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  • #1

    Capital One, Capquest and "Reconstituted CCA"

    Hi,
    I am new to this forum and would really appreciate some help.

    I have a debt with Capital One on which I have been making token payments since 2000 (I had cancer requiring major surgery and was unable to return to work). Capital One were accepting these payments until a few months ago, when they started demanding to see copies of my bank statements etc rather than accepting my statement of income and expenditure. When I refused to send them in, they issued me with a default notice and passed debt on to Capquest.

    I requested a CCA and Capital One came up with a "reconstituted copy" which seems to be a copy of an application I made to upgrade from a standard card to a Platinum one (it was 1998 and I can't really remember exact details!) They also included 2 sets of terms and conditions, one which they said applied at time of application and one which applies to current agreement?)

    I have scanned the documents and uploaded them to Flikr (with help of sons as I am useless on computer!) if someone would be kind enough to take a look.

    http://www.flickr.com/photos/54947773@N05/

    Capquest have now written to me again with another threatening letter, saying if I do not contact them for settlement figure by 2nd November they will pass to solicitor etc.

    This is one of 6 debts I have all from 10 years ago and there is no way I can offer anything to settle!

    Thank you for any help you can offer.
    Tags: 2nd, account, action, advice, bank, barclaycard, calls, capital, capital one, capquest, cca, crapquest, creditors, debt, debts, default, default notice, email, emails, fine, letter, life, list, mercers, niddy, pay, payments, phone, repayments, stop, telephone, templates, thank you, unenforceability, unsecured, useless
  • #2
    Re: Capital One, Capquest and "Reconstituted CCA"

    Hi squirrel, and welcome to the site.

    I'm sure Never-in-doubt (niddy) will be along soon with some advice for you - however, in the meantime, do not worry, Capquest, (or Crapquest at they are affectionately known here) cannot make you pay what you do not have.

    Follow advice given by niddy, and you'll be fine.

    If you have several debts which you are struggling to pay, are you going down the unenforcability route with any of the others? If so, it will be worth starting a diary.
    If happy little bluebirds fly, beyond the rainbow, why, oh why can't I?

    sigpic

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    • #3
      Re: Capital One, Capquest and "Reconstituted CCA"

      Many thanks for your reply. I do have other debts all dating from around the same time, and I have been making token payments on them all. This is the first I have taken down this route, because they became so difficult and then issued the default notice.

      I thought I would see how I got on with this one first, but it all seems so complicated!

      Comment

      • #4
        Re: Capital One, Capquest and "Reconstituted CCA"

        Originally posted by Squirrelnutkin
        Many thanks for your reply. I do have other debts all dating from around the same time, and I have been making token payments on them all. This is the first I have taken down this route, because they became so difficult and then issued the default notice.

        I thought I would see how I got on with this one first, but it all seems so complicated!
        Hiya, welcome to allaboutDEBT ;Hi ;Hi

        Ok, first off you need to list each account you have using the following as guidance: ---> viewtopic.php?p=6789#p6789

        That post also explains what to email me and how to do it - please follow the advice carefully and stop making payments to all your unsecured creditors right now - you need to take stock of everything and to get their attention does mean cease repayments.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Capital One, Capquest and "Reconstituted CCA"

          Thank you...it is such a relief to get some help!

          I will do a list for you tomorrow...can I also email over the documents I have received aleady from Capital One? Capquest are now phoning me several times a day, from 8 in the morning; I never answer the phone as I screen all calls but it is still stressing me out!

          Comment

          • #6
            Re: Capital One, Capquest and "Reconstituted CCA"

            Hi Squirrel, you are in good company now, so you needn't feel alone.

            Have a read through the unenforecability templates to familiarise yourself with the process - there are loads of great letters there created by niddy. Don't worry though, you'll be guided on what to send and when.

            A telephone harrassment letter can be found here: viewtopic.php?p=178#p178

            If it doesn't work, there are follow up letters too. It helped me when Barclaycard and Mercers were driving me mad, and my phone is now (touches wood) silent!

            If all else fails, change your phone number. The calls are stressful, so whilst this might seem extreme, if they don't stop calling, take action to get your life back.

            DD xxx
            If happy little bluebirds fly, beyond the rainbow, why, oh why can't I?

            sigpic

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            • #7
              Re: Capital One, Capquest and "Reconstituted CCA"

              Thank you so much-I had no idea I had the right to ask them to stop them phoning. I wish I had known about this site before now!

              Comment

              • #8
                Re: Capital One, Capquest and "Reconstituted CCA"

                Originally posted by Squirrelnutkin
                Thank you so much-I had no idea I had the right to ask them to stop them phoning. I wish I had known about this site before now!
                Main thing, you're here now and we'll get you back on track....

                Update your debts tomorrow and i'll be here at night, tidy it up for you, and sort any emails you send.

                Chat soon


                Niddy ;Hi
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment

                • #9
                  Re: Capital One, Capquest and "Reconstituted CCA"

                  Hi Niddy,

                  I have emailed you with the CCA and all other documents Capital One sent.

                  Have also done a list of my creditors for you on the Diaries subforum-is that right?

                  Comment

                  • #10
                    Re: Capital One, Capquest and "Reconstituted CCA"

                    Unenforceability Diary is found here: ---> viewtopic.php?f=49&t=651
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment

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