CapQuest

[Never-In-Doubt]

Re: CapQuest

Debt 3
Type of account Capital One Credit card
Date commenced 2002 ish
Approx balance REPAID according to Capquest
Date last paid I cancelled the Standing Order in Oct last year

I had a payment agreement with Capquest to repay this debt at £30 per month by standing order. They have written to me saying that I started payments to them in May 2005 so i estimate that I have repaid £2000 or so to them for this. the letter also states that the account is now closed and has been returned to Capital One Bank. Because I was paying by standing order to Capquest, I believe they have continued to take the £30 a month even though this debt has been paid in full. How do I find out when it was repaid and how many months I have been overpaying them? is it a simple case of writing to them and asking?

Sorry to make this complicated.

Mick

If you paid by SO then just check your bank statements..... However as you are querying the repayments, you need to send this with £10 cheque/postal order and see what they send back to you: ---> SAR Request - Advanced Version

You send the SAR to whoever you were paying the standing order to, so if that went straight to capital one then you SAR them as the original creditor. If however you were paying capquest then you sar capquest as the agent of the debt.

[Never-In-Doubt]

Re: CapQuest

Hi matey

Debt 1 & Debt 2 - send the letter below (to capquest), put both accounts on the letter

Dear Sirs,

Account No: XXXXXXXX & XXXXXXXX

You have contacted me regarding the above accounts, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (insert company name). If anything, you may find that both accounts are in fact Statute Barred as they were last used around 2002 time when I was in the forces. No contact or liability has been made in over 9 years.

I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued". The OFT also say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully


Sign digitally

[Mickb1969]

Re: CapQuest

Debt 1.
Type of account Overdraft (joint account when I was married)
Date commenced 1992 ish but was locked due to divorce in May 2001.
Approx balance £1656.67 as at 14/3/2006
Date last paid 1991 when my pay would have gone in to the account.
Are you on arrangement or not paying made an offer to pay half when I left the army in 2002, since then I do not recall making any offer to pay anything.
Status Sold to Capquest in 2006
Account owner Capquest

debt 2
Type of account Overdraft (as far as I am aware)
Date commenced 2001
Approx balance £449.37
Date last paid 2002 ish when my pay would have gone in to the account (I switched to Lloyds TSB before leaving the army in Oct 2002)
Are you on arrangement or not paying......Not paying
Status As far as I know I have not made any offers to repay this overdraft.
Account owner Capquest

Debt 3
Type of account Capital One Credit card

Date commenced 2002 ish

Approx balance REPAID according to Capquest

Date last paid I cancelled the Standing Order in Oct last year

I had a payment agreement with Capquest to repay this debt at £30 per month by standing order. They have written to me saying that I started payments to them in May 2005 so i estimate that I have repaid £2000 or so to them for this. the letter also states that the account is now closed and has been returned to Capital One Bank. Because I was paying by standing order to Capquest, I believe they have continued to take the £30 a month even though this debt has been paid in full. How do I find out when it was repaid and how many months I have been overpaying them? is it a simple case of writing to them and asking?

For the first 2 debts, I am sure that in the last 6 years I would not have made any offers to pay them anything because I would not have had the means to pay anyway. I may have offered back in 2002 but they refused those offers at the time.

Sorry to make this complicated.

Mick

[Never-In-Doubt]

Re: CapQuest

Had a reply from Crapquest today. they say they can't understand why I have said I have no knowledge of 2 of the debts since I have previously acknowledged them and made offers to pay....I don't recall ever doing this.
On the other debt, they say it is closed and has been returned to Capital one bank. The thing is, I was paying that by standing order so how do I find out when it was repaid and how much extra I have paid them? Is there a magic letter template for that one?
Niddy, I have scanned their reply in full and am uploading it to you. One thing I can say is that I haven't banked with RBS since I left the army in 2002. I believe the debts were for a joint account and I did say I would be willing to pay half so long as they sought the remainder from my ex wife. That was definitely over 6 years ago though, more like 8 or 9.

Hiya

Can you confirm then, the RBS account - you definitely never paid anything or agreed anything since at least 2002?

Ideally it'd be better for you to read this: #2

Then provide the details requested (by replying to this thread) for all the accounts then i'll be better placed to help, as you're on about paying some and others being older, I am confused.....

When you provide this info then i'll sort you a reply to capquest to cover all 3 accounts.

You also queried capital one, I cannot answer with this unless you provide some background, again see this: #2

[Mickb1969]

Re: CapQuest

Had a reply from Crapquest today. they say they can't understand why I have said I have no knowledge of 2 of the debts since I have previously acknowledged them and made offers to pay....I don't recall ever doing this.
On the other debt, they say it is closed and has been returned to Capital one bank. The thing is, I was paying that by standing order so how do I find out when it was repaid and how much extra I have paid them? Is there a magic letter template for that one?
Niddy, I have scanned their reply in full and am uploading it to you. One thing I can say is that I haven't banked with RBS since I left the army in 2002. I believe the debts were for a joint account and I did say I would be willing to pay half so long as they sought the remainder from my ex wife. That was definitely over 6 years ago though, more like 8 or 9.

[Never-In-Doubt]

Re: CapQuest

The 2 debts in question are around 10 years old, so it will be interesting

Indeed it will, but you'll be fine, they need to prove it is you and that you made contact (or admitted the debt) within the last 6 years, if they can't then you'll argue for statute barred

[Mickb1969]

Re: CapQuest

The 2 debts in question are around 10 years old, so it will be interesting

[Never-In-Doubt]

Re: CapQuest

UPDATE....
I received 2 letters today for each of the "You know nothing of the Debt / Prove It Template" letters I sent out last week.
One just confirms receipt of my letter and the other says "This account is now on hold and an investigation will be carried out in line with our on-house procedure and as soon as we have the results of our findings, we will be in contact with you".
I am guessing that's a good sign

Lets wait and see what they come back with......

[Mickb1969]

Re: CapQuest

UPDATE....
I received 2 letters today for each of the "You know nothing of the Debt / Prove It Template" letters I sent out last week.
One just confirms receipt of my letter and the other says "This account is now on hold and an investigation will be carried out in line with our on-house procedure and as soon as we have the results of our findings, we will be in contact with you".
I am guessing that's a good sign

[Never-In-Doubt]

Re: CapQuest

Best of luck Mick

[Mickb1969]

Re: CapQuest

Update.
Today I sent off a few letters to CapQuest. 1 with a postal order for £1 for the CCA request and 2 denying knowledge of the debt and asking for proof.

In other news, I also sent a CCA Request to Barclays and sent off my official complaint to the FOS for a PPI claim against Lloyds.

I shall keep you posted.

[Never-In-Doubt]

Re: CapQuest

Ok well best of luck, keep us updated when you get things sorted etc....

[Mickb1969]

Re: CapQuest

I do follow it with Experian if that's what you mean?

I just checked on there and I don't see anything for Capquest or any other DCA's. There is nothing for Barclays and apart from a couple of late payments to an old phone bill in 2008, everything seems green.

It's Creditexpert.co.uk that I am registered with. I signed up to try and protect myself from id theft, fraud and to see who searches for me.....no one has for a while!!

Mick

[Never-In-Doubt]

Re: CapQuest

Ring the dca and ask for the original account number.... Or use the reference within the standing order and provide the address you were living at when the credit was taken out.

Do you have access to your credit file?

[Mickb1969]

Re: CapQuest

Thanks for the reply. Just one thing though, because it's been so long, I don't actually know what they are for or have an account number for the two I have been paying by standing order. There is just a reference number on the SO.
How do I find out what they are for?

Sorry, all this stems form a very messy divorce. I found that my ex wife had run up all of my credit cards, taken a loan out in my name, committed fraud and tried to get me to lose my house. It did all get on top of me and I did what I could at the time. I just want done with it all now.