Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default CapQuest and Egg county cort claim

    i started this in a differnent thread but was informed to start my own this is the link to the post i made but i will start again any way.
    http://www.consumeractiongroup.co.uk...ml#post1173187

    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.

    Here is the short short story:

    got an Eggicon loan online summer 2005

    had problems with work fell behind on payments

    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."


    Similar Threads:

  2. #2
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    Default Re: CapQuest and Egg county cort claim

    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 Eggicon.
    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.

    Looking into PPI claims now.

  3. #3
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    Default Re: CapQuest and Egg county cort claim

    And don't signicon 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 collectionicon 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 Eggicon 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 callsicon and personal visits will not be accepted and viewed as harassment.
    I look forward to hearing from you within the statutory time limit.

    Yours faithfully


  4. #4
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    Default Re: CapQuest and Egg county cort claim

    Thank you all for the advice.

    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.

    thanks again!


  5. #5
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    Default Re: CapQuest and Egg county cort claim

    have just recieved a similar letter from CapQuest today so will be watching this thread with interesticon

    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

  6. #6
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    Default Re: CapQuest and Egg county cort claim

    I have got proof of delivery from royal mail for the 13/10/07, does the 12 days start from that date or the date on the letter?


  7. #7
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    Default Re: CapQuest and Egg county cort claim

    First deadline starts when they receive it.
    So;
    12 Working - 31/10
    Month - 1/12

    Be VERY careful whose advice you listen too

  8. #8
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    Default Re: CapQuest and Egg county cort claim


    this is the letter i have got from capquest, is there anything i need to do now?


  9. #9
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    Default Re: CapQuest and Egg county cort claim

    is there anything i need to do now?
    No just wait to see what they come up with.


  10. #10
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    Default Re: CapQuest and Egg county cort claim

    Just sit back and WAIT for them to respond with your CCA.

    Be VERY careful whose advice you listen too

  11. #11
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    Default Re: CapQuest and Egg county cort claim

    or hopefully not

    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

  12. #12
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    Default Re: CapQuest and Egg county cort claim

    Just received this letter from CQ.

    Does this mean they are acting on behalf of Eggicon?




  13. #13
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    Default Re: CapQuest and Egg county cort claim

    That;s nice of them.
    So they are acting as an Agent for Eggicon and as such they CANNOT sue you in their name.
    This of course doesn't stop Egg taking you to court if they want.

    Be VERY careful whose advice you listen too

  14. #14
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    Default Re: CapQuest and Egg county cort claim

    The 12 working day deadline has past so does that change my situation at all, or is the 1 month deadline the main one?


  15. #15
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    Default Re: CapQuest and Egg county cort claim

    Yep the one you really want is the 12+month.

    Be VERY careful whose advice you listen too

  16. #16
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    Default Re: CapQuest and Egg county cort claim

    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!

    here is the letter :

    Attached Files

  17. #17
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    Default Re: CapQuest and Egg county cort claim

    So no "agreement" then ??
    Shame

    Be VERY careful whose advice you listen too

  18. #18
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    Default Re: CapQuest and Egg county cort claim

    I asked for:
    Deed of assignment - loan still belongs to Eggicon
    Statement of account - came last week
    CCA - not received
    Fair Processing Notice - not received


  19. #19
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    Default Re: CapQuest and Egg county cort claim

    Oh well clocks still ticking, so ignore CQ until they comply.

    Be VERY careful whose advice you listen too

  20. #20
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    Default Re: CapQuest and Egg county cort claim

    Interesting. I received a similar letter following a CCA to Crapquest relating to an Eggicon 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.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE