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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
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Vanquis with CAPQUEST but they can't provide cca


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Hi,

 

 

I am trying to finally sort my debt out after years of paying StepChange.

 

My vanquis debt went to CAPQUEST.

 

I sent cca request but all I got back was my electronic application and terms and conditions.

 

 

I read through this site and saw someone else had same problem

 

 

I then sent a letter to them saying they have not supplied what I asked. Etc etc and sent the t&c's back. I used the letter that was on here

 

Then today, 2 weeks later they just send me the same stuff again.

 

What is my next step

 

Thanks

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When was it taken out. Was it by form or online. What exactly have they supplied.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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When was it taken out. Was it by form or online. What exactly have they supplied.

Hi

It was taken out 2008/9 and they have supplied a document that shows my name and address

and is what looks like an electronic application.

 

 

I did apply amounts eon line years ago.

 

 

they have also supplied pages and pages of terms and conditions.

 

 

No credit agreement, no signature, no amounts etc.

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So they havent complied. Not even with a reconstituted agreement

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Sorry for being thick, what's a reconstituted agreement. They just sent exactly the same copy of a computer application printout and Vanquis tc's

That's an attempt at recon agreement, which Must have:

 

 

Your name and address at the inception of the account:

Same for the creditor:

The Terms & Conditions at the inception and closure of the account

Any documents mentioned in the Ts & Cs.

 

 

Any material changes to the T&Cs during the life of the agreement.

And a current statement of the account (not an historic statement or a breakdown of the amount owing).

 

 

Without all the elements the recon fails to meet the CRA request.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Ok unless the " document" provided has all the elements listed it does not satisfy the CCA request as a "recon " agreement.

 

 

Leave them to reply to your nom compliance letter!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi, heard back today. they say my application form and the separate terms and conditions is enough. I will post up the application tomorrow. I don't think it's good enough. It's not signed

I don't think it will form a viable recon for court action from what you say so far, might just satisfy the CCA request.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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This is terms n conditions

Is that all?

 

 

I have an agreement from Vanquis on file there is much more than that to it.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Application isnt completed fully, and as far as i can tell, where are any updated terms ?

 

 

have you received statements from the OC or even crapquest.

 

 

IMO it is close, but doesnt fulfil it.

 

 

However, that would be up to a judge to decide if capquest try and chance their luck.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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No, i never received any statements.

 

 

I challenged this years ago as i put in a complaint to get my money back for substandard goods etc under the credit card thing act.

 

 

It was upheld and i was awarded back the 1750 ,

 

 

then they changed their minds and added it.

 

 

This put me up to owing them loads and then they sold it.

 

 

They were really difficult to deal with.

 

 

So what do i do now?

 

 

i keep writing to them theyll just send the same stuff through.

 

 

What happends next?

 

 

Thanks

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So the entire debt is dubious. Ever sent a SAR to vanquis, and told capquest the debt is still in full formal dispute with vanquis? Tell them if you already havent and ignore their silly reply that will be that You need to tell them why its in dispute.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If theres charges/insurances to pay and if you want to get rid of them for good then yes. However, the choice is down to you. Capquest will take a chance if they think they can get judgement by default, then theyll go straight to the jugular and get charging orders/hceo's/AOE's etc before you realise what your rights are.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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yes

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

HIStill heard nothing except Capquest rang me on Sunday . I have a complaint in with them but they say that they have followed the guidelines and i will go to court. Theyre not being helpful. Anyway, they said in their letter that they will respond by 4th Nov. It seems they dont communicate with each other at Capquest. I also wrote to them saying i was about to apply for a DRo and could offer them a full and final for £250.00

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HI

 

 

These guys keep calling me and have offered a settlement of £1550 I cant afford that.

 

 

They still havent provided a CCA despite letters and complaints etc and

they have acknowledged my complaint.

 

 

I f i pay monthly a small amount until it drops off my file in 2016

then if its not showing and not enforceable

then can i just leave it as it is?

 

 

thanks]

 

 

so fed up of this one

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no cca = no pay

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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