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
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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 SAR 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?
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?
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
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!
We will not be intimidated.
'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
- can't read/post much as eye strain's v.bad.
VIVA CAG!!!
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.
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 SAR'd Egg to claim for charges, is that right? how much do you expect you'll be able to claim back?
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
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!
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
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?
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.
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
Cohen's: WON (discontinued) DLC: Given up, gone away. Eversheds: Trying! Equidebt: In default Intrum J: Return to OC iQor: Stopped paying. Link: In default. ScotCall: Return to OC Thames: Stopped paying.
I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.
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?
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
I dug out my Northern Rock agreement that they sent me in reply to my CCA reuest. It looks like the terms and conditions are a seperate leaflet/ document and not part of the actual agreement.
Would this explain why they're offering me a 30% discount.
Also this was 6 weeks ago and I've not heard a peep out of them
since before christmas.
Looks like you could be right about them knowing the agreement is unenforcable Will scan everything when I get a chance and post them on here for an expert opinion.
I dug out my Northern Rock agreement that they sent me in reply to my CCA reuest. It looks like the terms and conditions are a seperate leaflet/ document and not part of the actual agreement.
Would this explain why they're offering me a 30% discount.
Also this was 6 weeks ago and I've not heard a peep out of them
since before christmas.
Looks like you could be right about them knowing the agreement is unenforcable Will scan everything when I get a chance and post them on here for an expert opinion.