Capquest hell

[tonypully]

Can somebody advise me please, I had a debt with egg in 2007 which was passed to Clarity DCA and all was well and interest frozen,,then in 2009 Capquest DCA obtained the debt and started to take the payments. then one month they never claimed the direct debit mandate, which I never noticed and they sent me a letter stating I was in default ,,,,,I asked them to stop the interest but there reply was the arramngement defaulted and was not adhered to and the interest was in accordance with the terms and conditions of the original agreement ,,which was never with them. this was all in 2009.

At the same time I asked for a copy of the notice of assignment from MBNA, which they said they would forward but I never received..

My interest to date must be at least 2,000 on a 4,000 debt....

Any help please..
Tony

[Curlyben]

Re: Capquest hell

Interesting in more ways than one..
A DCA should not be adding interest UNLESS there is a clear contractual provision for the same.

So, throw a simple Prove It at CQ and see what shakes loose.
There's an example in post #4 on the first link in my siggie..

[tonypully]

Re: Capquest hell

Many thanks for your reply,,but what is siggie??? new to this site sorry

[Curlyben]

Re: Capquest hell

Siggie - Signature, the bit under the ______________
Or this link: Dealing with DCA's - Legal Beagles Consumer Forum

[tonypully]

Re: Capquest hell

Dear Curlyben,
I did as you advised and think I have got them on the run. I sent a second letter requesting that they comply immediately with my 2nd request for a true signed copy of agreement... but they just sent another letter dated 5th April asking for more time..as below

There letter read,, An investigation into the complaint will be carried out in line with there in-house procedure and as soon they have the results somebody will contact me...they also enclosed a handling leaflet for info::

Stating by day 5 blah blah
day 28
Also by a day 56..in the unlikely event.

they have asked If I could wait for there final response letter before contacting ombudsman.........

Basically I am asking what do I do next?
Many thanks for all your help
Tony

[Curlyben]

Re: Capquest hell

ROFLMAO.
Gee I've seen those letters before.
Well, for now just leave them to their navel gazing as they have defaulted on your request the "agreement" cannot be enforced until they do.

No matter leave them to stew
To all intense and purpose they're done..

[tonypully]

Re: Capquest hell

Dear CurleyBen,
You are fantastic a true Legend.......
Got a reply and they wrote of all the illegal interest,halfed the debt..

My other question is has my case got any more legs???????? and any more screw turning. Letter as below:::::

I write in response to your letter received in our office on 04 April 2012 and I can confirm I
have completed my investigation into your complaint.
CapQuest Investments Ltd purchased the above referenced account on 25 May 2007 from
MBNA Europe Bank Limited with an outstanding balance of £4,494.63. We were not made
aware of any dispute or issue with your account on assignment and have been acting in good
faith based on the information provided by MBNA. However, I can confirm payments totalling
£1,569.40 have been received since assignment and we thank you for your payments.
We acknowledge your request under the CCA 1974 for a copy of agreement regarding your
account. I can confirm your request was forwarded to MBNA directly, however, at present
they have been unable to supply this documentation therefore, your above referenced
account is unenforceable at this time.
I can confirm that your account will not be forwarded to any third parties and no further action
will be taken against you whilst your request is outstanding. However, CapQuest are under no
obligation to cease interest on your account nor are we obliged to remove your data from our
files inclusive of any defaults on your credit file applicable to the above referenced account
and at this stage will not be doing so as we are obliged to update the credit reference
agencies with accurate information.
I would also like to confirm that in the unlikely event we are unable to supply the relevant
documentation to yourself; this does not mean that your debt ceases to exist, nor does it
mean that we would have to close your account and remove any data held on file for yourself.
It would mean that we are unable to enforce your outstanding debt until such time you were in
receipt of the relevant documentation.
Please be advised CapQuest Investments Ltd are legally entitled to add interest to your
account at the same rate or a lesser rate as per the terms and conditions that were in place
with MBNA. However, subsequent to reviewing your account I note you have been making
payments since December 2007, therefore as a goodwill gesture all interest has been
removed and further interest is frozen. I have enclosed a copy of a print out of our statement
screen for your review which illustrates the above and confirms your outstanding balance to

be £2,566.21.

As I said earlier many thanks,,also do not mind making them a offer,????,,
Tony

[Curlyben]

Re: Capquest hell

In all honesty, it's YOUR call.
Personally I would ignore them until such time as they comply with the s78 request.

Interesting that they believe that they are entitled to add contractual interest when they have never proved absolute assignment or that there is a contractual right to do so, no matter..

Your choice..
If you want to finish this, you could try an F&F based on what has already been paid. Would close the book, but the CRA information is still there. They are unlikely to change this, but I did get them to do that with me