Help! I don't know where to go from here

[ruthee]

Hello,

I got a letter about a month ago from Capquest stating that I owed money for a loan that I have finished paying. I sent them a CCA request and they have sent me the CCA back, it states that the loan was for a period of four years and this was up in 29/04/2008. I had actually finished paying of the loan in November last year and Citifinancial cancelled my DD. When I requested the CCA I also requested a statement of payments which they have conviniently not included. I'm really worried about this as the letter with the copy of the CCA demands immediate payment, and states that the account is on hold until 21/11/10 I live in Australia and only received this letter on 26/11/10.

Please please please help! I had bookmarked the checkers and letters on MSE and now I have no access and don't know what to do next.

[Never-In-Doubt]

Re: Help! I don't know where to go from here

Hiya

Don't worry. You paid, you live in AUS (jammy sod lol) so sod em. You have proof you paid, just ignore them or write to citi and tell them to sort their shit out....

It's upto citi to sort the dca.

[ruthee]

Re: Help! I don't know where to go from here

I don't have proof of all payments as some came out of my account, my ex's account (who I am not in contact with) and an account that has been closed so don't have access to all the statements.

At the bottom of the letter from capquest it states that "if we do not receive contact from you by this date, your account will be passed to our collection department for further action"

Can they the sell the debt onto an Australian company and threaten me with balifs? Or take me to an Australian court?


They somewhow got hold of my mum's address and sent the orginal and another letter there threatening that kind of action along with court action so I gave them my address in Australia along with a letter telling them to that they had no right to threaten that kind of action on an address that I did not reside.

I'm also concerned as the amount keeps going up.

[ruthee]

Threat of DSV to my address in Australia - Can they do this?

Hi I recently posted and had no response to my last post. I've just received a letter threating a doorstep vist to my home in Australia - can they do this? I have sent Capquest a letter stating that I do not owe any money - the CCA shows that that this loan ended nearly three years ago. Citifinancial cancelled the DD with the back and have now sold 'debt' to Capquest. Can someone please advise what I should do? I don't have all proff of payment as some payments cam out of a bank account which is closed and some out of my ex's account.

[Elsie52]

Re: Threat of DSV to my address in Australia - Can they do t

Hi,

I am not sure what to advise you, but please be patient, Niddy will get round to answering you as soon as he gets chance....I have had threats of doorstep visit letters and they have been nothing more than idle threats to frighten you, so try not to worry.

Elsie

[Pixie]

Re: Help! I don't know where to go from here

Hi ruthee

I've moved your latest post to your original thread as it relates to the same debt.

Like Elsie says please try not to worry. I can't see anything happening in the near future. Lenders like to send out letters with threats to scare you. I've been getting letters similar to yours since July and haven't had anyone knocking on my door nor been taken to court.

You could request a statement of payments from Citi (I assume that's who the loan was with) though you'd have to pay. Have you written to citi as Niddy suggested?

I think your letter to Capquest probably crossed in the post with the letter from them threatening the doorstep visit. I'm sure these letters are computer-generated and it hasn't recognised the fact that you live in Australia.

Read through some of the UE diaries to get an idea of how dcas work. There really doesn't seem to be anything to worry about at this stage.

I'm a little bit puzzled though as to why you sent a cca request if the loan was paid off.

[size=5]edit:- Was the letter threatening a doorstep visit from Capquest or from an Australian dca?

[Never-In-Doubt]

Re: Help! I don't know where to go from here

Hiya

Ok sorry for being vague last time, obviously it appears something is amiss and to be frank you need to sort this direct with the actual lender. You should therefore be looking to contact the original creditor who will confirm things one way or another. If they refuse, then you send a SAR to them and they must then provide details going back at least 6yrs.

Point is, something aint right here is it? For a DCA to start chasing you.... now, as to the laws - yes, debts can be sold internationally so they could get someone from AUS to call but it'd be bloody silly, expensive and rather selfless to do such a thing.

Regards to the DCA respond with this - make them prove to you that you are the debtor here: ---> viewtopic.php?p=177#p177

Then contact the original creditor and ask for an explanation or request a SAR using this template here: ---> viewtopic.php?p=2312#p2312

That will sort things for you. If you have access to a FAX it may be best to fax the template to the DCA otherwise, just post as normal.

[ruthee]

Re: Help! I don't know where to go from here

Hi Pixiechick,

I sent a CCA request because H&L Legal sent me a letter to my mum's UK address demading payment and threatening court action for money that they claim I owed to Capquest. I didn't know who Capquest or H&L were so I did some research and from what I could find requesting a CCA was the best course of action I didn't come accross anything on SAR's otherwise I would have sent that. To be quite honest my mum was freaking out because after that letter came threats of baliffs etc so I was in a hurry to find something to send them and also give them my Australian address to put my mum's mind a rest. I've been living in Australia for two years now, I used my mum's adresss as a forwarding address for less than two months when I left the UK, I have never lived at my mum's current address so my mum was really pissed off that these letters were being sent and was really worried about having her address blacklisted.

The letter I recived threatening doorstep visit was for H&L Legal it seems that both Capquest and H&L are in this together.

[ruthee]

Re: Help! I don't know where to go from here

Hi Niddy,

Thanks for getting back to me. I received a letter from Citi stating that they had sold 'the debt' to capquest so do I still need to send the SAR to citi?

I'm not sure who to deal with becasue I've had the following letters in this order

H&L - stating I owed capquest ( replied by sending H&L CCA request)
Capquest - stating I owed Citi (replied by forwarding a copy of the letter I sent H&L)
Citi - stating debt has been sold to Capquest
Capquest - sent a copy of CCA
H&L - Threat of doorstep visit (replied with DCA response as you have suggested)

[ruthee]

Re: Help! I don't know where to go from here

p.s I think I've missed out a couple of letter that were sent to my mum's address at the start threatening baliffs after H&L sent the first letter. I'm not sure who they were from as mum mum has the letters.

[Never-In-Doubt]

Re: Help! I don't know where to go from here

Hi Niddy,

Thanks for getting back to me. I received a letter from Citi stating that they had sold 'the debt' to capquest so do I still need to send the SAR to citi?

I'm not sure who to deal with becasue I've had the following letters in this order

H&L - stating I owed capquest ( replied by sending H&L CCA request)
Capquest - stating I owed Citi (replied by forwarding a copy of the letter I sent H&L)
Citi - stating debt has been sold to Capquest
Capquest - sent a copy of CCA
H&L - Threat of doorstep visit (replied with DCA response as you have suggested)

Hiya

Regards to the DCA respond with this - make them prove to you that you are the debtor here: ---> viewtopic.php?p=177#p177

* You send this to both H&L & CapQuest (whoever chases you)

Then contact the original creditor and ask for an explanation or request a SAR using this template here: ---> viewtopic.php?p=2312#p2312

* You send this to Citi (the original lender)

[ruthee]

Re: Help! I don't know where to go from here

Thanks Niddy, you've been really heplful :-)

[Never-In-Doubt]

Re: Help! I don't know where to go from here

Thanks Niddy, you've been really heplful :-)

No probs, hope you can get this sorted.... keep us updated gh