and advice.
I have made a basic diary of events of the last number of years/months.
Debt sold from Halifax to Capquest 8th July 2008.
24 MARCH 2009 received letter offering a settlement figure from Capquest for £1357.20
Capquest Called I then entered into an arrangement to repay this debt over x4 monthly payments.
I then struggled to pay these payments that i agreed over the phone.
21 JULY 2009 received Stat Demand
25 JULY 2009 CCA Request sent to capquest
28 JULY 2009 Copy of the notice of assignment for account together with a statement of account recieved.
28 JULY 2009 Halifax letter received dated 08 July 2008 - Halifax plc have sold your account to capquest investments limited.I confirm that the amount outstanding on your account as at 12 may 08 was £2670.00.
29 JULY 2009 Letter received from Capquest - account is now on hold for 28 days whilst we obtain the information required.
7TH AUGUST 2009 CAPQUEST failed to provide the CCA withing the 12+2 days
27 AUGUST 2009 Letter received from Capquest - Further to you recent correspondence.
Please find enclosed copy document(s) as requested. If you are not currently repaying this account on an agreed arrangement it is now imperative that you deal with this matter immediately by sending your payment to CAPQUEST..........
We have placed your account on hold until 03 SEP 2009, if we do not receive contact from you by this date, your account will be passed on to our collection department for further action.
Documents which i received in this letter were a Photocopy of Halifax Credit Card Apllication Form PLEASE SEE ATTACHED i have also blocked my name and details on this scanned image as i have seeked help online,
01 SEPTEMBER 2009 Letter sent to Capquest my request under the Consumer Credit Act 1974 This account is in Dispute Requesting that Capquest supply me a true copy of the executed credit agreement for this account.
In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.
18 NOVEMBER 2009 another letter sent to capquest as i do not believe a valid CCA very much similar to above.
26 NOVEMBER 2009 Letter recieved from Capquest stating i signed a Credit Agreement in the signitature box it states This is a credit agreement regulated by the Conusmer Act 1974.
Sign it if you want to be legally bound by its terms "signed by me 06/02/13
30 APRIL 2010 Capquest sent me yet again photocopy Credit Card Application form and some terms and condtions on seperate bit of A4 paper which i have never seen and does not contain my signiture or anything i am aware of.
PLEASE SEE ATTACHED i have also blocked my name and details on this scanned image as i have seeked help online,
24 MAY 2010 Letter from H L Legal In the matter Capquest Investments Limited V XXXXX
Re: Halifax Plc
Balance £2200.00
This Firm acts for Capquest Debt recovery Limited, who are agents for capquest investments Limited.
You have entered into an arrangement to repay this debt, which you have failed to honour, the last being on 09 Jan 09 for the amount of £95.00.
Take notice: If you fail to repay the arrears on the arrangment you have made of £1168.00 by 29th May 2010, or make contact with our client on the number shown above. Your case will be prepared for litligation for the full outstanding balance of £2200.00.
Legal Procedings will incur the following costs:
Balance of account £2200.00
Court Costs £75.00
Solicitors Costs £80.00
Total £2355.00
Interest will also be added accuring on a daily basis
To avoid this action you must make a payment without delay by contacting the Capquest Debt administration Office on 0871 527 0327
calls charged at 10p per minute from a land line by 29 may 10
11 JUNE 2010 Letter to Capquest sent Refusal by Lender/DCA - to accept Unenforceability sent this letter as CCA had no prescribed terms and conditions,
12 DECEMBER 2010 Letter recieved from Capquest - On the 20 July 09 a statutory demand for bankrupty was sent to you, you responded to by offering a proposal to repay this debt without the need of further action. Your Offer was accepted and the legal process halted.
However, because of your failure to comply with the agreed proposal we find ourselves with no other alternative but to instruct our field agents Resolvecall
15 DECEMBER 2010 Letter sent to Capquest from me saying i wish not to communicate via phone only by post.
28 JUNE 2013 letter recieved from capquest stating account not resolved account now transfered to past due credit solutions on 26 JUNE 13
05 AUGUST 2013 letter final responce letter recived from past due credit solutions i asked for validation of debt they asked me for £1 payment. which i never did pay! account on hold for 28 days.
16 AUGUST 2013 letter recieved from Capquest stating that account has been sold to Capquest Investments limited who in turn have appointed Capquest Debt Recovery ltd to manage account.
17 SEPTEMBER 2013 assumed i had a statue barred case and wrote to Capquest and past due credit solutions stating that was Stat barred after 6 years
20 SEPTEMBER 2013 Recived short letter from Capquest stating NOT STAT BARRED and how would i like to proceed.
17 OCTOBER 2013 sent a letter to Capquest stating again i believed was Stat barred and no further contact to be made.
07 NOVEMBER 2013 Letter recived from Capquest stating again not stat barred and as they have recieved payments. sent me a print out of their computer system screen with alledged payments
http://i941.photobucket.com/albums/a.../statement.jpg
27 NOVEMBER 2013
Capquest still are continuing persisting to call.
I am not talking to them i only communicate via post!
They are making me stressed and ill they are really pressurizing myself.
As you may have seen from my previous posts i am having great difficulty with this debt company this has been on going for many years.
I have just received my Barclays bank statements which i have requested as Capquest have "claimed" this debt is not statue barred so i wanted to investigate Unfortunately it DOES show that i have made payments on
01/10/08 £250.00 (First Direct Debit)
09/01/09 £20.00 CCP i assume this Credit card payment via over Phone?
23/03/09 £62.00 CCP " "
I Cant find any records of any payment on 12 May 2008 which they claimed in a previous letter or 04/09/08 £150.00 as on statement which they claim was a card payment.
Another Strange concern is i recieved a letter dated 8th July 2008 from Halifax stating that my account has been sold to Capquest.
I recieved a letter on 20th September 2013 from Capquest saying a payment was made on 12th May 2008 i have no record of this!
If you look at bottom of letter 08/07/08 Halifax amount outstanding on your account as at 12 May 2008 was £2670.00 - Capquest claim a payment has been made on 12 May 2008 yet on there computer statement screen printout on 04/07/08 its same value £2670.00 this is not a payment!!!
I understand i have made a direct debit payment and x2 phone payments back in 2008/9
Does this look likely that i will have to pay now as not stat barred.
Should i ask for a settlement figure and what amount shall i pay?
Is the CCA Legal?
If you have any advice i would be most grateful.
Thank you so much for your help.
Im hoping you can help me with an ongoing debt i have had since 2003.
I stupidly signed for a Credit Card in a Halifax in Feb 2003.
I did not have a formal chat with a Halifax Representative i simply was asked would you like a credit card and the downward spiral started.
I was young and i over spent on credit card this debt gained interest over many years, and i was unable to make any considerable payments.
Looking back i did not understand the problems that having a credit card would entail.
As i did not make any payments for a considerable amount of time, Halifax sold the debt to Capquest Debt Recovery.
Since this debt has been sold to Capquest i have had many phone calls at work, late at night and at parents house.
I have corresponded with Capquest for may years and now i feel i need Financial Advice.
The Customer service has been rude, threatening and I simply feel i have been harassed especially these last few months.
I only have a problem with Capquest and i am continuing to pay my current Credit Card Barclaycard.
As the ongoing situation with Capquest has been a distressing and stressful matter i thought i would ask for assistance and advice.
I have made a basic diary of events of the last number of years/months.
Debt sold from Halifax to Capquest 8th July 2008.
24 MARCH 2009 received letter offering a settlement figure from Capquest for £1357.20
Capquest Called I then entered into an arrangement to repay this debt over x4 monthly payments.
I then struggled to pay these payments that i agreed over the phone.
21 JULY 2009 received Stat Demand
25 JULY 2009 CCA Request sent to capquest
28 JULY 2009 Copy of the notice of assignment for account together with a statement of account recieved.
28 JULY 2009 Halifax letter received dated 08 July 2008 - Halifax plc have sold your account to capquest investments limited.I confirm that the amount outstanding on your account as at 12 may 08 was £2670.00.
29 JULY 2009 Letter received from Capquest - account is now on hold for 28 days whilst we obtain the information required.
7TH AUGUST 2009 CAPQUEST failed to provide the CCA withing the 12+2 days
27 AUGUST 2009 Letter received from Capquest - Further to you recent correspondence.
Please find enclosed copy document(s) as requested. If you are not currently repaying this account on an agreed arrangement it is now imperative that you deal with this matter immediately by sending your payment to CAPQUEST..........
We have placed your account on hold until 03 SEP 2009, if we do not receive contact from you by this date, your account will be passed on to our collection department for further action.
Documents which i received in this letter were a Photocopy of Halifax Credit Card Apllication Form PLEASE SEE ATTACHED i have also blocked my name and details on this scanned image as i have seeked help online,
01 SEPTEMBER 2009 Letter sent to Capquest my request under the Consumer Credit Act 1974 This account is in Dispute Requesting that Capquest supply me a true copy of the executed credit agreement for this account.
In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.
18 NOVEMBER 2009 another letter sent to capquest as i do not believe a valid CCA very much similar to above.
26 NOVEMBER 2009 Letter recieved from Capquest stating i signed a Credit Agreement in the signitature box it states This is a credit agreement regulated by the Conusmer Act 1974.
Sign it if you want to be legally bound by its terms "signed by me 06/02/13
30 APRIL 2010 Capquest sent me yet again photocopy Credit Card Application form and some terms and condtions on seperate bit of A4 paper which i have never seen and does not contain my signiture or anything i am aware of.
PLEASE SEE ATTACHED i have also blocked my name and details on this scanned image as i have seeked help online,
24 MAY 2010 Letter from H L Legal In the matter Capquest Investments Limited V XXXXX
Re: Halifax Plc
Balance £2200.00
This Firm acts for Capquest Debt recovery Limited, who are agents for capquest investments Limited.
You have entered into an arrangement to repay this debt, which you have failed to honour, the last being on 09 Jan 09 for the amount of £95.00.
Take notice: If you fail to repay the arrears on the arrangment you have made of £1168.00 by 29th May 2010, or make contact with our client on the number shown above. Your case will be prepared for litligation for the full outstanding balance of £2200.00.
Legal Procedings will incur the following costs:
Balance of account £2200.00
Court Costs £75.00
Solicitors Costs £80.00
Total £2355.00
Interest will also be added accuring on a daily basis
To avoid this action you must make a payment without delay by contacting the Capquest Debt administration Office on 0871 527 0327
calls charged at 10p per minute from a land line by 29 may 10
11 JUNE 2010 Letter to Capquest sent Refusal by Lender/DCA - to accept Unenforceability sent this letter as CCA had no prescribed terms and conditions,
12 DECEMBER 2010 Letter recieved from Capquest - On the 20 July 09 a statutory demand for bankrupty was sent to you, you responded to by offering a proposal to repay this debt without the need of further action. Your Offer was accepted and the legal process halted.
However, because of your failure to comply with the agreed proposal we find ourselves with no other alternative but to instruct our field agents Resolvecall
15 DECEMBER 2010 Letter sent to Capquest from me saying i wish not to communicate via phone only by post.
28 JUNE 2013 letter recieved from capquest stating account not resolved account now transfered to past due credit solutions on 26 JUNE 13
05 AUGUST 2013 letter final responce letter recived from past due credit solutions i asked for validation of debt they asked me for £1 payment. which i never did pay! account on hold for 28 days.
16 AUGUST 2013 letter recieved from Capquest stating that account has been sold to Capquest Investments limited who in turn have appointed Capquest Debt Recovery ltd to manage account.
17 SEPTEMBER 2013 assumed i had a statue barred case and wrote to Capquest and past due credit solutions stating that was Stat barred after 6 years
20 SEPTEMBER 2013 Recived short letter from Capquest stating NOT STAT BARRED and how would i like to proceed.
17 OCTOBER 2013 sent a letter to Capquest stating again i believed was Stat barred and no further contact to be made.
07 NOVEMBER 2013 Letter recived from Capquest stating again not stat barred and as they have recieved payments. sent me a print out of their computer system screen with alledged payments
http://i941.photobucket.com/albums/a.../statement.jpg
27 NOVEMBER 2013
Capquest still are continuing persisting to call.
I am not talking to them i only communicate via post!
They are making me stressed and ill they are really pressurizing myself.
As you may have seen from my previous posts i am having great difficulty with this debt company this has been on going for many years.
I have just received my Barclays bank statements which i have requested as Capquest have "claimed" this debt is not statue barred so i wanted to investigate Unfortunately it DOES show that i have made payments on
01/10/08 £250.00 (First Direct Debit)
09/01/09 £20.00 CCP i assume this Credit card payment via over Phone?
23/03/09 £62.00 CCP " "
I Cant find any records of any payment on 12 May 2008 which they claimed in a previous letter or 04/09/08 £150.00 as on statement which they claim was a card payment.
Another Strange concern is i recieved a letter dated 8th July 2008 from Halifax stating that my account has been sold to Capquest.
I recieved a letter on 20th September 2013 from Capquest saying a payment was made on 12th May 2008 i have no record of this!
If you look at bottom of letter 08/07/08 Halifax amount outstanding on your account as at 12 May 2008 was £2670.00 - Capquest claim a payment has been made on 12 May 2008 yet on there computer statement screen printout on 04/07/08 its same value £2670.00 this is not a payment!!!
I understand i have made a direct debit payment and x2 phone payments back in 2008/9
Does this look likely that i will have to pay now as not stat barred.
Should i ask for a settlement figure and what amount shall i pay?
Is the CCA Legal?
If you have any advice i would be most grateful.
Thank you so much for your help.
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