Re: Capquest letter before action - please help me!

[razza]

Hello again good folk,


I originally came on this site because I owed £97 pound to TMOBILE now the debt has been passed on to Hamptons Legal and it's gone upto £234.86. They have sent me a letter which has sent me into a deep depression. They say in it that if I do not pay within 10 days they have no other option to involve the courts. They also said they have assessed my financial situation and that they believe I can pay. How have they come to that conclusion? I've been unemployed for the last 5 months.


Will they take me to court? Sorry I'm a bit naive in these matters I'm 22 and I've never had to deal with debt collection agencies before. I have a lot on at the minute 2 deaths have occurred in my family in the last week and my entire family are going to Pakistan tomorrow so should I ask them for the money now before its too late? Because once they're gone I won't have any money to pay for the debt and I don't want to be taken to court whilst they are away.


please help! Is there a realistic chance they will take me to court and obtain a CCJ against me?? I can't get this out of my mind.

[labman]

Re: Capquest letter before action - please help me!

Are you sure this is a Letter Before Action, I suspect it may not be. Could you post up a redacted version of it please?

Obviously it cannot be guaranteed, but I think it highly unlikely you will be taken to court. You also need to know why the debt has increased so significantly.

[razza]

Re: Capquest letter before action - please help me!

It was with capquest now the debt has gone to Hamptons Legal. I can't find the letter but the gist of it was that if I don't pay within 10 days and they I quote "will have no other option but to involve the courts". They offered me a 50% settlement figure and they also said if I can't afford that they would be happy to arrange a suitable payment plan.

[labman]

Re: Capquest letter before action - please help me!

It's a shame you can't find the letter. I very much doubt you will be taken to court if what you have put above is correct. Do you have other letters from them? Have you received Notice of Assignments for the debt? I'd be very surprised if this is the first you've heard about it - a full history would be helpful.

[Guest]

Re: Capquest letter before action - please help me!

It was with capquest now the debt has gone to Hamptons Legal. I can't find the letter but the gist of it was that if I don't pay within 10 days and they I quote "will have no other option but to involve the courts". They offered me a 50% settlement figure and they also said if I can't afford that they would be happy to arrange a suitable payment plan.

It is very unlikely they will take you to court over such a small debt, if you are worried about it, have you thought of making them a monthly repayment offer. What ever you can afford, do it by bank transfer directly to their account and send them a letter itemizing the dates and amounts you will be paying , pay the first on or before you send the letter as a token of good will, if this is what you want to do.

Otherwise it is the waiting game, as said it is unlikely they will take this further but not impossible.

[wales01man]

Re: Capquest letter before action - please help me!

If the debt is 97 where does the rest come from?if the OP wants to pay 97 quid is easier to pay than nearly 235

[charitynjw]

Re: Capquest letter before action - please help me!

Hi razza

There's a long way to go between this type of 'may take it to court' letter, & actually doing so.

What would be good is for you to get all the documentation they hold regarding this debt.

If it were me, & I was worried about it, I would SAR them. http://www.legalbeagles.info/forums/...ur-information

I would also do a CCA request to obtain the original T&C's, & any subsequent modifications.

Will cost you £11 for both.

[Guest]

Re: Capquest letter before action - please help me!

If it is a mobile phone account it will not be covered by the CCA, so a CCA request will not be applicable of course. You could SAR though

[FlamingParrot]

Re: Capquest letter before action - please help me!

There's another thread about this very same issue and I've replied here: http://www.legalbeagles.info/forums/...024#post361024

Yes, you can SAR them, but it will cost £10 and the debt is such a small amount... :noidea:

[charitynjw]

Re: Capquest letter before action - please help me!

If it is a mobile phone account it will not be covered by the CCA, so a CCA request will not be applicable of course. You could SAR though

Well, I tried!...................

[Guest]

Re: Capquest letter before action - please help me!

Well, I tried!...................

Ha ha, if the phone had been sold on a credit agreement (which is possible) you may have been quite right.