Capquest on the loose..........................

[mystery1]

Re: Capquest on the loose..........................

At what point in proceedings are you and small claims or fast track ?

M1

[jules1707]

Re: Capquest on the loose..........................

neither just letters from capquest. I requested a cca late last year which they haven't supplied, just a reconstituted t&c. I got the credit card in 1993........the debt is 13k to big for small claims I believe and in 1 year from this April it'll be sb

[mystery1]

Re: Capquest on the loose..........................

Well you're not getting a signed agreement and they don't need to give it to you. The recon seems to have a flaw so they'd struggle in court.

Chill would be me answer.

M1

[jules1707]

Re: Capquest on the loose..........................

The recon seems to have lots of flaws.....the statements have % apr, cash handling fees etc which are different to the recon they sent me. The recon has no account number, signiture etc. The recon has no mention at all about late payment fees but I've been charged them! so I just sit tight and see what happens next?

[mystery1]

Re: Capquest on the loose..........................

That's what i'd do.

M1

[jules1707]

Re: Capquest on the loose..........................

thanks M1 you and your colleagues advice is invaluable to me. This is all so scary and intimidating it helps so much knowing there are people there who understand and take time to help so thank you.

[jules1707]

Re: Capquest on the loose..........................

So this is the letter I received today from mapquest! any advice would be very welcome please?

[mystery1]

Re: Capquest on the loose..........................

You've come this far along the SB road that i don't see why you'd respond.

M1

[jules1707]

Re: Capquest on the loose..........................

It's not SB for another year yet, they're threatening legal proceedings if I don't respond. They can't go the small claims route as the debt is to large. What legal route are they likely to take do you think?

[ncf355]

Re: Capquest on the loose..........................

Deleted - mistaken!

[ncf355]

Re: Capquest on the loose..........................

Also, if you ignore and they DO issue proceedings, you can then fight along the enforceability of the agreement, default notice, etc

Worst case scenario you make them a last minute offer of £X pre month , which so long as i is amount that is reasonable based on your circumstances, they are likely to accept

Also, having sent you an open letter offering such a substantial discount, they arent really giving the impression they are confident of their ability to enforce this debt

[ncf355]

Re: Capquest on the loose..........................

Basically, as mystery says - sit tight for now!

[ncf355]

Re: Capquest on the loose..........................

Everything they are doing is designed to scare you into paying them a larger amount than they paid for this debt - remember that

[ncf355]

Re: Capquest on the loose..........................

Hmm

The fact this is likely to be fast track if taken to court means you could engage the services of one of our resident legal peeps - PT or Celestine at Howlett Clarke

I'm pretty sure if it went legal they'd happily take this on

[ncf355]

Re: Capquest on the loose..........................

You have shown above that the agreement sent cannot possibly be that you are alleged to have signed, so they are clearly in breach of the S78 request and cannot enforce - this is likely to be one of many clear defences to any claim they make