Capquest

[hedgehog0045]

Capquest have just contacted me by letter to say they have been unable to provide a copy of the agreement for an egg card debt.

Do I consider this dead and buried now?

[stadium_arcadium]

Hi Hedgehog,

What did Capquest say? are they going to pass it back to the original creditor?
No agreement=no enforceable debt. If they do produce it in the future they could still demand payment, but would have to get a court order to do it.
In some cases where DCA's have passed the debt back to the original lender, they in turn will hand it over to another DCA. I don't have any experience with Egg, but you might find this won't go away as quietly as you may hope

[majorclanger100]

We've had the same with Egg. Originally it was with Moorcroft and we CCA'd them. They said they didn't have CCA and were referring the account back to Egg. Now we've been contacted by ARC Europe and are going through the whole process again.

[gherkin69]

Ugh!

this doesn't instil any faith in me!

I CCA'd CapQuest; they confirmed they nor Egg had a CCA available.
I wrote to CapQuest last week advising that as they have no CCA, the debt is not enforceable. In addition I requested confirmation that no further action will take place and my creditworthiness had not been adversely affected.

Today I get a letter asking me to contact them ASAP. I refuse to speak on the telephone to any DCA. So tomorrow a further letter will be sent to them referring to my previous letter and advising that any further spurious correspondence will be referred to OFT & my local constabulary with a complaint of harassment.

Anyone gone down this route? Wish me luck!

[Mincemeat]

Originally Posted by stadium_arcadium

Hi Hedgehog,

What did Capquest say? are they going to pass it back to the original creditor?
No agreement=no enforceable debt. If they do produce it in the future they could still demand payment, but would have to get a court order to do it.
In some cases where DCA's have passed the debt back to the original lender, they in turn will hand it over to another DCA. I don't have any experience with Egg, but you might find this won't go away as quietly as you may hope

If they 'locate' it in the future they wouldn't need a court order. What you need to get from them at the moment is that this particular account is dead and buried and will not rear its head again. You need to get them to remove all references of this account from the CRA's and a statement from Capquest to say that this is now closed and will not be chased in the future.

Be very weary of them botching together an agreement in the future. Feel free not to pay them any money from now on. There are letters floating around to this effect.

This is a result!

[Mincemeat]

Good luck ghirkin!

[hedgehog0045]

Hi all.

Capquest basically said that neither they nor egg has a copy of the agreement and I have also noticed that my Equifax credit file has been marked as settled.

[rory32]

Stadium just to clarify mincemeats post:

OFT response to failing to provide agreement:

For your information, the general effects of sections 77-79 requires the creditor/owner
(in the case of a hire agreement) under an agreement for (fixed-sum credit, running
account credit and hire agreement) to provide the debtor/hirer with a copy of the executed
agreement and a statement of account on request.

If a creditor/owner fails to comply with a valid request within a period of 12 days
(not including the date of receipt of the request) he may not enforce the agreement at all.
This prevents enforcement with or without a court order. If a default lasts for a month
(for example a calendar month) it constitutes an offence. We understand your concerns in
this matter but please do remember however that once the creditor/owner complies with
the request albeit out of time, he may once again enforce the agreement.

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement
and the statutory content of the agreement. The name, address and signature of the debtor do
not have to be provided. Additionally, the creditor must supply the total sum paid under the
agreement by the debtor; the total sum which has become payable under the agreement but
remains unpaid; and the total sum which is to become payable under the agreement by the debtor
(the latter two must include the various amounts comprised in that total sum and the date when
each is/was due). However, the copy must be a copy. It need not be exact on immaterial points,
but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have
difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody
would know what was in the original. When the trader comes to enforce the debt in court, he needs
to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot
otherwise.

In the absence of a copy of the original agreement someone's liability for a debt can only lead to
further query. However in circumstances like this we would view it is as unfair practice under
section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or
provide details as appropriate when a debt is queried or disputed.

[rory32]

"Be very weary of them botching together an agreement in the future"

Yes mincemeat I am very weary of this - but I assume you meant wary.

[Mincemeat]

Originally Posted by rory32

"Be very weary of them botching together an agreement in the future"

Yes mincemeat I am very weary of this - but I assume you meant wary.

Are you saying this in jest? Loads of posts on this website are mired in continual spelling and typing mistakes and you pull me up on this?

[rory32]

Of course I'm saying it in jest - I just thought it was a freudian slip on your behalf

[stadium_arcadium]

Originally Posted by rory32

Stadium just to clarify mincemeats post:

OFT response to failing to provide agreement:

For your information, the general effects of sections 77-79 requires the creditor/owner
(in the case of a hire agreement) under an agreement for (fixed-sum credit, running
account credit and hire agreement) to provide the debtor/hirer with a copy of the executed
agreement and a statement of account on request.

If a creditor/owner fails to comply with a valid request within a period of 12 days
(not including the date of receipt of the request) he may not enforce the agreement at all.
This prevents enforcement with or without a court order. If a default lasts for a month
(for example a calendar month) it constitutes an offence. We understand your concerns in
this matter but please do remember however that once the creditor/owner complies with
the request albeit out of time, he may once again enforce the agreement.

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement
and the statutory content of the agreement. The name, address and signature of the debtor do
not have to be provided. Additionally, the creditor must supply the total sum paid under the
agreement by the debtor; the total sum which has become payable under the agreement but
remains unpaid; and the total sum which is to become payable under the agreement by the debtor
(the latter two must include the various amounts comprised in that total sum and the date when
each is/was due). However, the copy must be a copy. It need not be exact on immaterial points,
but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have
difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody
would know what was in the original. When the trader comes to enforce the debt in court, he needs
to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot
otherwise.

In the absence of a copy of the original agreement someone's liability for a debt can only lead to
further query. However in circumstances like this we would view it is as unfair practice under
section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or
provide details as appropriate when a debt is queried or disputed.

Yeh, cheers, just read this in another thread. Every bit of info helps