Thread: Cap One/Cap Quest/ SD & Court Date **WON**

I really need some help and answers to the questions especially in the final paragraph (in bold)

History so far-

Sent a statue barred letter to capquest (but didnt send recorded deliverly) 6th Aug.

set aside this at the local court on 13th August

Sent capquest CCA by recorded delivery on 14th August

Sent Capital One S.A.R - (Subject access request) by recorded delivery on 14th August

Received a letter from Capquest saying my account is on hold for 28days while they obtain the information required on 16th Aug

Received letter from courts stating they had received my set aside application on 18th Aug

Received letter from courts giving me the hearing date (7th Oct) on 28th Aug

Received nothing to date from Capital One.

My reasons for setting this aside:

(1) I'm asking if its statued barred ( i think the last payment was about 6 years ago although I may have acknowledged the debt when I wrote to capital one but unsure of dates etc.)

(2) havent received requested information from cap one and capquest

(3) Not sure if they are entitled to pursue this debt as they never furnished me with details of the sale of debt from Cap one

(4) the statutory demand is not signed (just photocopied sig)

(5) that the incorrect titled name has not been used on the statutory demand - Ms and not Mrs

Ok I have some questions if anyone can help me out here

(1) if and when we go to court and if cap quest turn up, can they be granted cost against me if their claim is successful? (what costs are likely for such a court hearing)? I presume these costs are then added to the outstanding debt?

(2) if capquests claim is successful, are you expected to pay there and then? Or do they (a) give you time to pay or (b) go straight for the kill with a bankruptcy order?

(3) if capquest don't bother showing up for the court hearing, does this automatically mean the debt/claim is thrown out completley or can they re-visit the same debt over again?

(4) what happens if I havent received the CCA and S.A.R - (Subject access request) in time for the court hearing? Does this go against them and enable the debt/claim to be thrown out? (what are the legal time limits capquest and capital one have in which to respond to my CCA and SAR requests)?

(5) If I were to make an offer to capquest before the court date either in writing or verbally stating the offer is made 'without prejudice' would this either be seen as (a)accepting liability for the debt (b) a sign of weakness and therefore make capquest more likely to show up for the court hearing?

Taking into account I have assets (ie I own my home now) I wonder if this would make capquest more likely to appear in court - would capquest be able to find out the situation re owning my own home etc ?

With all this in mind I feel I would be better off making capquest a low offer rather than taking a chance (and adding stress to an already stressful life). Is this wise?

Any advice/information would be grateful received as I would like to make some sort of firm decision about going to court in the next few days.

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updated today: 5th september

today I received a letter from Capital One sent on the 2nd September which I presume is in response to my SAR as there is no accompanying letter except for a dodgy looking compliment slip from Capital One. I'm not really sure what I was expecting but I paid £10 too much for the little information they have sent!

what I have received is: 3 plain pages (no headed paper or anything that links it offically to Capital One) -

It isn't clear what these pages are supposed to represent.

Basically I have 12 boxes and in each box is - statement date - minimum payment due - credit limit - new balance - transaction date - paid in - paid out and totals.

starts from 13th june 2000 -where I owe £2969. - 7 boxes cover to the end of 2000 - owing £3275

then it jumps to 13th April 2008 - 5 boxes cover to the end of August 2008 where I owe £3171 despite there being no shown evidence of any payments

Can anyone help me out here please -

(1) should I have received copies of actual cc statements on headed paper?

(2) should I have received a copy of each individual monthly statement for the period 2000 through to date?

(3) what other information should I have received? (ie copies of letters, agreements etc) I thought that they were legally obliged to send me copies of ALL information they held?

(4) Should they have sent me a copy of the credit card agreement even though I requested this from Capquest? (should I now sned capital one a cca request as well?

(5) if they did actually sell this debt to capquest - why are they still in possession of financial details (the last entry on the SAR states I still owe them this money in august 2008 even though capquest claiming they are entitled to persue this debt)

(6) do I need to send a non compliance letter now to Capital One (do I need to wait the 40 days)?

Finally, one other thing that stikes me as odd - in the limited paperwork capital one have sent there is no mention of me making ANY payment between 2000 and 2008 (although obviously the information they have sent is not for the whole period). Surely if I had made a payment then this should be recorded somewhere in the data they hold on me ?????? ----------------------------------------------------------------------------------------------------------------------------------------------

ANY help would be very much appreciated once more

Kind regards
Suzie x x



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Originally Posted by MARTIN3030

Hi Suzie Welcome to the site (although I know its not your first post )

Thanks for the welcome Martin and your help

During the course of the past few weeks we have seen an increasing number of these from Capquest-many of which are stat barred.Your hearing in Oct allows some time to address the points that you raised.

You should get a copy of your credit file to see whats there-for 2 quid well worth it and you can get them now in a couple of days.
Who do I need to contact to get a copy of my credit file?

When you say you sent S.A.R - (Subject access request) did you specify what you wanted .and did you enclose the fee ?
I enclosed the fee and just sent the bog standard letter from the forums template section.


Couple of questions also
1 How much is the alleged debt and what does it relate to m?
£3171 on a Capital One credit card

2.Did you tell them it was disputed BEFORE they started proceedings ? No, I was burying my head the sand and trying to ignore it to be honest with you.

3.When did you acknowledge the debt or make last payment ? this should show on transactional material. I'm not entirely sure of the correct year but I did complain via letter to capital one about another DCA that was collecting payment - I think this was 2002 or 2003. Thats why I was hoping capital one would have sent me more information about payments etc. this may have clarified whether it was actually statue barred or not. Nothing that capital one sent me in regard to my SAR showed ANY payments!

Try not to worry too much we will help you to put something together.

Thanks - any help is appreciated as I have had no experience of this kind of problem before.

It isn't clear what these pages are supposed to represent. Write back thanking them and state the information given in know way represents the information requested ie all statements for the entire life of the debt uncluding all payments made, transaction charges etc etc. and until this is forthcoming this debt is in dispute and will be defended vigorously

Ok will do - should I send this letter recorded delivery?


Basically I have 12 boxes and in each box is - statement date - minimum payment due - credit limit - new balance - transaction date - paid in - paid out and totals.

starts from 13th june 2000 -where I owe £2969. - 7 boxes cover to the end of 2000 - owing £3275 - if this shows the last date of a payment and it is over 6 years ago then this is statute barred

There are no payments shown what so ever! (but approx.6 years are missing).There were no copies of orginial statements just some kind of printout (you wouldn;t even know it was anything to do with Capital One)!

then it jumps to 13th April 2008 - 5 boxes cover to the end of August 2008 where I owe £3171 despite there being no shown evidence of any payments - if no payments have been made then how can the total diminish, you must check your credit file to see if any payments have been made and by whom
I think I made a payment around 2003 to Legal and Trade DCA but later found out that their rep had done a runner with lots of customers money and therefore have no idea if capital one ever received any of my money. I was hoping that the SAR to capital one would have highlighted any and all payments but Im still none the wiser . wth regard to checking my credit file - how do I do that?

Can anyone help me out here please -

(1) should I have received copies of actual cc statements on headed paper? - yes-
I didn't so are they in breach or do I just have to ask again and be more specific this time?

(2) should I have received a copy of each individual monthly statement for the period 2000 through to date? - yes or a consolidated list detailing dates of payments dates of interest charges dates of unlawful charges made
Again I received some kind of vague printout but doesnt really show anything of importance. No payments listed, nothing in regard to interest charges, etc

(3) what other information should I have received? (ie copies of letters, agreements etc) I thought that they were legally obliged to send me copies of ALL information they held? - depends on what you requested but if this debt was assigned to the DCA then a letter of assignment should have been sent previously
I haven't received any letters of assignment that I can recall

(4) Should they have sent me a copy of the credit card agreement even though I requested this from Capquest? (should I now sned capital one a cca request as well? - as above, but you have already cca capquest so they should provide it
My account is on 28day hold according to capquest and I have received nothing else to date - is it worth me cca capital one as well?

(5) if they did actually sell this debt to capquest - why are they still in possession of financial details (the last entry on the S.A.R - (Subject access request) states I still owe them this money in august 2008 even though capquest claiming they are entitled to persue this debt) - they can assign a debt to a pondlife firm but still retain the ownership, this juts means that capquest have to pass on any payments to the OC after taking their cut
OK

(6) do I need to send a non compliance letter now to Capital One (do I need to wait the 40 days)? - send it now outlining what you expected them to provide, not the crap they have sent
Ok will do - recorded delivery again and I presume I don't have to pay another fee because they didn't comply in the first place?

Finally, one other thing that stikes me as odd - in the limited paperwork capital one have sent there is no mention of me making ANY payment between 2000 and 2008 (although obviously the information they have sent is not for the whole period). Surely if I had made a payment then this should be recorded somewhere in the data they hold on me ?????? ---------------------------------------------------------------------------------------------------------------------------------------------- CORRECT

Thanks for your help PGH

42man - thanks for advice but I'm not entirely sure it is statue barred due to some contact with Capital One within the last 6years

Updated : 9th September


I have now received some more (Subject access request) information back from Capital One via recorded delivery (6th Sept)

I have a long photo copy of something called ' list of terms relating to memos list' and then 3 double sided sheets of what look likes screen shots from a cap one pc which is of little use as it can hardly be read by the human eye its so flipping small!!! However i can (with the aid of a magnifying glass) just make out record of a payment for £60 being recorded on 13/03/2003 which if nothing else proves it can't be statue barred (which I had a feeling was the case)

I am just sending capital one a non compliance letter stating that they have not sent the full correct information - ie. full and complete statement copies for the whole period of the debt, copy of cca, no copy letters of assignement, no copies of any legal letters etc.etc.etc

Not sure where to go after this - guess I will wait and see what comes back before making a decision, but I think it doesn't look like I really have a good case for setting aside this now and only 4weeks to court date

Couple of questions:

(1)with regard to the cca I sent to Capquest - the 12+2 is up - do I need to do anything there? send a non compliance letter or anything?

(2)Do computer screen shots count as providing the relevant information as requested in my SAR?

(3)how do I check my my credit file?

Sorry for all the endless questions!
Hope you are enjoying better days than me today and thank you once again for all the help

Suzie x x x

Updated: 22nd September Please help if you can .....

9th Sept - sent Capital One a non compliance letter from the forum templates library requesting a whole list of information they had failed to send.

To date I have received nothing in reply to this letter/request. Is it 40 working days (or just 40 days) in which they have to comply with your SAR before they are in default?

9th Sept - received a letter from Capquest in response to my CCA request which was sent on the 14th August - they just sent back copies of the 3 pages of some kind of printout (that anyone could have typed up) that capital one sent me in reply to my SAR. These were on unheaded paper, incomplete and very much nothing to do with ANY CCA agreement I requested. They requested I contact them asap and make arrangements for the debt to be paid or they would pass my account over to the recovery team! (hmmmmmm bit late for that AFTER sending out a SD surely)??????

Bearing in mind I have only have two weeks to go before my court hearing I would really really appreciate your input on what I can do next (I feel I want to send capquest a snotty letter telling them they have not complied with my CCA so they can take a running jump and stick their SD where the sun dont shine and stop harrassing me) but I know that prolly won't help my case so am I better off doing nothing or is there a letter I should now send capquest? Obviously the 12+2 days is up and no cca received - so I presume they are in default? Does that count for anything?

Is there anything else I should be doing/sending between now and my court date.

What do I need to take with me to court? I presume all copies and proof of posting for letters to cap one and capquest?

How do I work out my expenses etc and what is the best way to present them to the judge?

Finally do you think that just having no cca agreement and no information about payments, terms, charges, assignment notices etc would be sufficient to get this dealt with once and for all at the court hearing.

Obviously I'm very nervous about having to go to court so any advice about how to deal with the court would be very welcomed.

Thanks again
Suzie

No CCa is a complete defense and that alone will send them to the moon with a one way ticket, until they find a valid CCA.

42man thanks for your reply - will reply fully later on this evening (just off to work) - i've received some info from Capital One -not much of what I requested but at least something that resembles a cca - how to I go about uploading it to this thread so you guys could have a quick look at it and tell me if its enforcible ? I'm not very technical minded so have no idea how to do it! Any help much appreciated and will fill you in on what capital one sent with the cca later

Have a good day!
Suzie xxx

In answer to your questions 42man and an update - 28th September

Yes I’ve put my defence into the court to have the SD set aside (see my other threads)

On my affidavit I stated I disputed the debt because I thought it may be statue barred, also I disputed the total amount due, I hadn't received a letter of assignment from cap one or capquest. I questioned that my title was incorrect, and also that the SD was not signed properly (just a photocopy signature).

The SD was posted to me - cant remember if it was 1st or 2nd class post as I didnt keep the envelopes back then.

Yes there was a name and number of who to ring - this was Johanna O'Keeefe at Capquest - I didn't try to ring her but my partner did (on my behalf) but they refused to dicuss my case with him without my ringing to authorise that first which I didnt want to do.

Since my last update I have received a letter from Capital one dated 16th September.Basically I presume its in reply to my non compliance letter I had sent them.

They still have not sent me any copies of statements as requested - or any copies of any letters sent to me throughout the life of the debt - they is no copy of the letter of assignment to capquest or any default letters etc.

What this letter says is as follows and my comments/questions are written in red :

You requested copies of the executed credit agreement and a statement of your account under section 78 of the consumer credit act 1974.
please find enclosed a copy of the current terms and conditions of your agreement, in compliance with section 78 of the consumer credit act 1974.
(what use are the CURRENT terms and conditions which are not attached to where I have signed my agreement?? These TAC's appear to be dated 20.1.04 and my CC was taken out in 2000!!!?? Also the TAC's they have included are not numbered in the correct numeric sequence and it actually appears that some of the numbered TAC's have been removed/replaced!!!- it all looks very dubious to us but hey we aren’t legal experts!)

although it is not required under section 78 of the consumer credit act 1974, I have included a copy of the document signed by both yourself and capital one.
( I actually sent them a CCA and enclosed a PO for the required amount plus extra towards the post when I sent the non compliance letter - so I think what they have stated here is totally inaccurate as I requested it and paid for it!. They say they have enclosed a copy of the document signed by myself and cap one but what they have enclosed is what looks like the final sheet of the application form as it is not attached to the other terms and conditions which they have sent ...... Will try and upload a copy of this in next post - can someone check this for me please.)

Your account has been sold to capquest and you will need to contact them to obtain the current outstanding balance
(not flipping likely)!

Your requested a copy of the default notice we issued on your account. Under section 78 we are not required to provide a copy of the default notice and statements of default however we can confirm that a statement of default was issued on the 13th Jan 2001.
(is this correct - I asked for a copy of ALL correspondence between cap one and myself in my SAR)?

You also requested a copy of the deed of assignment. Under the terms of the credit card agreement, whilst we are entitled to transfer our rights and benefits under the agreement, we are not required to provide you with a copy of the documents between the purchasers and Capital one. However, in order to assist you you will receive a copy within the next 14days of the notice of assignment which you already should have received advising that your account and the outstanding debt has been sold to capquest.
(I never asked for that information JUST a copy of the deed of assignment).

I trust that this information will help you with your enquires and if you need any further assistance please contact me again
(is it worth writing back asking for them to actually send ALL the information I requested in the first place- ie. copies of statements etc?)

Ellie Renshaw - Executive Office Manager.
----------------------------------------------

Not sight of a CCA from capquest and no other correspondence from them to date.


Any help would be very much appreciated as obviously not long to go now to the court date and I want as much information as possible to show the judge I am right to dispute this debt.

Thanks again
Suzie

dont know if this is right as I have no idea what Im supposed to be doing - let me know if it works or not! lol snooziesuzie - Page 1 - Photobucket - Video and Image Hosting

Thanks for your quick reply 42man!

I will be spending this last week between now and the court hearing gathering all the written documentation to support my case - would you suggest I potocopy everything so I can give a copy to the judge?

Also can my partner come into the hearing with me - or do you have to go in on your own? We are both flying back over from Ireland early to be in court - can we claim this cost back in with our costs of litigation?

Finally should I mention the CCA that I got back from cap one at all bearing in mind that I did request this from capquest first and they have provided nothing to date (the 12+2 days has well expired)? As cap one has clearly stated in their letter its capquest who are taking me to court for the alledged debt and not them.

Did the CCA come out in the post above - was anyone able to read it? Should I be taking any of the information T+C's etc to do with the CCA that cap one sent or should I just not take the latest letter from Cap one?

Sorry for the all the questions again!
Just trying to get everything very straight in my head

Have a good day
Suzie