Thread: DCA and Halifax have failed CCA request...can i claim back payments

I had a debt with Halifax for £2500 - mostly charges except an £800overdraft facility.

It was passed to a DCA called CapQuest, (apparently) who I agreed to pay £25 a month to, they then said I had to increase payments every other month (they did this via horrible phone calls) and this continued until I had a vile phone call and was pushed to £75 per month – at this point I looked on the net and found this site (amongst others).

I sent the CCA to them and Halifax and they keep saying they have requested it form Halifax and account is on hold. All I have had from CapQuest is a signed Halifax form but not an agreement it states that states I agree to them doing a credit search and they may offer me either a solo account or a switch account…have also had a very very dubious deed of assignment that’s full of mistakes and doesn’t include dates sold etc – it does state the totals owed but shows them as what’s now outstanding not what they were at the time of sale…they also have the date posted on them as date written, and yet I’m told these are copies of the ones received by the DCA originally (I would say they should have date sin 2004 on them if that was the case!)
From Halifax I have heard nothing – this was about 3 months ago…

I have checked my Credit File and under the Halifax date is shows as defaulted for 2 years then partial settlement in 2004…I assume this is when they sold it to CapQuest? The figure in outstanding is zero.

So as I have paid CapQuest around £1000 (I have ordered bank statements via a DSAR to prove this) can I claim they refund all monies paid so far as no agreement = unenforceable = no debt in the first place?

I have no issue paying Halifax the £800 owed but don’t see why the DCA should have this, however Halifax according to my credit file have written it off with a partial settlement anyway.

Finally if I claim the unlawful charges on this account, and the removal of the default (as I wouldn’t have fallen behind with the account if the charges hadn’t taken me so far over my overdraft that my wages didn’t cover the charges) then who do I claim off…Halifax or have they sold their responsibility with the debt?

Hope that all makes sense?

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See my post here

http://www.consumeractiongroup.co.uk...sed-bryan.html

Elsinore

Update:

Halifax (the Original Creditor)

I have sent the DSAR to Halifax to see if my account status is settled and to calculate charges to date - then i'll claim and if there is still a balance outstanding then i'll happily pay it off - i dont dispute what i owe from my overdraft...just the charges.

CapQuest (the DCA)

I have posted a letter to CapQuest today to ask them to stop calling me as its about 4 times a day now...admittedly i dont answer but they have been asked from day one to contact via letter only - i also said i was upset that when they leave messages they are 'fuzzy' and incoherent except the reference number and telphone details...funny thing is its the same when i do answer untill the realise i'm on the other end - then its a miracal...all becomes clear lol - i smell a rat!

anyway as soon as i have the proof of how much i have paid (requested bank statements from my current bank to calculate how much i have paid - i've never had any charges on this account but to get statements it would cost £5 per sheet...DSAR = £10 - bargain!)

i'm going to send an lba to CapQuest as soon as info arrives requesting total to be paid back within 14 days, then failing that i will launch a claim for my money back as without paperwork they have obtained money by deception if you ask me!?

does anyone think this is unreasonable?

Originally Posted by jo5ephedward5

does anyone think this is unreasonable?

No, it's perfectly reasonable JE. These damned DCA's have had it too good for too long, it's time they were brought to book.

Forgive me if you've read it but there is a very good thread on harrassment
http://www.consumeractiongroup.co.uk...ht=harrassment including the fuzzy phone calls.

Obtaining a refund from a DCA might be like getting blood out of a stone, but we have to try don't we?

Elsinore

Well at the end of the day if i use the small claims court whats there argument...they cant give me the paperwork so how will they give it to a court...i'm sure no court would look at them in a good light by showing the papers in court but not to me - time will tell...i get the feeling this one could drag on lol.

Can you believe CapQuest (the DCA) have recieved their letter about not calling me and only contacting via post - this was 8.40 am (accordidng to track and trace)

Wait for it!...

they have just tried to call me - i can't believe it - i just hope its just 'cause they haven't put a note on my account yet - but something tells me they just dont care!

I've made a note of date and time of attempted call and will wait and see if they keep it up beofre reporting them to the police!

OK so it had been quiet for a while now today CapQuest tried calling 3 times - i answered on the third and it was them!

I said i was not going to talk about my account on the phone - said that they had had and acknowledged the letter and all correspondance should be via post.

her answer was well your obviously not going to co-oporate today so i'll try again soon...wtf!

now to me as they have had this in writing and said ok to it they are pushing it - who can i compalin to?

Ok they have tried to call me 3 times today - i know this is within their limits however i have wrote to them twice and asked spacifically for them to not contact me by phone - can they ignor my requests?

i used this:

Despite my letter dated XX.XX.XX regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letter stated quite clearly to you that I require all communications in writing this is for possible future Court use. Do not telephone me again and remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter, an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that all telephone calls are recorded form today will be recorded. Also note that your answer phone messages are incoherent with the exception of the contact details – this is ironically the same when I answer until its realised I’m on the other end when it miraculously clears up.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

If this is OK what do i do next - head down the police station and see what they can do?

I have had a leter from them to say my account will be on hold for 28days and they will forward it to the relevent department - the person i spoke to yesterday said she didnt care what i had written she was going to call again...had 4 calls today now, well attempted i refuse to answer but have logged the times of teh calls etc

Well i have checked my credit file and this month CapQuest have registered a Defualt against me - they havent informed me, they havent shown that i have paid on time for over a year untill they Defaulted on the CCA request and now they have marked me in Default - the best of it is they never put it on there before and what shows is not a true reflection of my payment history with them as it just shows August = D where the other months showing OK?

I'm furious - its time for lba but i dont knwo how much i have paid them - do you think i can call them up and ask?

the ballance says start was £2532 and now its £2329 but i have paid between £25-£50 to this account over the past year - thats a min of £300 at the lowest rate but its nearer £500 in reality - they have yet to register the other account on there but they never mention that one in their demands any more.

I'm unsure on what i can do untill Halifax comply with my DSAR - it was posted one month ago and still no word - not even a letter, tho they did cash the cheque.

the halifax record is still on there shows payment history then a defulat no a partial settlement - i need the DSAR info so i can sort out figures etc - its all so confusing

You can't have TWO defaults for the same account, get the one from Halifax removed...

Regards

I will be pursuing this - how ever i will be persuing the one CapQuest have registered to as they are in Default by non compliance with my CCA request - i'm looking forward to taking them down as they have treated me so badley sinse day one when they pretended to be a solicitors taking me to court!

am i correct in thinking that they cant place a default on me as my debt is in dispute and they are in default by not complying iwth the original CCA in excess of 12+30 days ago? nearer 3 months actually!

also i will be complaining to Trading Standards, who else? and the Law socity for sending letters out from solicitors that dont exist!

deal of your life....nice!

i was told if i did pay up they would make my life hell...Mr Campbell said he would call me every day untill i paid up - he siad they always crack lol...needless to say he calls everyday i sometimes answer just to wind him up and give him all the answers from this site - he hangs up, even called me a w*nker once!

Jo,

You misunderstand. Remember Uptotheeyeballs,Fedup !!!!!!!!!!!

They know a deal

Regards........Turnaround

Hi jo
they called you a what???
keep a diary of the calls, tape them if you can. Report them to everyone....
check the thread "Default Hell" post 14 is a great help

http://www.consumeractiongroup.co.uk...ght=surlybonds

Good luck