Capquest still chasing with no CCA

[kcrcic]

Hi,
I'm wondering if you could offer any ideas on how best to proceed..

I requested my CCA from Capquest in Feb 2025 They returned my cheque and said they will assist in obtaining relevant documents from the original lender (Virgin Money defaulted April 2022), and calls and written communication will be suspended pending provision of the documents. They are yet to provide the CCA and i stopped paying in June 2024, however they are still writing & emailing me more frequently as the months pass. Letters have included very poor settlement offers, and encouragement to make contact with them to arrange a repayment plan stating that customers who have a re-payment plan in place avoid court orders etc. The letters never state if the debt is unenforceable or not.

Do i continue to ignore them until if/when the CCA is produced - or are they crossing the line still contacting me? Do i write to them saying they should state if the debt is unenforceable?

Thanks for any help with this,

[echat11]

Write a letter to them. Explain that you sent them a CCA request in February 2025. Your CCA request is still outstanding.
Further explain that the FCA Guidelines state that if an account is 'unenforceable' they should tell you that is the case.
They should 'mislead' you into believing that it is 'enforceable', by 'misleading' you they are in breach of the FCA
Guidelines. You will consider lodging a complaint with the FCA.

[kcrcic]

Write a letter to them. Explain that you sent them a CCA request in February 2025. You CCA request is still outstanding.
Further explain that the FCA Guidelines state that if an account is 'unenforceable' they should tell you that is the case.
They should 'mislead' you into believing that it is 'enforceable', by 'misleading' you they are in breach of the FCA
Guidelines. You will consider lodging a complaint with the FCA.

Brilliant- i will do this.
Thanks so much

[kcrcic]

Just to update - sent the letter as above. Capquest replied acknowledging my "complaint". They have now sent me an email offering a 40% discount on the balance. I'm hoping this is because they know they haven't got the agreement and it is unenforceable. I plan to still sit tight and wait to see what their final response is (if any) to my "complaint". Thanks for your help so far!

[echat11]

Just to update - sent the letter as above. Capquest replied acknowledging my "complaint". They have now sent me an email offering a 40% discount on the balance. I'm hoping this is because they know they haven't got the agreement and it is unenforceable. I plan to still sit tight and wait to see what their final response is (if any) to my "complaint". Thanks for your help so far!

There maybe more offers.

[kcrcic]

Hi just to update.
Capquest have replied, with 2 “CCA “documents. Both of which are 1 side A4 sheets of paper with my details and the original lender details, details of the APR rates and default charges.
There seems to be no T&C’s specifically, and it states that “the agreement with you is made up of the terms below as well as those set out in the accompanying leaflet” However, no leaflet has been supplied.

There are no dates confirming when account was opened (nov 2020), the only dates I can see are the dates on the bottom footer, which I presume are dates the agreement was made??

VM29365v1_TB0420A
VM31720V1_TB0421H

The document VM29365v1_TB0420A does seem to match the agreement Virgin sent to me from a SAR request I made, apart from a couple of minor differences such as my title “Mrs” included in the virgin document. There is a code up the side of the documents ending 3of110, Could this be pages?

They have also included full credit card statements from Virgin (the original lender)

Capquest are now saying this debt is now legally enforceable, but upheld my complaint for the "delay in providing the documents", and will send me a £50 cheque. There is also still a 40% settlement offer on the account.

My gut is telling me there should be more supplied to me than this for this to prove the debt is legally enforceable. Am i right?

Capquest states they are managing the account for the owners Intrum Finance, the info I have read about them are that they aren’t regulated?? Originally the account was with Arrow Global

Im not sure of my next steps- should I SAR request capquest? Intrum? to see if they have documents showing the debt was sold to them/transfer of ownership?

Any advice greatly welcomed and appreciated.

[echat11]

Hi just to update.
Capquest have replied, with 2 “CCA “documents. Both of which are 1 side A4 sheets of paper with my details and the original lender details, details of the APR rates and default charges.
There seems to be no T&C’s specifically, and it states that “the agreement with you is made up of the terms below as well as those set out in the accompanying leaflet” However, no leaflet has been supplied.

There are no dates confirming when account was opened (nov 2020), the only dates I can see are the dates on the bottom footer, which I presume are dates the agreement was made??

VM29365v1_TB0420A
VM31720V1_TB0421H

The document VM29365v1_TB0420A does seem to match the agreement Virgin sent to me from a SAR request I made, apart from a couple of minor differences such as my title “Mrs” included in the virgin document. There is a code up the side of the documents ending 3of110, Could this be pages?

They have also included full credit card statements from Virgin (the original lender)

Capquest are now saying this debt is now legally enforceable, but upheld my complaint for the "delay in providing the documents", and will send me a £50 cheque. There is also still a 40% settlement offer on the account.

My gut is telling me there should be more supplied to me than this for this to prove the debt is legally enforceable. Am i right?

Capquest states they are managing the account for the owners Intrum Finance, the info I have read about them are that they aren’t regulated?? Originally the account was with Arrow Global

Im not sure of my next steps- should I SAR request capquest? Intrum? to see if they have documents showing the debt was sold to them/transfer of ownership?

Any advice greatly welcomed and appreciated.

a) My gut is telling me there should be more supplied to me than this for this to prove the debt is legally enforceable. Am i right?

They should provide a copy of the agreement, Terms and Conditions, statement of account, Letter of Assignment and Default Notice to enforce the debt.

b) Capquest states they are managing the account for the owners Intrum Finance, the info I have read about them are that they aren’t regulated?? Originally the account was with Arrow Global

If it comes to Defending a claim then you can defend the claim. There 40% discount might be 'telling', no doubt further discounts maybe on there way.

c) Im not sure of my next steps- should I SAR request capquest? Intrum? to see if they have documents showing the debt was sold to them/transfer of ownership?

You should SAR the original Creditor - Virgin.

[kcrcic]

a) My gut is telling me there should be more supplied to me than this for this to prove the debt is legally enforceable. Am i right?

They should provide a copy of the agreement, Terms and Conditions, statement of account, Letter of Assignment and Default Notice to enforce the debt.

b) Capquest states they are managing the account for the owners Intrum Finance, the info I have read about them are that they aren’t regulated?? Originally the account was with Arrow Global

If it comes to Defending a claim then you can defend the claim. There 40% discount might be 'telling', no doubt further discounts maybe on there way.

c) Im not sure of my next steps- should I SAR request capquest? Intrum? to see if they have documents showing the debt was sold to them/transfer of ownership?

You should SAR the original Creditor - Virgin.

Hi thanks for your reply -

I have my SAR from Virgin. The last correspondence to me according to the SAR is a "Termination of your credit agreement" letter which stated "If payment of the outstanding balance of £5,952.27 is not received we may sell your account to a third party, who will take responsibility for recovering the money owed".
There is nothing after this from Virgin confirming they actually sold the account on (which they did).

Would it now be worth writing to Capquest regarding the fact that they are saying the debt is now legally enforceable given the CCA they have sent, and challenge this, due to the fact they have failed to provide statements/evidence showing they own the debt? I have not resumed payments, and worried they will be quick to start any legal action because they have told me its now legally enforceable.

Thanks so much for your time and help

Kathryn

[echat11]

Hi thanks for your reply -

I have my SAR from Virgin. The last correspondence to me according to the SAR is a "Termination of your credit agreement" letter which stated "If payment of the outstanding balance of £5,952.27 is not received we may sell your account to a third party, who will take responsibility for recovering the money owed".
There is nothing after this from Virgin confirming they actually sold the account on (which they did).

Would it now be worth writing to Capquest regarding the fact that they are saying the debt is now legally enforceable given the CCA they have sent, and challenge this, due to the fact they have failed to provide statements/evidence showing they own the debt? I have not resumed payments, and worried they will be quick to start any legal action because they have told me its now legally enforceable.

Thanks so much for your time and help

Kathryn

There should be Letters of Assignment to show the debt has been sold, again that could be part of your Defence.

No, don't write to Capquest. It's not for you to tell them what documents are missing or what they should provide to enforce an account.

If they make a claim against you, you are better off using the lack of documents as your Defence.

[kcrcic]

There should be Letters of Assignment to show the debt has been sold, again that could be part of your Defence.

No, don't write to Capquest. It's not for you to tell them what documents are missing or what they should provide to enforce an account.

If they make a claim against you, you are better off using the lack of documents as your Defence.

Thanks so much for your reply. IF they do make a claim, and provide what is required, would it be a case of setting a repayment plan up again? I'm just so worried about courts, the embarrassment /shame of family knowing. I'm self employed and worried it would effect my business.

Its still got another 2 years before it drops off my credit report and 5 before statute barred. I know deep down they probably haven't got the documents - otherwise surely they would have provided them. I'm just worried i'm going to be constantly "watching my back" for debt collectors/letters of claim for the years ahead.

I hoped it would be a case of disputing its legal enforcement based on the lack of docs above, and them confirming its not legally enforceable.

Thank you for your help

[echat11]

Try not to worry.

a) Thanks so much for your reply. IF they do make a claim, and provide what is required, would it be a case of setting a repayment plan up again?

Yes, but the documents they need to send need to be compliant.

b) I'm just worried i'm going to be constantly "watching my back" for debt collectors/letters of claim for the years ahead.

Debt collectors have no powers, other then being a 'nuisance'.

Update when you get something through.