Thread: atom vs. CapQuest/BC

Please help - this will be a little bit of a long-winded preamble...

Have been subbing to various threads here for a little while and decided to CCA CapQ who i've been paying monthly for a BC card for a couple of years. They wrote back asking for 28 days to deal but also request any proof of payments I have - i ignored this request.

I then CCA'd & SAR BC themselves - their response? A supposed copy of my latest executed agreement & a buzz off to the DMA who are apparently now managing my accts which are in a recovery programme. This is followed about a week later by print-offs of the card accounts (actually, 2 of them) & nothing else.

Suddenly today, i get the attached in response from CapQ for the card acct that they are holding. Has anyone had any dealings with these folks? Are they internal or external to BC?

The doc looks more like an application form (with my name & add, signed & dated by me & someone on behalf of BC several yrs ago!) with some copy/paste t's & c's. BC has told me over the phone that none of the accts has been sold.

Any ideas how I deal with this?? - help - urgently, please!

...can anyone help??

thanks, Slick - definitely thought it was dodgy as i couldn't even see the print but i am worried cos it has all my details - alledgedly. i'll go check on the prescribed terms

ok - definitely should not be enforeceable as it fails the legibility criteria. BC themselves simply sent me a copy of their latest t's & c's, claiming they had fulfilled my s78 request.

I guess i need to protest the copy & request an opportunity to view the original. Would you happen to have a template I can use?

Thanks a bunch, slick!

What would I do without the guidance you have given here, I ask myself - suddenly wish I knew of the existence of this forum before now. at least now I have some renewed confidence to fight back.

Hi slick, I have another question you might be able to help with. Although BC did not respond properly to my cca request, their collection agents have sent me an ilegible one. Do you think it is wise to fight off each one i.e. send a letter disputing the ilegible one & a 2nd letter to BC themselves in respect of the improper response? Or do you think it would it be better to focus on bc directly?

thanks, much appreciated. I will have a letter in the post to them on Monday (recorded delivery)

thanks, slick.

ok - draft done but have another question...

I took a look at link #5 on your signature and am not entirely sure whether the agreement in my post #1 can be said to conform to what a properly executed agreement should look like. It really isn't clear at all but besides the fact that it is an application form, it also seems to have (from what i can make out) some of the prescribed terms, just not in the prescribed format. Of course, it has my signature and a stamp & signature of someone on behalf of bc.

would you say it fails on legibility as well as on non-conformance with the prescribed format? Sorry about the questions - just checking my understanding of what i should be looking for when checking these agreements (i do have a few i need to pursue).

Thanks for your help thus far!

Hi Slick,

Thanks for the swift reply. The copy I have is no better - actually it is smaller than the pdf so it is far harder to read any of the text - so I agree with the legibility assessment. Beyond this, I guess I am not entirely clear what I ought to be looking for. The application form (I think that's what it is) quite clearly has my details and signature as well as the signature of someone on behalf of bc. Would this make it enforceable by court order? I am actually not sure.

Also, I can for example, make out from the subtitles in bold that it seems to have a notice on cancellation rights, a table of credit limits and apr's, and a paragraph on payments - though i can't make out the text here. So I am wondering whether it could pass as being properly executed, if a clearer version emerges.

Ultimately, I am looking to reclaim charges and hopefully, get the debt written off so I want to be absolutely sure of my ground b4 I go down the road of challenging the agreement.

Thanks for helping out.

I guess I will get there eventually. It does not look like it contains all the terms in the format of agreements posted on link #5 but am afraid I am not clear whether the fact that it is signed anyway means it could be enforced under s127 (3)

Hi slick, thanks for your last post - it gives me some more confidence which I think I am desperately lacking with this, plus a few more DCA's chasing me on other accts. Thanks for your help though. Letter sent today and I will post when I get a reply.

Hi Slick, please can you point me to the bemused lettr? I have seen it a few times but not now that I am looking for it. i need it for another account which has been sold to a company that takes no prisoners in their approach. I am trying to get the account returned to the original creditors, if possible?