Capquest!!

[Toots]

Hi all

I was wondering whether any of you can advise me what to do next?

Back in 2010 I had a severe mental breakdown and became unemployed. At the time I owed £5k to Santander and £5k to Lloyds TSB. I sought help from Citizens Advice (whom were brilliant) and they wrote to each lender stating that I could only afford to pay back £1 per month until I was financially 'back on my feet'. Both lenders agreed and I do have both agreements in writing.

Since 2010, I've worked hard with to get myself back to some sort of normality. I sold my house to cover mortgage debts and outstanding utility bills. I have regained my health and I am now in the process of starting a new job. However, also since 2010, I was informed that both my loans have been passed on the debt collection agencies. Capquest have my Santander loan and Cabot have my Lloyds TSB loan. I have been harassed by phone calls every day for the past 2 years. Having read your some of your threads before, I ignore them (my phone is perpetually on silent). To this day, I have never been left a message. Moreover, when I sold my house I had to move back in with my parents so all correspondence went there. I have since moved out but not informed either Capquest or Cabot as far as I am aware, their payments are made every month via standing order (I even upped it to the heady heights of £2 per month).

Yesterday I received a letter from Capquest at my new address (I can only assume they've looked at the electoral register?) informing me that my loan has been passed to them, that I have a third party representing me (citizens advice?) and I should continue to abide by the arrangement set (£1 per month).

Today I have received a letter informing me that my account is under review, that they're deciding what to do with my account and they want recent evidence to assist their decision. I don't want to give them any bank details (as advised by citizens advice). They inform me that my account will be held for 30 days and if they don't hear from me my account may be returned to their collections department on the 5th September. This contradicts their letter dated on the 6th August. They want me to phone them and I've read that you never deal with them over the phone.

I haven't started my new job yet and my first pay packet wont be until the end of September so I am unable to 'up' the payments. Ultimately, I don't want the stress of these idiots affecting my mental health when I've finally started putting my life back together. What do I do?? (Plus if Capquest have finally located me, it won't be long before Cabot latch on).

Thanks for reading and any advice would be greatly appreciated.

[FlamingParrot]

Re: Capquest!!

Hi and welcome!

First of all, don't worry, there are lots of people in the same situation as yourself. :grouphug:

You are right about not speaking to them over the phone, everything should be in writing. :typing:

DCAs are good at tracing people using the electoral register and DVLA records amongst others, in a way, it's not as negative as it sounds, because you don't want to be unnecessarily contacting them if they're not bothering you, however, it's best if they know where to find you, because you don't want them issuing court papers to an old address and obtaining a CCJ in default without your knowledge.

When did you take out these two loans?

If it was me, I'd be sending Crapquest a CCA request. You can keep paying your agreed tokens while awaiting their response. :thumb:

[FlamingParrot]

Re: Capquest!!

If it was me, I'd be sending Crapquest a CCA request. You can keep paying your agreed tokens while awaiting their response. :thumb:

You'll find a CCA request letter here: http://www.legalbeagles.info/forums/...159#post364159

It should be sent recorded delivery with a PO for £1 to cover the statutory fee and signed using a computer font rather than your real signature to be on the safe side. :grin:

[Toots]

Re: Capquest!!

Hi Flaming Parrot

I took out a Cahoot flexible loan in 2003, Cahoot subsequently got bought out by Santander. My Lloyds TSB loan was taken out in 2006 for £10k. I noticed I was being charged for payment protection which I didn't ask for and complained. I was refunded £3k give or take almost immediately. I've managed to get both loans just under £5k and had the charges frozen thanks the CAB.

I'll be sending a CCA request using a template off this site later on this afternoon

Don't get me wrong, now I have employment secured, I want to start paying what I owe but I don't want to leave myself short or have these hacks demanding more than my original repayments. In an ideal world I'd want to save up and clear my debts with the original lenders. As I haven't started my new job yet, I don't want to commit myself to paying more than the standing arrangement. I'm not on JSA or any other benefit so my income at the moment is literally nothing.

[FlamingParrot]

Re: Capquest!!

Hi Flaming Parrot

I took out a Cahoot flexible loan in 2003, Cahoot subsequently got bought out by Santander. My Lloyds TSB loan was taken out in 2006 for £10k. I noticed I was being charged for payment protection which I didn't ask for and complained. I was refunded £3k give or take almost immediately. I've managed to get both loans just under £5k and had the charges frozen thanks the CAB.

That's good news, :clap2: as both were taken out before April 2007, when there was a change in the law, making it harder to challenge agreements.

From what I've read, a lot of those Cahoot loans are unenforceable. :thumb:

I'll be sending a CCA request using a template off this site later on this afternoon

Well done! :grin:

Don't get me wrong, now I have employment secured, I want to start paying what I owe but I don't want to leave myself short or have these hacks demanding more than my original repayments.

Don't worry about that, we're here to help not judge. :nono: I myself have a few credit cards I haven't paid since the beginning of 2010, they are over half way through to Statute Barred. :grin: :grin: :grin:

In an ideal world I'd want to save up and clear my debts with the original lenders. As I haven't started my new job yet, I don't want to commit myself to paying more than the standing arrangement. I'm not on JSA or any other benefit so my income at the moment is literally nothing.

That would be impossible, as they've already been sold to debt purchasers. That means the original lender would have written them off for tax purposes and sold them on for around 10% of the alleged outstanding balance. If Crapquest can't produce an enforceable agreement, then they can't take you to court to recover the debt. :thumb: Given the history of this account, there's a good likelihood of this being the case. :grin:

[FlamingParrot]

Re: Capquest!!

Back in 2010 I had a severe mental breakdown and became unemployed. At the time I owed £5k to Santander and £5k to Lloyds TSB. I sought help from Citizens Advice (whom were brilliant) and they wrote to each lender stating that I could only afford to pay back £1 per month until I was financially 'back on my feet'. Both lenders agreed and I do have both agreements in writing.

Did you get a default notice when you stopped making contractual payments on both loans? Did you get a default recorded on your credit file? I'm asking this question in case you have already checked and know the answer, I'm not exactly suggesting you should check your files at this point,:nono: because doing so could well attract the unwanted attention of the other DCA (Crapbot).

[Toots]

Re: Capquest!!

I'd have to pull out all the paperwork - back in 2010 I was placed with a Crisis Team and under supervision from a mental health unit so it's all a little blurry. I have saved every piece of correspondence though (including stuff from the CAB) so that's another job for this afternoon.

[FlamingParrot]

Re: Capquest!!

I'd have to pull out all the paperwork - back in 2010 I was placed with a Crisis Team and under supervision from a mental health unit so it's all a little blurry. I have saved every piece of correspondence though (including stuff from the CAB) so that's another job for this afternoon.

That's good to know, :thumb: there's no immediate rush to locate the paperwork at the moment, take your time.

[CleverClogs]

Re: Capquest!!

I want to start paying what I owe

In the unpronounceable real name of the FSM (may His noodley appendages forever remain flexible!) why?

[labman]

Re: Capquest!!

Hi Toots,

I just want to say well done at this stage. Going from a full blown mental breakdown to the position you are in now is a phenomenal achievement. It is widely recognised that mental health issues and debt often go hand in hand, and there is support out there specifically for people with mental health problems - the best known being the stuff produced by MALG.

It's great to see you facing such a positive future, and dealing with these issues now to stop problems further down the line. :beagle:

[Toots]

Re: Capquest!!

Thanks for everything - CCA letter done and winging it's way recorded delivery along with the £1 P.O. I have also typed out another letter acknowledging their desire to know about my current circumstances. It simply states that my income is currently nil (which it is), that I am not in receipt of any financial assistance from the DWP and that all correspondence needs to be in writing. I don't know if this is right or wrong. Having read some of the threads, peeps do say to keep the lines of communication open so by acknowledging their letter, I'm doing my bit. Just got to plough through the rainforest of paperwork now.

[Toots]

Re: Capquest!!

In response to Clever Clogs: tackling the debt issues is part of my recovery. I think I've done ok so far (I've paid off outstanding utility bills, mortgage arrears my dearest ex-husband left me with, an overdraft and a divorce). Sooner I can get these clowns off my case, I'm sure I'll feel much better

[Toots]

Re: Capquest!!

Labman: Thank you I've been very lucky as I've got a good network of support. Citizens Advice were fab. Debt and mental health issues go very much hand in hand. The day I decided I'd had enough of living I was faced with a mountain of sh*% ranging from money issues, work and poor relationships choices. After I came out of hospital, I basically lost everything including my home. Three years down the line, I've got my independence back, rebuilt my life and health. All I've got to do is sort these two loans out - the only two malingering reminders of a past life. I'll get there

[FlamingParrot]

Re: Capquest!!

Thanks for everything - CCA letter done and winging it's way recorded delivery along with the £1 P.O. I have also typed out another letter acknowledging their desire to know about my current circumstances. It simply states that my income is currently nil (which it is), that I am not in receipt of any financial assistance from the DWP and that all correspondence needs to be in writing. I don't know if this is right or wrong. Having read some of the threads, peeps do say to keep the lines of communication open so by acknowledging their letter, I'm doing my bit. Just got to plough through the rainforest of paperwork now.

I would just wait for their response to their CCA request before doing anything else, and keep paying the tokens in the meantime, that should do the trick for now. :thumb:

[FlamingParrot]

Re: Capquest!!

Labman: Thank you I've been very lucky as I've got a good network of support. Citizens Advice were fab. Debt and mental health issues go very much hand in hand. The day I decided I'd had enough of living I was faced with a mountain of sh*% ranging from money issues, work and poor relationships choices. After I came out of hospital, I basically lost everything including my home. Three years down the line, I've got my independence back, rebuilt my life and health. All I've got to do is sort these two loans out - the only two malingering reminders of a past life. I'll get there

Those are the things that matter. :hug: Don't worry about the loans, they're likely to be unenforceable. :grin: