Capquest and Egg,weird Capquest letter

[42man]

Send them a cheque for £5,000 then they will match it with another £1,500 request payment then when they don't comply put a DCA on to them....alternatively 'you agree to pay an amount of your choosing by direct debit or another method that may suit you' ....why don't you offer them 1p per month....!!! it seems they don't have a properly executed agreement anyway.....

[fuzzybobble]

If they can't produce a proper agreement, then I won't be offering anything at all lol.
Managed to get all the debts my girlfriends ex left her with made unenforceable over the last few months, so now having a go at sorting out my financial mess too.

I have no morals when it comes to using the cca request to avoid paying them. After all, if it was the other way around, they would be more than happy to screw me for every penny they could.

[vinegarvera]

Subbing with interest.

[gastropunk]

Originally Posted by ship1

Hi,
Capquest purchased a debt I had with egg,it was a loan from 2001.I asked Capquest for the CCA and they sent it to me although it was late.I was then advised on this forum to send a S.A.R - (Subject Access Request) to egg and to write to Capquest to say that I was in dispute with Egg and therefore to put a hold on the account until it was sorted with Egg. I sent the letter to Capquest by recorded delivery last week and today got this letter in the post from them(please see attached)

They have made no acknowledgment of the letter I sent saying I was in dispute with Egg.

Some advice would be great,is it normal for them to send these letters?

Thanks in advance.

Hi

Firstly capquest are not nice people, in fact, anyone who profits from someone else's misery ar ejust snakes. Just my opinion.

However, You do not have to correspond with them. You just tell them that you have been advised that third parties have no legal standing and you will not deal with them, only the bank concerned. Do not keep answering letters of no consequence.
Secondly, under the Consumer Credit Act 1974, they are not allowed to pursue or enforce an alleged debt while it is in dispute. Egg and themselves are vicariously liable for their actions in this case. If you have written, recorded and they have signed, they have received your dispute letter and you are in dispute. Stand firm on this, they will only use scare tactics.
should they ignore you, and they do, sure you will find a template here to tell them to bog off.

Here is one i've used and it usually stops them in their tracks:



DCA Address


Dear Sir



Thank you for your recent correspondence.

I have been advised that third parties have no legal standing in this matter and therefore I will not deal with third parties, I will only deal with the bank concerned.

Furthermore, I do not give you permission to interfere with my commercial affairs and so must decline any further communication.

WITHOUT PREJUDICE,


Your name (small case and don't sign)



If not then use this and this tends to do the trick :

Firstly, I have written to xxxxxxxx with regard to the above account and am awaiting reply.

Secondly, may I remind you that I informed you in my last letters dated xxxxxx, I have been advised that third parties have no legal standing in this matter and therefore I will not deal with third parties, I will only deal with the bank concerned.

I DID NOT and DO NOT give you permission to deal with my commercial affairs and so will decline any further communication.

I should also warn you that any further contact including, but not limited to, letters, phone calls, or personal visits from you or any third parties will be treated as harassment and extortion and will be dealt with accordingly.



DO NOT CONTACT ME AGAIN

Yours faithfully

WITHOUT PREJUDICE

Your name


Hope this helps

[gastropunk]

also should I add, never make any repayment plan with a DCA. Your dispute is with Egg and they must supply the 3 documents that make the contract enforceable. Egg cannot pass on your details to a third party without your consent. It may say they can on your agreement with them but as this agreement is not a valid contract it is null and void!

namely

Validation of the Debt (i.e the actual accounting)
Verification of their claim against you (sworn affidavit or even a signed invoice)
a copy of the contract binding both parties

Egg must supply these or the debt cannot be proved. Remember, you, as a natural person are different to the 'NAME' that appears in block capitals on your credit card (what you 'lawfully owe' Vs what you 'LEGALLY OWE' - fiction vs persons)

can be confusing but if you need any further clarification, let me know.

Best to do some research - Credit Consumer Act 1974, Credit Consumer (agreements) Regulations 1983 are 2 of the most important.

Terms you need to research - unjust enrichment
misrepresentation
lack of disclosure

[ODC]

Gastropunk First of all I would never advise anyone to put Without Predjudice on any letter to a DCA. This means the correspondence cannot be used in the event of a Court case.

DCAs do have a legal right to chase you for a debt if they purchase the debt from the original creditor. Im not sure where you get the idea they have no legal standing.

There is absolutely NO point in dealing with the Original Creditor IF they have sold the debt on. They will have wriiten the debt off and offset the debt against tax.

I do however agree with you on one point you make though Capquest are not nice people.

What however they do need is the correct paperwork such as the Notice of Assignment and the properly executed CCA.