Capquest has sent me a SD 6.1 letter

[Bozzy]

Re: Frozen Bank Account

If capquest want to take me to court under the bankcrupcy act fine but I will want to SAR the debt which has had a nice trail starting off at halifax then moving along to Albion,Castle collection , NCO and then ending up in capquests intray.

The SAR for the debt will see this paper trail and where all my money I paid back on the debt leaked out to.

The SAR for my now newly closed bank account and VISA account will tell me exactly what happened to the bad visa account as I suspect when I got the visa account under control (under the £1000 limit) halifax kept on putting on costs (on one of only a few visa statements I have these ret'd payment charge adj £20, returned d/debt unpaid £39.99, late payment charge £20 and over limit charge £20 on only one statement. other statements they just put it down as d/debit returned unpaid £108.80).

All these charges etc kept on pushing my balance over the limit however much I paid into the account via cash over the counter and the min d/debit (I really gave up after 5-6 months of this abuse of charges). Now I want to fight back and if some of these charges were wrong but contributed in putting my balance over the limit time and again then surely I can have my case looked at again in (even if it means in court) ?


TIA

Bozzy


EDIT:-

I not trying to wangle out of the debt as I have only three more payments left on an existing business loan to pay off and never ever missed a payment. The capquest fiasco all started when i paid £10 per month for 11 months by postal orders and i got a new d/debt letter from capquest asking for £12 and a d/debit mandate, also i got a letter a few days later saying I had not met my payments since january (they would have been all over me with letters and the like before ) these letters arrived in august, took them 6 months to tell me i had not paid in the last 6 months. This is when I asked for the CCA deed of assignment and full statement of the account from the inception of the debt (never did get that statement). with all this going on I bacame critically ill suffering a stroke and I am still trying to recover to this day (some days i just want to curl up and hide in bed). This non payment nonsense was a contributing fact in me having a stroke.

sorry for the ramble.

[Bozzy]

Capquest has sent me a SD 6.1 letter

Today I recieved a Stat Demand letter 6.1 from Capquest.

I have checked the letter out and looks real enough but the dates of original creditor and assignees are dated 5th june 2005 in part C. But when I requested the CC agreement on 7th august 2006 (recorded delivery) for the CCA, deed of assignment and full statement of account. I really wanted to know the amount that was owed.

They sent me the deed of assignment and was dated 5th Sept 2006 (a dodgy looking one from HBoS with an edinburgh address on the bottom) and not from Halifax Leeds, a statement of account (really just a balance of the alledged debt) dated also 5th Sept 2006 with the same amount and a badly photocopy of a credit card application (I cant see the credit limit nor the APR but see a checked box for direct debit for the second part of the month and no terms and contions).

I also got a Capquest headed letter saying contact us to 'discuss the best option available to you' I guess to avoid going to court.


I did start payment to them but I think that was due to harrassment then anything else and paid 11 months of £10 in postal orders until the started 'a review' this is where I asked for all paperwork they replied in a letter that they did not recieve the last 6 months payments (they would have been all over me if i had missed just one ?). The stress of all this and the missing payments was so overbearing that I suffered a stroke due to hypertension.


I now need to work out a stratagey


1. Can I now ask for a SAR(s) for free because it is needed in my defence (i saw a good letter template about SAR(s) but cant find it).

2 should i now go to the police about missing money (i have a few counterfoils and receipts for postal orders.

3 The dodgy deed of assignment. I send a copy to fraud dept of halifax (i dont know the address)

4 I need to SAR the Halifax accounts in order to prove execessive fines/charges and payments I made to an earlier DCA that was working on the Halifaxs behalf and what is the Halifax's address I need for a SAR ?


There is a little more info in the banks / general thread / frozen bank account.


I am not trying to cop out of payments but I have paid over £500.


TIA

Bozzy

[Amethyst]

Re: Capquest has sent me a SD 6.1 letter

I'll merge threads and move to here with new title so its easy to read back ----> DONE

[Curlyben]

Re: Capquest has sent me a SD 6.1 letter

SD's are being used by more DCA's in an attempt to scare people into making payments.
Well in my opinion this is completely out of order and the gloves are now firmly OFF.

First, get another CCA request into CQ for all the usual paperwork, NOW.
Remember to send it recorded and DON'T sign it. A handwriting font will do.
There's a great CCA on post #4 here: Consumer Credit Agreements - A Guide - Legal Beagles

If the "agreement" is as bad as your describing then that is perfect grounds for the set aside of the SD. No compliant credit agreement.

As Ame mentioned if you could scan it that would be great.

These companies will soon learn that such tactics will NOT be tolerated.
I would also be inclined to report them to Trading Standards for this harassment.

[Bozzy]

Re: Capquest has sent me a SD 6.1 letter

Just noticed that they have the wrong court for my postcode ????

They have the Newcastle county (newcastle quayside) court not the north shields county court (royal quays, north shields)

edit

My bad no mention of bankruptcy in north shields (also no linked courts too) but there is in newcastle

[Curlyben]

Re: Capquest has sent me a SD 6.1 letter

I wouldn't worry to much about the details as this is simply meant as a scare.
Let me guess did it come via normal 2nd class mail, possibly from UKmail ?
Wasn't 1st class recorded or anything ??

[Bozzy]

Re: Capquest has sent me a SD 6.1 letter

came in a A4 envelope with return address CDR p.o. box 2768 bristol bs4 9dd which had a pre-printed Royal Mail postage paid 1st class stamp ?.

[Curlyben]

Re: Capquest has sent me a SD 6.1 letter

Yep that'll be a bulk mailer then.
Doesn't really matter, just interesting to know.

[Bozzy]

Re: Capquest has sent me a SD 6.1 letter

Update:

Received a letter from Capquest today.


'
Further to our recent correspondence.

Prior to the start of legal proceedings various checks and validations are undertaken to establish facts around your current circumstances.
During the process it has been established that there are no outstanding County Court Judgements (CCJ's) registered against you at the above address. In addition, at the time of this process your credit score with one of the main credit reference agencies was 358.

We are highlighting this to you as a matter of urgency. If we need to start the legal process and a judgement is awarded against you this will remain on your credit file for six years.

A judgement may have a damaging effect on your ability to obtain credit, both now and in the future and may result in you being refused simple credit agreements such as a mobile phone contract. A more serious consequence may be when applying for mortgages, credit cards or loans with acceptable interest rates, a CCJ registered against you will restrict the oppotunities to get the most cost effective option available.

We are not seeking an immediate payment in full; we can offer many repayment methods that can be designed around your current circumstances, which may include possible settlements that will save you money. All we ask is that you make contact on 0870 084 351, before 07 Oct 08. No contact by this date will result in your account moving towards litigation.

Lets work on this together.

'

Wow they are been so nice now ?. Is it because They lost six months of my payments I made under duress before getting clued up and asking for proof they owned the debt ?. I thought been threatened by Bankruptcy using the SD tactic they mentioned on the 20th August has been stopped as I have yet to recieve the letter from the court about my bankcruptcy date.

Does this mean they are taking me to court the standard way now ?
Do they need to send a new SD as the old one may have expired by the 07 Oct?


I wish the'd get their butts into gear as I cant afford the bankcruptcy fees myself :tinysmile_grin_t:. Also I can point out to the judge capquests trail of deception, lies and harrasment I have recieved since 2004 including the famed Telogram letter.


Why could thay have been transparent and polite as this letter (the letter does just state the obvious ) at the very beginning ?

Will keep you all posted on their next move.

[WendyB]

Re: Capquest has sent me a SD 6.1 letter

Just catching up on this thread again. Did you ever do the SAR and gt the ball rolling to reclaim the charges on your credit card?

[jo5ephedward5]

Re: Capquest has sent me a SD 6.1 letter

Hi - first post and interested if you have got anywhere off this?

I'm in th same boat, i've even got the same dodgy 'deed of asignment' letter as you!

i have called Halifax today who dont thin they sent the letter and will confirm it to me in the next 10 days.

My debt is for an alledged bank account and the total outstanding is nearly 3K!!! - i dont believe i ever owed Halifax this kind of money if any at all!

I'm sick of CapQuest - i too started paying them which was a mistake as it woudl now be statute barred if i hadn't!

i have had a Statutory Demand off them and i'm just filling in the forms to have it set aside - i hope its succesful, if it is then i will be sueing them for the payments i previously made plus interest, costs and damages!

[Bozzy]

Re: Capquest has sent me a SD 6.1 letter

Hi all. I have not heard a peep from Carpquest since their letter I received on the 26th Sept and I am expecting a barrage of letters from them soon (they seem to send out letter after letter just before Xmas) and I am keeping you all up-to-date.



To jo5ephedward5

Thanks for the interest. If you really don't know about the debt and sure you have never dealt with the Halifax before in your life, I recommend sending a denial of debt letter which is maybe in the templates section and sending that letter to the Halifax including the bank account number as it maybe a mix up on ID's (got the wrong person) and dealing with the Halifax can stop Capquest in their tracks.

Well Night all, cya soon

[natweststaffmember]

Re: Capquest has sent me a SD 6.1 letter

Thanks for the update Bozzy

[Bozzy]

Re: Capquest has sent me a SD 6.1 letter

Well I received a letter from Capquest calling themselves 'Care debt Management' which basically I agree to pay a monthly amount starting on December with payment method with payments either been weekly or monthly in which they pay 100% of the payments I make (which is really halving the debt).

I have received one or two of these in the last few years to which i dont reply as usual as they still have not given me a clear answer (or any answer) to my question of the amount and a monetary breakdown of the debt when I asked for the deed of assignment etc.

I told you that they would start to send a gamut of letters just before Xmas :hohoho: I suppose it is Pshycology 101

I must have half a tree in envelopes and letters from Capquest. I don't think they are getting the point, that I wish they would take me to the bankcrupcy court or any court for that matter as I can't afford to do so myself with the extra cost of fuel and food in the past months going up..


I wish a merry Xmas to all Staff and users here at Legal Beagles and a happy new year.

[TUTTSI]

Re: Capquest has sent me a SD 6.1 letter

Hi Bozzy

This is the letter that was received eventually from CAPQUEST....together with my letter of 18/11/07 which did the trick.

Mrs Tuttsi

xxxxxxxx

xxxxxxxxxx

xxxxxxxx

FAX:- xxxxxxx

Cap Quest Debt Recovery
Fleet 27
Rye Close
Fleet
Hampshire
GU51 2QQ 18TH November 2007

BY RECORDED DELIVERY No:- xxxxxxxxx

Your Ref:- xxxxx

Dear Sir

Debt Purchase from Halifax PLC- Account No:_ xxxxxx

**** PLEASE DO NOT IGNORE THIS LETTER AS REGULATORY ACTION HAS COMMENCED ****

I refer to your letters of 18th September, 30th October and 13th November 2007.

In particular I refer to my letter of 17th September (copy enclosed):-

1. I draw your attention to paragraph 1 of that letter and you have not complied with the CCA request.

2. I draw your attention to paragraph 3 of that letter. You have supplied a copy of a Halifax Current Account Application Form but this is not a true copy of the original signed and executed credit agreement bound under the CCA 1974.

I draw your attention to the additional comments which I have made in that letter and also I have written to you tirelessly about this matter and repeatedly asking you to provide the above information within stipulated time limits as laid down by law, and which you have chosen to abuse. You have not provided me with the required information and you are harassing me for a debt which at law is now unenforceable. I have made no admissions to you regarding your claim, and I do not intend to do so. I view your correspondence and your lack of ability to supply information to me and instead harass me, as a serious breach of your trading licences. It is for these reasons that I have now lodged complaints and I will let your regulators deal with you accordingly. Furthermore and for the record should you ignore this letter, while there is a complaint in force and issue proceedings, I will use this letter and all previous correspondence to be submitted in affidavit form as a defence to any action you contemplate. I will also claim costs.
Yours faithfully


Mrs T


Debt Recovery




Dear Mrs Tuttsi

I write in response to a letter dated 18 November 2007 and can confirm I have completed my
investigation into your account. _ _^
CapQuest Investments Ltd purchased the above referenced account on 22 December 2006 from Halifax Pic. We were not made aware of any dispute or issue with your account on assignment.
We received your initial request in writing on the 05 April 2007 for a copy of agreement and deed of assignment. We contacted Halifax Pic for the relevant documentation. Halifax forwarded over documentation to us on 08 August 2007 which was then issued to you on the same day.
Due to the nature of your complaint a decision has been made to return your account to Halifax Pic in order that they may assist you further in this matter. I can confirm that your account is now closed on our system. You will receive no further communication from CapQuest Debt Recovery regarding this account. Please forward any further communication directly to Halifax Pic.
Should you wish to discuss this matter further please contact me on 0870 084 3626. Yours sincerely







Ms L Slater
Quality and Assurance Officer