Capquest

[pinkynperky]

Hi,

I hope someone can advise me even though it is all my own fault. I'm a grandmother on highest disability and am agrophobic with many other problems and i don't deal with stress very well. I am on ESA and highest care disability now and i'm afraid i have gotten myself into debt with a some catalogues. one is Jacamo and the other 2 are Littlewoods and Woolworths. At the time i stopped being able to pay jacamo my debt was around 800 but with various interest and charges for non payment etc its now more like 1200. (I have been contacted by Jacamo for last few months but as of yet no debt collector letters). The others have added credit charges etc but nowhere near the extent of Jacamo. I had a couple of letters from capquest re Littlewoods and then tonight had a call at 8pm on my landline. I dont know where they got that number as there is no number listed with the catalogues and the one that used to be was my mobile. A man said 'Hi, I'm Adam from Capquest is that ****?' I said speaking as I had no idea who they were. I asked who Capquest were and he said really nastily 'Well you should know we've sent you letters.' I'm afraid because of my problems I got upset very quickly and said ' I told you i have no idea who you are and until you can speak to me with some respect you can go away'

I'm unsure what to do. I've been trying for an admin order for ages as i think with my debts which total around £3000 all together, will be difficult to pay for me. but because I have no CCj's i can't take one out. You need at least one CCJ i was told. I was told that everything is different now and they don't have to do the normal going to county court and then i make an offer to the court etc and get a CCJ, anymore but can simply go to a high court and get bailiffs without me having the protection of the county court or getting a CCJ. Does anyone know if this is true in regards to catalogues? If the only way a bailiff would get involved is if i was given a ccj and then didn't pay it i'm thinking that is the best route for me because as soon as they give me one i can apply for an admin order. I'm just worried that they can get bailiffs in without me having to go to county court and the ccj route.

I'm probably not making any sense at all and it could be a stupid thing for me to do but wondered if anyone knew which route debt collectors for catalogues take to recover the debt. Would their only option at the end be to take me to county court and would i then be given a ccj and the court decides how much i can afford to pay?

Thank you for any help

[FlamingParrot]

Re: Capquest

I hope someone can advise me even though it is all my own fault. I'm a grandmother on highest disability and am agrophobic with many other problems and i don't deal with stress very well. I am on ESA and highest care disability now and i'm afraid i have gotten myself into debt with a some catalogues. one is Jacamo and the other 2 are Littlewoods and Woolworths. At the time i stopped being able to pay jacamo my debt was around 800 but with various interest and charges for non payment etc its now more like 1200. (I have been contacted by Jacamo for last few months but as of yet no debt collector letters). The others have added credit charges etc but nowhere near the extent of Jacamo.

Hi and welcome!

First of all, don't stress! They are not worth the hassle, believe me, I owe a lot more than that and there are some on here with a whooping £150k worth of debt! :scared:

Any idea how long ago you took out those catalogue accounts?

I'm unsure what to do. I've been trying for an admin order for ages as i think with my debts which total around £3000 all together, will be difficult to pay for me. but because I have no CCj's i can't take one out. You need at least one CCJ i was told. I was told that everything is different now and they don't have to do the normal going to county court and then i make an offer to the court etc and get a CCJ, anymore but can simply go to a high court and get bailiffs without me having the protection of the county court or getting a CCJ. Does anyone know if this is true in regards to catalogues?

WHO said such a thing? :scared: :scared: That's absolutely not true! :lie: :lie: :lie: Nothing has changed with regards to unsecured debts, whether loans, cards or catalogues, they still have to take you to court and obtain judgment before they can send bailiffs. :juge:

Even with a CCJ, you'd normally agree an affordable repayment plan through the court, even a judge can't ask you to pay what you haven't got. You'd supply an income and expenditure form and if all you can afford is £1/month, that's all you pay. Lots of people with CCJs pay just that when they are on benefits or a low income. It would be extremely unusual to have bailiffs at your door for a debt of this nature, even with a CCJ. :thumb:

If the only way a bailiff would get involved is if i was given a ccj and then didn't pay it

It IS the only way, and even then, very rarely. :nono:

i'm thinking that is the best route for me because as soon as they give me one i can apply for an admin order. I'm just worried that they can get bailiffs in without me having to go to county court and the ccj route.

I'm probably not making any sense at all and it could be a stupid thing for me to do but wondered if anyone knew which route debt collectors for catalogues take to recover the debt. Would their only option at the end be to take me to county court and would i then be given a ccj and the court decides how much i can afford to pay?

Mostly, they will just pass the accounts round various debt collectors, who will write and ring. Most catalogue companies didn't require cuustomers to sign a credit agreement in the first place, so they have very little chance of enforcing them in court. :nono:

I'd say your first step would be to send Capquest a CCA request and see what they come up with. :thumb:

[FlamingParrot]

Re: Capquest

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[FlamingParrot]

Re: Capquest

I had a couple of letters from capquest re Littlewoods and then tonight had a call at 8pm on my landline. I dont know where they got that number as there is no number listed with the catalogues and the one that used to be was my mobile. A man said 'Hi, I'm Adam from Capquest is that ****?' I said speaking as I had no idea who they were. I asked who Capquest were and he said really nastily 'Well you should know we've sent you letters.' I'm afraid because of my problems I got upset very quickly and said ' I told you i have no idea who you are and until you can speak to me with some respect you can go away'

Didn't they ask you to answer some security questions under the Data Protection Act, to verify your identity, before discussing the account with you? The best thing to do is not to answer the questions and hang up. Log the calls you receive but don't speak to them at all, everything should be in writing. :typing: If they keep ringing, there's a letter you can send, asking them to stop.

[pinkynperky]

Re: Capquest

Thank you for the fast responses. This catalogue is around 2 years ago and the others around the same time. When he rang he just asked for me and i asked who was speaking. He said his name was Adam and that he was from capquest. I genuinley didn't cotton on who they were even though i have had two letters. I said i had no idea who capquest were and he instantly got horrible and said 'well you should know we've sent you letters' in an aggravated tone. Thats when i responded telling him to go away basically until he could show some respect. I will send the £1 off with the CCA letter on Friday and thank you for posting the letter to send. This is only one of the catalogues and I expect i'll get the same for the woolworths one and no idea which debt company for Jacamo. I guess i have to worry about one at a time.

Thank you very much for the very quick help especially as I know its my own fault for thinking i could cope with it.

[pinkynperky]

Re: Capquest

Am about to send off the letter as advised. Another letter from Capquest arrived today for the woolworths catalogue. Does that mean I need to send off two separate letters for each of the two catalogue accounts to Capquest or does one letter cover both? Also last night was shocked at having 7 phone calls from a mobile number from them. Started at around 6pm and went right through to 11pm. As soon as they said Capquest I put the phone down but virgin doesn't let me block calls and my phone doesnt show the number so always have to answer it.

Also am i doing the right thing in letting it go to court in the end? I know its a silly question but i generally act on emotions and not with my head. It just seems like an admin order which is free would group them all and let me pay a low monthly payment and protect me. My credit is now ruined anyway. I guess I'm asking for validation of my thinking in this. I'm alone here with my teenage son and worried some type of Phil Mitchell is going to turn up at the door.

PS: Sorry but forgot to add, do i ask for a signed credit agreement or just credit agreement as in the posted letter?

Thanks for any advice.

[FlamingParrot]

Re: Capquest

Am about to send off the letter as advised. Another letter from Capquest arrived today for the woolworths catalogue. Does that mean I need to send off two separate letters for each of the two catalogue accounts to Capquest or does one letter cover both?

You have to send a CCA request for each account, unlike a SAR, where a single letter would cover them all. You could send them in the same envelope though, to save on postage.

Also last night was shocked at having 7 phone calls from a mobile number from them. Started at around 6pm and went right through to 11pm. As soon as they said Capquest I put the phone down but virgin doesn't let me block calls and my phone doesnt show the number so always have to answer it.

Log every call you receive. You may want to look at this thread: http://www.legalbeagles.info/forums/...om+harrassment

Also am i doing the right thing in letting it go to court in the end? I know its a silly question but i generally act on emotions and not with my head. It just seems like an admin order which is free would group them all and let me pay a low monthly payment and protect me. My credit is now ruined anyway. I guess I'm asking for validation of my thinking in this. I'm alone here with my teenage son and worried some type of Phil Mitchell is going to turn up at the door.

It may never get to court, especially since you probably didn't sign any agreement for any of those catalogues in the first place.

For the admin order, you'll need to have a CCJ to start with.:incourt:

PS: Sorry but forgot to add, do i ask for a signed credit agreement or just credit agreement as in the posted letter?

It won't make any different because there won't be one, will there? :thumb:

[FlamingParrot]

Re: Capquest

Also am i doing the right thing in letting it go to court in the end? I know its a silly question but i generally act on emotions and not with my head. It just seems like an admin order which is free would group them all and let me pay a low monthly payment and protect me. My credit is now ruined anyway. I guess I'm asking for validation of my thinking in this. I'm alone here with my teenage son and worried some type of Phil Mitchell is going to turn up at the door.

Most threats of home visits are just empty threats. In the unlikely even someone did turn up, they have no more right to be at your door than your neighbour's dog! :beagle2222:

If you receive threats of home visits, you can send the following, revoking the right to visit you:

Dear Sirs

Ref: xyz

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

[pinkynperky]

Re: Capquest

Thank you yet again for the very fast and brilliant advice and for taking time out to reply to me. Will do as you say and send the two letters in one envelope and log calls and let you know when i hear back.

[pinkynperky]

Re: Capquest

Hi, just thought I'd update. Re the CCA requests I sent three of over 3 weeks ago, i received 2 letters today. One re Woolworths saying they will put my account on hold for 28 days while they try to obtain the information and the other for Very saying the same thing. I thought they said they purchased my debt so why don't they have the paperwork etc to go with it? Have to wait another month now just to get the credit agreements if i get them. I know I definitely signed no agreements at all.

Thanks for the help

[CleverClogs]

Re: Capquest

Any more 'phone calls, from "Adam" or anyone else at CrapQuest?

[pinkynperky]

Re: Capquest

lol don't know if its Adam but certainly getting a phone call every evening and I just refuse to give details when asked and put the phone down. Don't know if these letters re the 28 days will stop it for now. Does them saying 28 days to get the credit agreements requested mean they don't have to now abide by the 12 day rule? I wonder why, if they bought the debts, that they don't have these credit agreements they're looking for. They must need the time to contact the catalogues for them but thought they now owned the debt.

[pinkynperky]

Re: Capquest

Hi,

Its taken over a month but today received something confusing from them. They have sent me a typed credit agreement in which it states:

CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

At the top it has typed in my name and address and then goes on to describe in massive details Key features in which it says credit limit £400, then Costs of credit, further terms and conditions and at the bottom says:

This is a credit agreement regulated by the consumer credit act 1974. Sign it only if you want to be legally bound by its terms. It then has my name typed in where it says customer signature and a box ticked to agree to the agreement and the date of 6/9/12.

I'm really confused. I've never seen this before (Although and 53 and have bad memory) and I have never signed anything online to my knowledge and definitely never signed anything through the mail. Also i'm really confused because it gives no account numbers to say which account it is for as they are chasing me for very catalogue and woolworths cataloge. The first half must be for Woolworths but has no account number. Then after it and attached is a second credit agreement which must be for the Very debt. This one doesn't even have my name and adress typed and no typed in signature at all on the bottom of the agreement.

Very very confused. Does this mean they have a valid credit agreement for both accounts? Not sure what to do now. Also if as told here that they had to return them in 12 days but took 1 month to send what i can only see has something they've simply added my typed name to, does that mean because they took longer than the 12 days they cannot do anything?

Thanks for any help at all because now they've sent them i know the calls will start again



Thanks for any help.

PS: Also I think orginally I said that this wasn't the only company I'm dealing with and that Jacamo is the biggest debt which was originally £1300 when i could not longer keep up the huge interest and credit charges which were more than my monthly payment. It has now grown to over £1700 with constant charges. With these though the problem is that i have had many emails etc that i have kept going back and forth`I told them my situation and offered £10 a month if they could stop all interest and charges which are around £60 a month alone. They flatly refused.I have sent many communications only to still constantly receive letters saying I have refused to speak with them or come to an arrangement. That's all I've done and have the evidence of that. They make no attempt to take me to court or debt company, although the latest letter mentions Reliable Collections. They just seem happy to let the debt grow and grow by around £60 a month. If anyone has ideas about this I'd be grateful. As I said before I'm sure an Admin order would be best for me but as of yet nobody has given me a CCJ. I might be wrong in that its best so would be grateful for any advice on it.

Sorry for the ramble.

[FlamingParrot]

Re: Capquest

Its taken over a month but today received something confusing from them. They have sent me a typed credit agreement

Could you scan or take a picture of the alleged agreement and post it up here? :typing:

PS: Also I think orginally I said that this wasn't the only company I'm dealing with and that Jacamo is the biggest debt which was originally £1300 when i could not longer keep up the huge interest and credit charges which were more than my monthly payment. It has now grown to over £1700 with constant charges. With these though the problem is that i have had many emails etc that i have kept going back and forth`I told them my situation and offered £10 a month if they could stop all interest and charges which are around £60 a month alone. They flatly refused.I have sent many communications only to still constantly receive letters saying I have refused to speak with them or come to an arrangement. That's all I've done and have the evidence of that. They make no attempt to take me to court or debt company, although the latest letter mentions Reliable Collections. They just seem happy to let the debt grow and grow by around £60 a month. If anyone has ideas about this I'd be grateful. As I said before I'm sure an Admin order would be best for me but as of yet nobody has given me a CCJ. I might be wrong in that its best so would be grateful for any advice on it.

Sorry for the ramble.

Can you tell us a bit more about the history of this account? Did you take it out before April 2007? Have you sent a CCA request to them?

[pinkynperky]

Re: Capquest

Could you scan or take a picture of the alleged agreement and post it up here? :typing:
Can you tell us a bit more about the history of this account? Did you take it out before April 2007? Have you sent a CCA request to them?

Hi, thank you for the response. I've not sent anything to Jacamo as of yet. I'll try and scan in and put up the two agreements soon today Theres four pages on one though. Thank you again.