Heeelp! CapQuest getting Heavy

[The Debt Star]

Re: Heeelp! CapQuest getting Heavy

I had a long term relationship with CrapQuest but we broke up about a year ago CC :violin:
They divorced me (I mean, how horrible ) when I made a formal complaint to their consumer credit manager, whch they IGNORED. And just because I then used that as an excuse to go to TS, the OFT and the FOS. 'twas in the early days of my consumer crusading and none of these organisations did diddly sqwat BUT it was enough to eventually get rid of CapQuest who handed the account back to the OC.

With compensation I might add for my distress after a relationship that had lasted 5 years was so suddenly terminated by them :Cry:

Message to OP: make a complaint, they'll balls it up and that'll open another line of attack for you to pursue.

[Kafka]

Re: Heeelp! CapQuest getting Heavy

vault

CQ will keep chasing you as long as they think there is any chance that you will pay, so you need to keep making it clear that they are ****ing in the wind.

See this summary of the issues that I wrote at another forum as it has some useful links too. The OFT state that if they continue to press you after you have informed them that its statute barred then you may have a claim for harassment. Threaten this and watch 'em run for cover.

Penalty Action Group Login

[CleverClogs]

Re: Heeelp! CapQuest getting Heavy

I see that the Office of Faffing and Twaddling stated:

continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

(link added by me)
There are two problems with that.

The first is that section 40 (3A) states:

Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.

The second problem is that section 40 (4) states:

A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400.

I would doubt that such lenient penalties would have been a significant deterrent even in 1970 and those penalties, having remained static despite 41 years of inflation, would surely be considered trivial these days. They should be increased tenfold!

[Nibbler]

Re: Heeelp! CapQuest getting Heavy

In the drafts for the new debt collection guidelines the OFT states that:

Continuing to press for payment after a debtor has stated that he will not be paying a debt because it is statute barred could amount to harassment.

and

Harassment is contrary to Regulation 7 of the Consumer Protection from Unfair Trading Regulations 2008

[vault]

Re: Heeelp! CapQuest getting Heavy

They don't seem to want to take any notice. I sent 6 and received 7 with an income/expenditure form. It appears that I DID make a payment.

Any advice?

[The Debt Star]

Re: Heeelp! CapQuest getting Heavy

when?

[Nibbler]

Re: Heeelp! CapQuest getting Heavy

That is the SLC telling them to continue to collect the debt. SLC clearly don't have a scooby-doo on the legalities of SB debts.

Have you reported Crapquest to the OFT etc yet?

If not, then it's certainly time to do so.

Make a complaint regards SLC as well. They are still a consumer credit license holder, and are responsible for the behaviour of the people they instruct to collect on their behalf.

[The Debt Star]

Re: Heeelp! CapQuest getting Heavy

You shoukd also make a formal complaint to CapQuest. When they respond sending you their pathetic customer complaints policy, you will find that another department at CQ will continue to puruse you despite the complaint. That is when I kicked up a real fuss and got CQ to drop my account Worth a go. Just make this account too much like hard work for them.

[CleverClogs]

Re: Heeelp! CapQuest getting Heavy

They don't seem to want to take any notice. I sent 6 and received 7 with an income/expenditure form. It appears that I DID make a payment.

Any advice?

Yes.

A Subject Access Request made to the Student Loan Company Ltd should reveal when the alleged payment was made and, when you discover that it was not, you will have something else to add to your complaint regarding CrapQuest.

Even if you had made a payment towards a statute barred debt, you would not have revived the debt which would still remain statute barred.

CrapQuest are known to be liars - link - so I would not be at all amazed to learn that not only was no payment made but also that CrapQuest had not even contacted the Student Loans Company,

[CleverClogs]

Re: Heeelp! CapQuest getting Heavy

You shoukd also make a formal complaint to CapQuest. When they respond sending you their pathetic customer complaints policy, you will find that another department at CQ will continue to puruse you despite the complaint. That is when I kicked up a real fuss and got CQ to drop my account Worth a go. Just make this account too much like hard work for them.

Or get your MP to ask a question in the House concerning the apparent inability of the OFT to regulate the antics of companies like CrapQuest.

[TUTTSI]

Re: Heeelp! CapQuest getting Heavy

I got them to stop hassling me.... I asked them to prove it and they could not prove that they owned the debt and when I complained - they dropped it very quickly. Never heard a word since - see my letter and their response.

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





Read more at: Capquest has sent me a SD 6.1 letter - Legal Beagles Consumer Forum

You shoukd also make a formal complaint to CapQuest. When they respond sending you their pathetic customer complaints policy, you will find that another department at CQ will continue to puruse you despite the complaint. That is when I kicked up a real fuss and got CQ to drop my account Worth a go. Just make this account too much like hard work for them.

[The Debt Star]

Re: Heeelp! CapQuest getting Heavy

Indeed Tutts, there's more than one way to skin a Cap (Quest)

[CleverClogs]

Re: Heeelp! CapQuest getting Heavy

Indeed Tutts, there's more than one way to skin a Cap (Quest)

Other than by baking them in clay, as one might do with a hedgehog?

You do know the differences between a DCA and a hedgehog, don't you?

A hedgehog eats garden pests and is therefore useful; moreover, a hedgehog has all its pricks on the outside.