Capquest!!

[wales01man]

Re: Capquest!!

Have to agree with FP don't worry about the loans your more important

[charitynjw]

Re: Capquest!!

Well done, Toots.

You deserve the tee-shirt!

[Toots]

Re: Capquest!!

Morning All :tinysmile_grin_t:

I've received a letter this morning from Crapquest (dated 13th August). It reads:

'Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required.

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our collections Administration department, so that we can resolve this matter as soon as possible.'

Is this a normal response?? And seeing as I've requested a CCA, surely it's up to them to provide evidence?

I've gone through all my paperwork regarding this loan. It was first set up online in November 2002. The only written communication with the original lender, Cahoot was on 12th November 2008 when I changed details of a direct debit (this letter was confirming that). I have no written correspondence from Santander stating that they took over from Cahoot (the online facility basically ceased to exist without warning). I do recall going into a branch of Santander in July 2010, and was told by a member of staff that 'Flexi loans' no longer existed, that I couldn't use the facility and that's why I couldn't log on to check my account, as all online banking with Cahoot flexi loans had ceased. Santander first started sending out account statements in June 2010 with 'Flexi Loan' as the account name. This is the first ever correspondence I had from Santander. All statements give Santander's address until February 2012 when the address reverts back to Cahoot. Strange!!!

I have a letter from Santander dated 30th August 2011. It reads:

Account number: xxxxxx xxxxxxxx
Balance: £4,877.86 (+ fees/ charges if applicable)

Dear Ms X
I am writing to advise you that we will be referring your above referenced account to our agent Capquest Debt Recovery Limited. Until further notice, our agent will be responsible for managing your account on our behalf, and where appropriate, will take steps to come to an amicable arrangement with you on the repayment of the outstanding balance.
Should you already have an arrangement with us then the arrangement will continue to be monitored but will remain subject to further review of your circumstances. All future communications should be directed to them in the first instance.

I then have another letter dated 2nd September 2011 from Capquest confirming that they have had my account passed to them on behalf of Santander UK Plc. Capquest acknowledge that C.A.B were assisting me. 'This letter is to inform you of our involvement and to request all communications and future payments that are made by you directly or through C.A.B are sent to the address below. Please bring this letter to the attention of your C.A.B so that they too are aware of our involvement.

Is this the default notice which is referred by Flaming Parrot??

All loan statements ceased from Santander in August 2011, then a random statement sent in February 2012 with the change of address back to Cahoot. I have another statement sent February 2013 with Cahoots address. Between Feb 2012-Feb 2013, I have no other correspondence from Santander or Cahoot. From 2nd September 2011 until 6th August 2013, I have had no written contact from Capquest. Actually, the phone calls have become less frequent too.

[ODC]

Re: Capquest!!

Send CRAPquest nothing. You have made a legal request for your CCA. Its up to them to supply it within the appropriate timescales.

[FlamingParrot]

Re: Capquest!!

Morning All :tinysmile_grin_t:

I've received a letter this morning from Crapquest (dated 13th August). It reads:

'Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required.

That is the response we were looking for! :high5:

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our collections Administration department, so that we can resolve this matter as soon as possible.'

Is this a normal response?? And seeing as I've requested a CCA, surely it's up to them to provide evidence?

They seem to be using a one-size-fits-all template letter that in no way refers to a CCA request! :rant: As they have already confirmed your account is on hold, anything else on this letter can be safely ignored for now. :thumb:

I've gone through all my paperwork regarding this loan. It was first set up online in November 2002.

The only written communication with the original lender, Cahoot was on 12th November 2008 when I changed details of a direct debit (this letter was confirming that). I have no written correspondence from Santander stating that they took over from Cahoot (the online facility basically ceased to exist without warning). I do recall going into a branch of Santander in July 2010, and was told by a member of staff that 'Flexi loans' no longer existed, that I couldn't use the facility and that's why I couldn't log on to check my account, as all online banking with Cahoot flexi loans had ceased. Santander first started sending out account statements in June 2010 with 'Flexi Loan' as the account name. This is the first ever correspondence I had from Santander. All statements give Santander's address until February 2012 when the address reverts back to Cahoot. Strange!!!

Strange indeed, but not for Santander, who are not the most efficient of banks, having taken over half of the UK retail banking customer base, they haven't got a clue! :mad2: :mad2:

I have a letter from Santander dated 30th August 2011. It reads:

Account number: xxxxxx xxxxxxxx
Balance: £4,877.86 (+ fees/ charges if applicable)

Dear Ms X
I am writing to advise you that we will be referring your above referenced account to our agent Capquest Debt Recovery Limited. Until further notice, our agent will be responsible for managing your account on our behalf, and where appropriate, will take steps to come to an amicable arrangement with you on the repayment of the outstanding balance.
Should you already have an arrangement with us then the arrangement will continue to be monitored but will remain subject to further review of your circumstances. All future communications should be directed to them in the first instance.

I then have another letter dated 2nd September 2011 from Capquest confirming that they have had my account passed to them on behalf of Santander UK Plc. Capquest acknowledge that C.A.B were assisting me. 'This letter is to inform you of our involvement and to request all communications and future payments that are made by you directly or through C.A.B are sent to the address below. Please bring this letter to the attention of your C.A.B so that they too are aware of our involvement.

That would be the Notice of Assignment, although it doesn't sound like it was assigned in absolute, that is, the account wasn't really sold to CrapQuest, they are just acting as agents for Santander.

Is this the default notice which is referred by Flaming Parrot??

No, the default notice should state that it is served under s.87 of the Consumer Credit Act as well as giving details of the breach (such as late payment) and a date by which the breach should be remedied, as stated here: http://studentlawjournal.co.uk/artic...er/ccdfn07.htm

The default notice comes into play in the event the creditor issues court proceedings.

[Toots]

Re: Capquest!!

In that case, I have not received a default notice from either Santander or Crapquest

[FlamingParrot]

Re: Capquest!!

In that case, I have not received a default notice from either Santander or Crapquest

It would have come from Santander which was the original creditor. Crapquest is just a debt purchaser and they wouldn't have had anything to do with your account at that time. The DN is issued when you first start falling into arrears and it's meant to give you an opportunity to pay the arrears and go back on track before a default is recorded against you with the CRAs, your account is terminated or legal proceedings are issued. :thumb:

[Toots]

Re: Capquest!!

Morning

In the latest twist of Crapquest letters. Postie has just delivered this one (dated 15th August):

Dear Ms X
We thank you for your recent correspondence.
We can confirm we have removed your telephone number from our system.
Yours sincerely, Martin Best

I haven't asked for my number to be removed!

Still no sign of my request for a CCA though. The 12 days (+2) will be up on Saturday 24th August.

[FlamingParrot]

Re: Capquest!!

Morning

In the latest twist of Crapquest letters. Postie has just delivered this one (dated 15th August):

Dear Ms X
We thank you for your recent correspondence.
We can confirm we have removed your telephone number from our system.
Yours sincerely, Martin Best

I haven't asked for my number to be removed!

Even if you didn't ask, it can only be a good thing to get it removed!

Still no sign of my request for a CCA though. The 12 days (+2) will be up on Saturday 24th August.

Don't worry about that, the account will not be enforceable until they send something compliant. :thumb: Crapquest are debt purchasers and will have to get the documents from Satan's Den who were the original creditor. Knowing Satan's legendary "efficiency", it's possible they won't be able to whip anything up!

[Toots]

Re: Capquest!!

Evening All

Well, the deadline for the CCA has come and gone - what happens now? Do I continue making my token payment of £2 per month?

Hope alls good in the land of the Beagles and I'll keep you posted if I do hear from Crapquest

[Celestine]

Re: Capquest!!

Personally I'd allow the full 30 days before acting. It really is your call. If they cant find your agreement, they wont write and admit it usually, they'll just go very quiet LOL. From when you stop making payments it will take 6 years for the account to go statute barred.
However, if you do stop making payments, there is a higher chance they might issue a court claim or statutory demand, however, neither can be enforced whilst the s.78 is outstanding. This means a court claim/stat demand can be issued but cannot result in a bankruptcy or CCJ.

I would probably chase them up with a letter, or a RECORDED call asking them to put in writing the state of play with the CCA request.

[PlanB]

Re: Capquest!!

the deadline for the CCA has come and gone - what happens now? Do I continue making my token payment of £2 per month?

The ball is in Capquest's court so you have no need to do anything layball:

If you can manage to pay the £2 for a couple of more months then I would do that so long as it doesn't cause you any hardship. I expect they will write you a letter after a month to say that they are waiting for the original creditor to provide the documents from their archives :rolleyes2:

In the next two months Capquest will either produce the documents or they won't. They will know that they have a duty to tell you the situation under OFT Guidance on s.78 requests and unenforceability. That's the moment you need to make a decision on your next move and not before :tape:

I'm not keen on talking to DCAs or debt purchasers because they will always deny the contents of your call. Everything should be in writing so you have a paper trail for the Trial Bundle in court which we hope you'll never need

[Toots]

Re: Capquest!!

Hi

Thanks for the advice - it's truly appreciated

I'll continue to pay my £2 per month until I actually receive something from them. It's no problem paying that minimal amount and it means my stress levels are low as I know they can't badger me for more money. The phone calls have ceased completely

Onwards and upwards!! I hope this helps anyone going through something similar. You guys are absolute superstars!!

If I do hear owt from Crapquest, I'll let you know. Thanks again

Toots x