Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
hi every one. I am new to this today but i have been reading and sifting for last 4 hours though all the threads and this this thread is the on i thinkwill help me.
last month i got a letter (creditor's notice) from capquest saying that i may get taken to court in 7 days if i do not pay the amount in full. The amount on the letter is about £150 higher than the amount i had outstanding.
i rang them and asked who they were as egg never informed me of any action they were taking and they just demanded loads of money which i couldn't pay them.
Is my next play to ask for the cca from them, if so what do i do next?
help will greatly be appreciated.
Rory32 has allready replied (with many thanks):
"Fishpot, you really need to start your own thread on this (post a link if you want) as otherwise your post will just get lost in this thread.
You should ask for a copy of the credit agreement as well as a statement of account and a Notice of Assignment. Also DON'T phone them."
I would say CCA letter is your next job and also stick in it that you want a statement for the account so you can see what the extra 150 is, probably unlawful charges. Also as Rory said also ask for a copy of the deed of assignment so you can see who owns the debt ie have capquest bought it or are they acting as collectors for Egg. Good luck ali x PS remember to send your request via recorded or special delivery to get proof of posting and delivery.
Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.
All ccj's now dropped off file, 2 yrs to go to clear file.
All old debts either settled or made unenforcable.
And don't sign the letter. So as it's a DCA and you want extra info send something along the following lines:
Dear Sir/Madam
YOUR CLIENTS NAME: XXXX YOUR CLIENTS A/C NO: XXXX
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a debt collection Agency, I would also ask that you supply a signed true copy of the Notice of Assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :
1. True copy of original credit agreement
2. Statement of account
3. Copy of the executed Notice of Assignment from Egg and Capquest.
4. Fair Processing Notice
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.
I have sent a letter of to capquest and i am now waiting for the days to tick by. I will fill in more details as they become apparent. I hope your advice will help me though this.
have just recieved a similar letter from CapQuest today so will be watching this thread with interest
Halifax Credit Card - claimed £404, settled at £387.50
BoS Current Account - £3600 claimed successfully, working on default removal
BoS Loan - Default removed
Vodafone - Default removed
ex-Landlord - successfully got him to drop his counter-claim, settled out of court after 3 hearings
Halifax Credit Card - claimed £404, settled at £387.50
BoS Current Account - £3600 claimed successfully, working on default removal
BoS Loan - Default removed
Vodafone - Default removed
ex-Landlord - successfully got him to drop his counter-claim, settled out of court after 3 hearings
That;s nice of them.
So they are acting as an Agent for Egg and as such they CANNOT sue you in their name.
This of course doesn't stop Egg taking you to court if they want.
I've been i'll for a week in which time i have received another letter from CQ. It was accompanied by a statement of account which looks normal and has no fees on it. The mystarous £150 extra that was on the first letter from CQ has now vanished like it was never there!
The other thing is that they said the account was put on hold until 10th November and that i had to start paying them money. But surely they haven't yet provided all the info i asked for so why should I!
I asked for:
Deed of assignment - loan still belongs to Egg
Statement of account - came last week
CCA - not received
Fair Processing Notice - not received
Interesting. I received a similar letter following a CCA to Crapquest relating to an Egg card, again with no documentation other than a list of transactions.
I had thought this was probably an error, since most DCAs will use either the 'here's your unenforceable application form' or 'no agreement but we have lots of (meaningless) evidence that you entered an agreement' ploy when they have no agreement. I am now wondering whether this is a deliberate tactic; the accompanying letter is very vague and does not refer to any specific enclosure.
Maybe I will write and ask for the quid back, since they have failed to comply.