Help With A Capquest Claim, Please

[manythanks]

Re: Help With A Capquest Claim, Please

Whoops...

[manythanks]

Re: Help With A Capquest Claim, Please

Did you respond to ANY of them?

Hello, FP, no - first thing to say is that I've been very poorly with a cyst in my spinal cord in my neck. I have mobility problems, memory problems - though I was surprised by their claim of 10 letters. Perhaps they sent some in 2009. I had a partner then and he took care of the mail because I was ill. It was in 2010 when my cyst problem really became grave and I had major surgery. I don't recall any letters in 2013 - or ever, really - apart from this pre-Action letter. I did recall something about CapQuest (and their dodgy reputation) when I got the pre-Action letter, but I was not concerned because I didn't believe that I owed such a figure, so how could they take me to court?


It does indeed highlight the importance of responding to the letter before action! I am the cautionary tale! I didn't realise at the time that this letter wasn't just a threat. I haven't owed money before or been in a situation like this, so only started to inform myself once the N1 form came along. This was the only time I think I've ever had a credit agreement for anything.

[FlamingParrot]

Re: Help With A Capquest Claim, Please

I didn't realise at the time that this letter wasn't just a threat. I haven't owed money before or been in a situation like this, so only started to inform myself once the N1 form came along. This was the only time I think I've ever had a credit agreement for anything.

Hello, FP, no - first thing to say is that I've been very poorly with a cyst in my spinal cord in my neck. I have mobility problems, memory problems - though I was surprised by their claim of 10 letters. Perhaps they sent some in 2009. I had a partner then and he took care of the mail because I was ill. It was in 2010 when my cyst problem really became grave and I had major surgery. I don't recall any letters in 2013 - or ever, really - apart from this pre-Action letter. I did recall something about CapQuest (and their dodgy reputation) when I got the pre-Action letter, but I was not concerned because I didn't believe that I owed such a figure, so how could they take me to court?

It does indeed highlight the importance of responding to the letter before action! I am the cautionary tale! I didn't realise at the time that this letter wasn't just a threat. I haven't owed money before or been in a situation like this, so only started to inform myself once the N1 form came along. This was the only time I think I've ever had a credit agreement for anything.

I hope you didn't think I was having a go at you, :nono: I realise many people are not able to identify the letters before action because they are not properly worded as such, nor are they compliant with pre-action protocols (hence my comments above).

These forums are read by a lot of people, many more than the ones who post and/or are registered users and it's always useful to mention things like these for reference, so next time someone gets a letter from a firm of solicitors, they don't dismiss it as an empty threat. :thumb:

[manythanks]

Re: Help With A Capquest Claim, Please

I hope you didn't think I was having a go at you, :nono: I realise many people are not able to identify the letters before action because they are not properly worded as such, nor are they compliant with pre-action protocols (hence my comments above).

These forums are read by a lot of people, many more than the ones who post and/or are registered users and it's always useful to mention things like these for reference, so next time someone gets a letter from a firm of solicitors, they don't dismiss it as an empty threat. :thumb:

No worries, FP, I understood what you were considering here and I agree. Thanks for the care.


I have a good photo of the Pre-Action letter but it is too big to add as an attachment. I'm just trying to host it somewhere and then link to it, unless there's another way around it?

[littlebert8]

Re: Help With A Capquest Claim, Please

You could resize the image file. 200 pixels per inch is usually fine for readability. You can resize the image in MS paint - an a4 letter would be around 1600x2300 pixels at 200 ppi. File should be a lot smaller then

[manythanks]

Re: Help With A Capquest Claim, Please

Thanks, littlebert, but to complicate matters further I am posting on a Kindle Fire HD, lol!!

I hope this works, hang on...

[manythanks]

Re: Help With A Capquest Claim, Please

I've cut the top of the letter off. It gave the account No, balance, and said the account was purchased from Capital One Bank. I'll try to post the other parts to the letter.

[mystery1]

Re: Help With A Capquest Claim, Please

It does refer you to the pre action protocols but makes no mention of the basis of the claim (not contacting them isn't the basis for a claim not pay as per term x is) there is no mention of any documents. I doubt a judge would be that interested in making an additional costs order against you in a small claim. They are trying to put the wind up you.

M1

[manythanks]

Re: Help With A Capquest Claim, Please

It does refer you to the pre action protocols but makes no mention of the basis of the claim (not contacting them isn't the basis for a claim not pay as per term x is) there is no mention of any documents. I doubt a judge would be that interested in making an additional costs order against you in a small claim. They are trying to put the wind up you.

M1

Thanks, M1...If the letter had mentioned documents, etc, then I would have sat up and taken some notice because it would have seemed serious and legal, lol. When I received this I just binned it because it seemed out of context to anything.

This is CapQuest's NoA

[manythanks]

Re: Help With A Capquest Claim, Please

This is the letter they claim VP Risk Operations sent me, handing them the assignment over. I don't remember VP Risk Operations.

[manythanks]

Re: Help With A Capquest Claim, Please

CapQuest haven't sent me the CCA or the default notice. But shouldn't I also have something from Capital One giving notice of assignment to this VP Risk Operations company or how do I know that they had the rights to claim the debt?

[littlebert8]

Re: Help With A Capquest Claim, Please

"VP Risk Operations" is a job title i.e. Vice President Risk Operations.

American firms like Cap 1 like titles like these. The toilet cleaner is probably called Vice President of Sanitary Operations

[manythanks]

Re: Help With A Capquest Claim, Please

Ah, I see, littlebert - nothing pretentious about that at all, oh dear!!

So I'm going to hope that they don't pull a fast one with a default judgement and give myself another 28 days - is this a bad idea? I need my defence in by Saturday if not. Thanks, everybody!

[FlamingParrot]

Re: Help With A Capquest Claim, Please

Ah, I see, littlebert - nothing pretentious about that at all, oh dear!!

So I'm going to hope that they don't pull a fast one with a default judgement and give myself another 28 days - is this a bad idea? I need my defence in by Saturday if not. Thanks, everybody!

See below,

OK, so at least they have admitted non compliance with your s78 request. As M1 says, this is a defence in itself.

The documents they have provided smell a bit fishy from the description provided. Can you take a photo with a phone camera perhaps? Just block out the personal info with post-its or scraps of paper

I think the best best option now is to build as strong avdefence as you can with what you've got. Crapquest might try to get it struck out with an application for summary. Judgement, but that will probably cost them more than the claim is worth.

One thing I'm a little concerned about is where they say you "broke the practice direction". They might be referring to pre-action protocol if you ignored the letter before action. Need to address this point or there may be cost implications

With regards to the pre-action protocol, they didn't actually follow them either:

It does refer you to the pre action protocols but makes no mention of the basis of the claim (not contacting them isn't the basis for a claim not pay as per term x is) there is no mention of any documents. I doubt a judge would be that interested in making an additional costs order against you in a small claim. They are trying to put the wind up you.

CapQuest haven't sent me the CCA or the default notice. But shouldn't I also have something from Capital One giving notice of assignment to this VP Risk Operations company or how do I know that they had the rights to claim the debt?

Yes, it would be a Notice of Assignment to Capquest. You may also have received an introductory letter from Capquest saying they'd bought your account.

[littlebert8]

Re: Help With A Capquest Claim, Please

I think your defence should include a paragraph that covers pre-action conduct - specifically that the letter before claim didn't provide an adequate explanation for the basis of the claim. Perhaps have a go at drafting a defence and post it up so we can comment. I think it might be best to try to get this filed by the original deadline as you don't seem to have a clear agreement to extend it

Yes, it would be a Notice of Assignment to Capquest. You may also have received an introductory letter from Capquest saying they'd bought your account.

The letter signed 'VP Risk Operations' will be a copy of the 'goodbye' letter from Capital One - the copy is just missing the Cap 1 letterhead as the original would probably have been on pre-printed stationery.