Capquest

[sag]

I maybe in the wrong part of the forum with this!

OK here goes. I need some advice.
I had a debt which I don't rember the value of with Capital one Visa over 2 years ago. I moved abroad in the hope that this and a LOT more debt would not catch up with me (stupid idea).
I have since returned to the UK and rent a property to which I have to pay the council tax in my name. I think due to the fact that I have to pay the council tax the creditors are finding me.
I received a letter from Capquest dated the 19.3.09 stating the wished to arrange a siutable plan to pay the debt of £1657.16 and they weren't seeking full payment and all the ask for is for me to make contact before 1.4.09 on the number provided. No contact by this date will result in your account moving forward to our solicitors HL Legal.
I missed the date to phone!!
I now have a letter from HL Legal stating.
TAKE NOTICE that unles this account is paid in full or a satisfactory proposal for settlement is received by 16th April09 court proceedings are necessary, the following costs will be added to the debt.
Ballance of account £1657.16
Court case £75.00
Solicitors cost £80.00
Total £1812.16

I only earn £240 a week and have 2 kids under 9 and a wife that doesn't work.

What can I do? PLEASE help

[WendyB]

Re: Capquest

Firstly, don't panic. I'm betting there are loads of charges on this card that you can claim back. Late payment, overlimt charges etc. Best thing is to send a SAR to Crap One requesting all your details, also tell them the account is in dispute. Send a simliar letter to Capquest/HL Legal asking them to prove that you owe this debt, and a breakdown of how the debt is made up. Once an account is in dispute they cannot chase for collection. The relevant letters are all here in the library.

And no doubt Curlyben will be along soon with details of how to send a CCA request to them prove that the debt is enforceable.

[Curlyben]

Re: Capquest

As if by magic.....

Have a good read of this: Consumer Credit Agreements - A Guide - Legal Beagles

Don't worry about HL as they are simply Solicitors-For-Hire and worth ignoring for now.

[sag]

Re: Capquest

Thanks for your reply. Firstly, what is an SAR? As I have received nothing from Cap 1 directly for 2yrs do you think I should still send them a letter asking for a breakdown and informing them the account is in dispute? My recent communication has just been from CapQuest & HL Legal, so i'll send them the letter you cecommended. Shall I send it to just CapQuest or both CapQuest & HL? If I want to get a settlement figure do you suggest I write directly to Cap 1? Would you recommend I offer them a low percentage myself rather than them giving me a figure. Have you any ideas what percentage they are likely to accept? I'm putting a letter to the bottom of this, is this the correct one to send to the DCA's?
Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

[WendyB]

Re: Capquest

Don't offer them anything at all. If they can't come up with the CCA then the debt is not enforceable anyway. When they get the CCA request Crap Quest will probably zap the debt back to Crap One faster than you can say CCA request. and anyway, if there are loads of charges to reclaim then you can reduce the debt that you owe them anyway. Do not offer to pay them anything until you know exactly what your position is - you might end up paying more than you have to.

SAR = Subject Access Request. Send one to Capital One with a cheque for £10 and they will send you everything they have re charges etc.

[sag]

Re: Capquest

Do I send the letter above (the one I put in my previous post) to Capquest/HL AND Cap 1 or just send it to Capquest and HL? Is it a different letter I send to cap 1? Do I ask for a SAR or Subject Access Request? Is there a letter template to request a SAR?