Capquest and Egg,weird Capquest letter

[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 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.

[oneofakind]

well, call me cynical, but I think you've been 'specially selected' for this generous offer because they have no enforceable agreement, and they know you're on to them!

File under 'ignore' for the moment. the main issue is your CCA. do you know if it is valid?
Can you post it up here for checking?

[sosumi]

I've seen this kind of letter before - not sure if here or maybe Debt Questions.
I have seen it before. Sure of it. If you agree then they have a brand new credit agreement from you. And 0870 is a premium rate number, not 'national call rate'?
Someone here will know better than me!

[ship1]

Hi,

oneofakind, yes I do have a cca they sent and I think it looks okish! I have uploaded it so anyone who knows can perhaps tell me.

[Edz11]

The agreement as is, is "improperly executed". It contains no indication of charges payable on default (which is a term that must be in the agreement, although not a prescribed term - not in the terms and conditions).

As oneofakind says - S78 also mentions a that you should get a copy of any other document referred to in the agreement. Well, they haven't provided a copy but have mentioned the "terms" in the agreement.

[oneofakind]

Well, all the prescribed terms seem to be there, but did they send you the T&C, which forms part of the document? It's incomplete if they didn't.

sosumi, I've seen that letter before, too. Think it was on here somewhere a month or two ago.

By the way, what's happening with your claim now? I assume you've Subject Access Request'd Egg to claim for charges, is that right? how much do you expect you'll be able to claim back?

[ship1]

I have not sent the S.A.R to egg yet,I was going to before the end of this week. I don't know what I would get back.I don't really know what I am doing! Someone on here said I should do it as Capquest want just short of 3.5k from me. The original loan was for 5k and I paid it for 3 years.I only stopped paying it when I got sick and could not work.It seems very high the ammount they want,so I was told it would be a good idea to send a S.A.R. to egg.

No Capquest did not send the terms and conditions with the CCA.What should I do about that? I did not realize that it was incomplete without the T&C's.
I am very confused!

[ODC]

I agree these specially selected once in a lifetime offer are usually a DCAs last ditch attempt at getting something for an unenforceable debt.

[caledfwlch]

I posted about a very similar letter I recieved a few months ago. I have not CCA'd them though, it simply arrived presumably because I had ignored the preceeding 20-25 letters that they and their friends HL Legal sent me

http://www.consumeractiongroup.co.uk...st-letter.html

[ship1]

Thanks to everyone so far!

Could someone tell me what I should do though about the fact that they have not sent the T&C's with the CCA

Also should they have sent me all the blurb about the PPI that I had and turned out to be bloody useless?

[ship1]

Is there anyone that can please help with the issue in my last post?

[ship1]

Sorry to be a pain,but what should I have recieved from capquest when I asked for the CCA? Should there have been anything other than the 2 bits of paper,which I have uploaded on this thread,ie:t&c's or a breakdown of the debt/charges?

[oneofakind]

You should have had your agreement, plus t&c and copies of any document referred to in the agreement, and a statement of account with payment schedule.

Rarely does anyone get a full set!

[ship1]

OK, so is there anything I can do about it? Have they failed in terms of the law in providing me with what I asked for?

[ship1]

As I have not sent the S.A.R yet to egg,should I not send it and get back to Capquest saying that they have not fullfilled my request for the CCA?

[oneofakind]

Get the S.A.R - (Subject Access Request) off asap and get the account in dispute for unlawful charges.

Capquest will be breaching OFT collection guidelines if they chase you for a disputed account.

They have 40 days to respond, so the sooner the better.

[fuzzybobble]

I recently send Northern Rock a CCA request and I assumed they had complied, as they sent copy of the agreement etc and a seperate photocopied and folded 2 sheets with the terms and conditions on.

A few weeks later they sent me a letter offering me a 30% discount on what they claimed I owed them.

Does this mean they know the agreement is in some way uninforceable? If so how do I find out what is wrong with it and why, then what do I write and say to them?

[ODC]

DCAs do not offer discounts out of the kindness of their hearts. These are the people who threatened you with courts, home visits and baliffs. I think we all know why they are backpedalling