Capquest

[Dunx9]

Hello,

Thank you for reading this.

I have been contacted by Capquest informing me that they are taking over the debt management from another company who were taking it over from the credit card company. I'm not sure who or what to believe on this and I have now received 2 calls a day over for the past week.So far I haven't returned any calls as I don't like talking to machines. Hopefully you can provide some guidance as to my next step.

Many thanks

Dunx9

[FlamingParrot]

Re: Capquest

Hi and welcome aboard

The fact is, you shouldn't be talking to anyone about this, neither machines nor people. All communication should be kept in writing. :typing: Have you been contacted by letter of just over the phone?

It would be useful if you could give us a bit more info about this account, have you been making payments, who was the card with, when you took it out, how long ago you defaulted, etc.

[nemesis45]

Re: Capquest

Hello,

Thank you for reading this.

I have been contacted by Capquest informing me that they are taking over the debt management from another company who were taking it over from the credit card company. I'm not sure who or what to believe on this and I have now received 2 calls a day over for the past week.So far I haven't returned any calls as I don't like talking to machines. Hopefully you can provide some guidance as to my next step.

Many thanks

Dunx9

Hi welcome,

How were you contacted in writing by post, e-mail, phone call.

Unless you have been informed in writing of such a change I would do nothing until properly informed on what's happening.
Feel free to name the companies involved it will help to get you full advice.

nem

[Dunx9]

Re: Capquest

Thank Flaming parrot
I have received a letter from them from 06/5/15 informing me that they are taking over the debt and would contact me on or after 4/7/15.
The card was taken out around 2000 and started to default during the latter part of 2013 as my work folded and I was unable to make payments. In march 2014 we contacted MBNA after having been in contact with NDL and commenced paying them a nominal amount. Since then we have received 2 letters, the capquest first followed Arrow, although the arrow letter was dated earlier. The arrow letter stated they had taken over the debt and had passed it to capquest. I have been back through all the letters and have not been able to find a letter from MBNA to inform us of the change and are as such still paying a nominal fee to them.

Thanks

Dunx9

[nemesis45]

Re: Capquest

Thank Flaming parrot
I have received a letter from them from 06/5/15 informing me that they are taking over the debt and would contact me on or after 4/7/15.
The card was taken out around 2000 and started to default during the latter part of 2013 as my work folded and I was unable to make payments. In march 2014 we contacted MBNA after having been in contact with NDL and commenced paying them a nominal amount. Since then we have received 2 letters, the capquest first followed Arrow, although the arrow letter was dated earlier. The arrow letter stated they had taken over the debt and had passed it to capquest. I have been back through all the letters and have not been able to find a letter from MBNA to inform us of the change and are as such still paying a nominal fee to them.

Thanks

Dunx9

A notice of " assignment" can be sent by the original creditor and/or the debt purchaser if a debt is passed to a 3rd party company to collect/manage then no further formal notice is needed.

nem

[Dunx9]

Re: Capquest

In other words, MBNA didn't have to let me know the debt had been passed on, as long as the debt purchaser informs me. And as Arrow global have passed it to Capquest, I will now have to deal with them.....

Thanks Nem

[Dunx9]

Re: Capquest

Presumably, it would be in my best interests to write to them ?

Thanks Nem and Flaming Parrot, Lets see what happens after I contact them.

Dunx9

[nemesis45]

Re: Capquest

In other words, MBNA didn't have to let me know the debt had been passed on, as long as the debt purchaser informs me. And as Arrow global have passed it to Capquest, I will now have to deal with them.....

Thanks Nem

Got it in one!!

Crapquest do have a tendency to make lots of phone calls if they start this write and tell them you will
only engage with them in writing if they don't stop it's easily dealt with.

nem

[Dunx9]

Re: Capquest

Thanks for the info Nem..... one polite, but prickly letter coming up.

[Roland]

Re: Capquest

A notice of " assignment" can be sent by the original creditor and/or the debt purchaser if a debt is passed to a 3rd party company to collect/manage then no further formal notice is needed.

nem

Again not quite true I am afraid under the eu legislation notice must be sent under the CCA also

http://www.legislation.gov.uk/uksi/2...lation/36/made

Assignment of rights

36. After section 82 (variation of agreements), insert—“Assignment of rights

82A.—(1) Where rights of a creditor under a regulated consumer credit agreement are assigned to a third party, the assignee must arrange for notice of the assignment to be given to the debtor—

[Dunx9]

Re: Capquest

Hi Roland,
Thanks for the extra info, thoughts on what should be done as I have no wish to prolong this situation

Dunx9

[Roland]

Re: Capquest

It is quite a young debt in terms of default date, so a long time to go until it is statute barred.
Have you ever done a CCA request for sight of the agreement, was there ever any PPI on this account.

What order of magnitude is the debt hundreds thousands ?

Do you have other debts you are struggling with ?

Sorry for all the questions but it may give a better indication of the best route for you to take.

[Dunx9]

Re: Capquest

Hi Roland
The debt is for £4388.28, what is a CCA and yes there are other debts and have been to NDL for advice. Most have accepted our position and in most cases we have increased the payment amount.

Thanks
Dunx9

[nemesis45]

Re: Capquest

Again not quite true I am afraid under the eu legislation notice must be sent under the CCA also

http://www.legislation.gov.uk/uksi/2...lation/36/made

Assignment of rights

36. After section 82 (variation of agreements), insert—“Assignment of rights

82A.—(1) Where rights of a creditor under a regulated consumer credit agreement are assigned to a third party,****** the assignee must arrange for notice of the assignment to be given to the debtor*********—

Nothing about the creditor having to issue an NOA itself!! REAL WORLD Most Creditors + the assignors do send NOA's and the assignee also send one often in the same envelope,

A poor band misguided interpretation " Must arrange for notice to be sent " often done by allowing the debt purchaser to provide the NOA on the creditors behalf.

I've said before please stop trying to derail threads by starting pointless discussions,

nem

[FlamingParrot]

Re: Capquest

Hi Roland
The debt is for £4388.28, what is a CCA and yes there are other debts and have been to NDL for advice. Most have accepted our position and in most cases we have increased the payment amount.

Thanks
Dunx9

It stands for Consumer Credit Agreement, basically a request for a copy of your credit agreement in accordance with ss77-79 of the Consumer Credit Act (also abbreviated CCA): http://www.legislation.gov.uk/ukpga/1974/39/section/78

s.78 applies to credit cards:

78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and
(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

You will find the template letter for a CCA request here, ignore the 2007 date on the post, it has been updated: http://www.legalbeagles.info/forums/...=7670#post7670 :thumb: