Capquest Statutory demand

[UK26]

Hi Guys look at this, a copy of letter i receievd

Balance £1285.11
Settlement £771.07

wonder why they offered a lower settlement once i pointed out there credit agreement was unenforceable?

Do you think they know this and trying one last attempt before giving up?

Letter History

12.02.08 Sent letter requesting copy of credit agreement


26.02.08 Default Letter sent to Capquest for not supplying requested documents within time scale


27.02.08 Letter received from Capquest providing an update


24.03.08 Letter received from Capquest providing an update


27.03.08 Letter received from Capquest with Credit Agreement, and Account Statements


12.04.08 I sent letter to Capquest advising the credit agreement is unenforceable due to prescribed terms missing


06.06.08 Letter received from Capquest advising they would serve me with a Statutory Demand


27.08.08 Letter Sent in response to there letter received on 06.06.08


30.08.08 Disputed Balance Sheet – This is a list of all illegal fees added to the account

[UK26]

Credit Agreement

[UK26]

Terms and Cons

[2Grumpy]

You have to give them some credit for having found a signed original agreement.

Not like the unsigned undated rubbish you get from NatWest.

Did you get the first letter recently? It gave you until 19th June to pay!

[UK26]

no, did receive it on time, but moved address in between, not been back on the internet that long.

they may have a signed agreement, but i doubt it is enforceable!!

hints why they are trying to offer a reduced payment, MAYBE

[PGH7447]

any charges you can reclaim?

[UK26]

there is a few over limit and missed payment fees of £20.00 per item

in one month


30.09.04 Over Limit Fee £20.00
30.09.04 Late Payment Fee £20.00
04.10.04 Payment Protection £7.80
04.10.04 Interest £20.83

Total Charges £68.63

Min Payment required £68.63

PPI was not indicated on the agreement

[UK26]

now i am peed off, look at this

[PGH7447]

so some charges to reclaim then

One looks a bit wierd, what is a "Plastics Upgrade Debt" ????

and other, other what?

[UK26]

Originally Posted by PGH7447

One looks a bit wierd, what is a "Plastics Upgrade Debt" ????

and other, other what?

i would sure like to find out, guessing looking at the statements maybe they charge £29 and class it as "Plastics Upgrade Debt" for increasing the credit limit

The outstanding balance consists of approximately £656.79 unlawful / unfair charges, which are over half the balance (£1285.11) claimed owed to the defendant. "Capqust Debt Recovery Limited"

PPI was not indicated it was accepted yet they have charged me for it


Due to the charges and also PI
there interest charged is also incorrect

[UK26]

here is a draft letter i will be giving my Solicitor on Monday ready for my meeting with them on Tuesday

Any thoughts Guys???

RE: Appointment Tuesday 2nd September 2008 – 15:00 PM

Instruction

I would like to appoint ****************** as acting solicitors on my behalf working a disputed credit card account, formally with Capital One Bank.

The account was allegedly sold to Capquest Debt Recovery Limited.

Brief Case Outline

I received a phone call from CaqQuest (The Defendant) on or around 31st January 2008 regarding an outstanding balance owed to them in connection to a debt with Capital One Bank. Hereon referred to as the credit card account.

On 12th February 2008, I sent the defendant a letter requesting pursuit to Section 78 of the credit consumer act 1974, a true copy of the executed credit agreement.

This request also required the defendant to supply a copy of the deed of assignment and statement of account.

On 26th February 2008, I served the defendant with a default notice pursuit to section 78(6) of the consumer credit act 1974 for failing to provide upon request made on 12th February 2008 for copies of documentation.

On 27th February 2008, I received acknowledgement from the defendant confirming they will provide the requested documentation.

Again on 24th March 2008 informing me they have contacted Capital One Bank Limited to obtain the information.

On 27th March 2008, I received a letter from the defendant supplying a copy of the credit agreement, and bank statements.

On 12th April 2008, I sent the defendant a letter regarding the credit agreement received on 27th March 2008 was not compliant with the consumer credit act 1974 due to not containing the prescribed terms, outlined within this legislation and furthermore the statements indicated a large number of unlawful and unfair penalty charges.

On 6th June 2008, I received a letter from the defendant informing me they intend to issue a statutory demand and later a bankruptcy petition.

On 27th August 2008, I sent the defendant a letter reminding them of previous communications that they where advised to cease processing data in connection with this account pursuit to section 10 of the data protection act 1998.

I also informed them that if they do not reply by 3rd September then legal action would commence against the defendant.

Concerns

1. The defendant has not supplied a sale of notice or deed of assignment nor have I received this from Capital One Bank to confirm the same.

2. The credit agreement does not meet the minimum requirements set out under the

Prescribed terms for the purposes of sections 61(1(0) and 127(3) of the consumer credit act 1974

The Prescribed Terms are

(1) Repayments

(A) A Term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(B) Number of repayments;

(C) Amount of repayments;

(D) Frequency and timing of repayments;

(E) Dates of repayments;
(F) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

(2) Rate of interest

(A) A term stating the rate of interest to be applied to the credit issued under the agreement.

(3) Credit limit

this may be a term or the manner in which it will be determined or that there is no credit limit

The outstanding balance consists of approximately £656.79 unlawful / unfair charges, which are over half the balance (£1285.11) claimed owed to the defendant.

3. The defendant has also supplied a credit reference agency, hereon known as Experian Limited (Defendant 2) with inaccurate information.

I have informed Experian Limited of this information but they refused to change / amend the entry as there client confirmed it is accurate.

[Need to insert the

Legislation which makes Experian (credit reference agency) responsible for having incorrect info and refusing to alter it solely based on the fact CaqQuest confirmed its correct]

Conclusion

• Capquest Debt Recovery Limited should NOT be enforcing the agreement or chasing for payments on a disputed account.

• The incorrect data supplied to the credit reference agency Experian Limited should be removed despite previous requests to both CaqQuest and Experian the later as been declined.

Action to be taken

What ever is required to secure the desired outcome. As per the conclusion above and to comply with section 10 of the data protection act 1998









Yours sincerely

[UK26]

Can anyone help with drafting up a N1 POC based on the above info??

would like the default removed, and Capquest prevented from taking any action and also comply with s.10 Data Protection Act 1998 request


not sure the best way forward


issue N1 for reclaim of charges- whereby reducing the amount owed
which would reduce the debt by upto 51%

then if they continue to chase payment for the remaining balance for the other 49% defend and say the agreement is not enforceable

the outcome i want, is default removed from credit agencys

[nevos]

Hi, IMO you should take a breath and consider matters more carefully.

I doubt they will issue an SD as it will cost them quite a lot, also if you counterclaim for the charges the debt is reduced almost below the amount they can legally petition you for.

There are plenty of other points to consider such as: Default notice: Copy of and proof of postng etc..do a bit of research you will find it all on CAG.

Good Luck..

[UK26]

Ok

Lets assume they don’t follow there threat and issue the SD

There is still the problem that the default registered with credit reference agencies and its clear its incorrect information, however I cannot get anyone to listen and remove it, both CRA and CaqQuest refuse to remove / update the default.

I can’t stand around and wait for another 4 years for the default to expire, where I live, its only a 2 year agreement, and I then have to move out, but all the landlords refuse to give me a place due to adverse credit

[nevos]

So far you have not made a claim for the charges right? if not then, the amount they say you owe is what you owe until, you win your charges claim plus say statutory interest 8% and or dispute the debt in court?

Once read a thread on CAG where a person had cleared their debts, had all the defaults and adverse credit removed from their file all except for Vodafone. They Vodafone defended the right to keep it on file for 6 years regardless as per the contract. Beware mobile phone contracts can effect your credit rating.

[UK26]

ok, so do you suggest, i take court action to first get back the charges, whereby if i win, the debt would be lower then they can legally issue a SD for?

then when they hit me with the remaining balance, the defence would then be there Credit agreement is not enforceable for ........... reasons?