Help with Capquest please

[dipstick]

Hi,

Have a written payment agreement with Capquest to pay £50 per month for a Very catalogue debt with an outstanding balance of £5472.14 which I have paid faithfully since they purchased the account in October 2013.

Out of the blue they have sent me a letter snappily titled 'Letter of claim under the practice Direction - Pre-action Conduct'.

Confused and concerned about this and would very much appreciate advice as to how to proceed. Pretty sure the catalogue account is pre 2007. Should i forward a CCA request asap? Should I acknowledge receipt of their latest letter and point out that I have a written repayment agreement with them.

Please advice - am very worried about this.

Thank you.

[FlamingParrot]

Re: Help with Capquest please

Have a written payment agreement with Capquest to pay £50 per month for a Very catalogue debt with an outstanding balance of £5472.14 which I have paid faithfully since they purchased the account in October 2013.

Out of the blue they have sent me a letter snappily titled 'Letter of claim under the practice Direction - Pre-action Conduct'.

Cheeky sods! :mad2: :mad2:

Can you post up the letter after removing your personal details? :typing:

Just because the letter is headed 'Letter of claim under the practice Direction - Pre-action Conduct' doesn't make it one. :nono:

In fact, most such letters are not headed like that at all. I was also going to say (sorry, was interrupted by the phone), that letters of claim under the pre-action conduct tend to be sent by solicitors acting for the creditor.

Confused and concerned about this and would very much appreciate advice as to how to proceed. Pretty sure the catalogue account is pre 2007. Should i forward a CCA request asap? Should I acknowledge receipt of their latest letter and point out that I have a written repayment agreement with them.

It wouldn't hurt to send one but do post up the letter.

[dipstick]

Re: Help with Capquest please

Hi Flamingparrot,

Upon reading similar posts on this fab forum, I discovered another member had received a copy of the letter they sent me too.

Cheekily, I have copied her thumbnail and attached it to this post.

Thanks for you help with this - family just sticking our collective heads above the parapet after a particularly bad period - could really do without this too. Feeling harassed!

[FlamingParrot]

Re: Help with Capquest please

As I suspected, this is not at all a letter of claim but a generic, templated threat-o-gram, and you confirm it yourself by saying someone else on here got an identical one! With regards to their points:

• Pre-action validation and checks? That smells strongly of !
• Your residential and employment status have no relevance to the debt, yet more of the above.
• The sanctions imposed for non-compliance with the pre-action conduct are in respect to costs, not normally awarded in the small claims track, where a claim of this value would be allocated.
• The parties should, indeed, exchange information, that would normally be in writing, not over the telephone. :nono: Ignore their requests to discuss matters over the phone, everything should be in writing.
• They allow you 14 days to contact the understanding little angels so you can set up a payment arrangement, which you already have! So what would be the point?

I'd be inclined to send the CCA request and see what they come up with. Keep making your agreed payments for now. Most of those old catalogue accounts were entered into without an agreement in the first place, so they're not likely to be able to find one. That fact could be used to dispute the account should they really pass it on to their solicitors. :thumb:

I'd say a CCA request should be suitable response to such a load of that does suit their name cr@pquest right to a tee! :grin:

Send the letter recorded delivery with a £1 PO to cover the fee, sign it digitally using a computer font to be on the safe side. They should respond in 14 days :flypig: - but are not likely to, since they'd have to go back to the catalogue company for documents.

Do post up if as soon as you hear from them again. :typing:

[Wombats]

Re: Help with Capquest please

Agree 100% with the above. I'd be very surprised if they can produce an agreement for the alleged debt. That doesn't stop them taking action, but making them aware you have some idea of how to deal with this and are not phased by such an official looking letter will make them think.