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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Capquest/ARC & Egg - now wetcloths


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Hi,

 

I'm currently in default to egg for a loan after falling behind with payments after losing my job.

 

 

they passed it onto capquest debt recovery who are useless.

 

I set up a payment plan for £75 monthly,

after making 6 payments by SO from bank capquest wrote and said they were taking further action due to non-payment.

 

 

I was advised to cancel the payments and send off a copy of my bank statements showing the payments, which I did.

 

They wrote acknowledging these and set up a new SO for £75 again.

A payment left my account on 4 May but last week they sent me a letter saying they were now going to send a collector to my door

due to me ignoring repeated requests for payments or a payment plan.

 

I've tried speaking to them on the phone but they are bloody useless. :rolleyes:

 

Can anyone tell me what to do next,

I'm not that great on the phone and if anyone comes to my door I'd panic

and probably agree to whatever they asked for whether I could afford it or not.

 

Any advice would be very much appreciated.

 

Thanks

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First thing I would advise is to do a search on the forum under Debt Collection Agencies. Secondly, you will find during your browsing though that information a letter to send to the Agency (along with £1) requesting they send certain information under the Consumer Credit Act - part of this is a list of all the payments you have made.

 

Until you have that - tell anyone that rings, or calls to your door, that you dispute the debt, and you are not making any further payments until the matter is resolved. They cannot do anything to enforce this debt whilst it is in dispute - so the quicker you get the letter off to them the better - and send it by recorded delivery.

 

 

 

 

 

 

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have a talk with the cccs or payplan and let them deal with capquest

 

i had a nightmare with capquest myself until i turned them over to my debt management people

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Graham from Capquest phoned on Friday night, don't know how they got my house number.

He was very arrogant and wouldn't listen to anything I had to say.

Told me they had received the payment from 4 may but the bank had requested a refund of this on 11 may.

The bank denied this today and it hasn't gone back into my account so I know they are talking crap.

 

Phoned capquest back and spoke to 3 members of staff before finally getting Graham again.

1 person told me Graham must have made a mistake as the payment was showing on their system.

 

When Graham finally came on the phone he told me it wasn't actually him that was dealing with my account, the person that is wasn't in.

He wouldn't admit to making a mistake and I finally agreed to send a copy of my bank statement up until today

showing the payment leaving my account and not coming back.

He said this would be noted and no further action taken in the meantime.

 

Half an hour ago someone else from Capquest phoned me!!!!!

 

Sent this away this afternoon with a letter requesting that all future correspondence be in writing.

 

Would it be worthwhile writing to Egg and telling them that I am no longer willing to deal with Capquest due to their ineptitude?

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like i said - talk to one of the non profit making debt companies, cccs + payplan

 

they will deal with the arrangement for you

 

talking to them is not daunting, they are non judgemental and are there to do nothing but help you

 

id act quickly to avoid defaulting/ccj action

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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  • 1 year later...

All debt collection agencies have to be licensed by the OFT who stipulate clear rules of engagement. Capguest telephone monkeys are probably on minimum wage with incentive payment for what they can get out of a browbeaten debtor.

 

No doubt many over zealous monkeys try their luck and go well over the line, not only squeezing out the last drop of blood but leaving traumatic memories behind.

 

Capquest, however, does have a legal officer answerable to the law. That person is the Company Secretary registered at Companies House, whose name and private address is available for a search fee, I think £5 per year now. Unlawful behaviour on the part of telephone monkeys can be documented in black and white and sent to the Company Secretary who is answerable to the law and the licensing regulator. The name of over zealous telephone monkeys should be demanded in no uncertain voice, and any refusal so to do, documented. Monkeys cannot be allowed to think they can say what they like, then put the phone down as if nothing happened, then melt anonymously into the crowd -- Who? Me? Did I say that? Do you have proof?

 

Anybody who tries to browbeat me finds I come back with a Centurian Tank, after which they think better of it.

 

 

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  • 1 year later...

I'm currently paying back a loan to Egg through ARC.

 

 

I've had the CCA and SAR and everything seems to be in order so am paying a monthly payment.

 

I started paying by cheque every month but was receiving a letter every month saying they hadn't received payment (this was always 2 days after the cheque had cleared).

 

 

I wrote to them saying I considered this harrasment as payments were being made.

 

After 4 requests they finally sent a standing order mandate.

 

 

I've been paying them this way for 4 months now but I'm still getting letters saying I've ailed to stick to the agreement.

 

 

The letter I got today says that they are now preparing papers for court.

 

Is there any way I can get this passed to someone else as I'm totally fed up with these idiots??

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Let them take you to court and then hit them with the proof that the payments were made on time as per the agreement. then hit them with a bill for your time and costs :) and youn never know the judge may say you are paying too much and reduce the monthly amount - double bonus

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  • 6 years later...

Hi,

 

I had a loan with Egg way back in 2004 which was passed to Capquest in 2006 before going to various others.

 

 

I received a letter today from Arrow/Wescot asking me to contact them about a personal matter.

 

 

When I did I was told it was about this loan which I had completely forgotten about.

 

 

They said payments were being made on this account up until November 2011 when it then defaulted.

 

 

I do vaguely remember making payments to a debt agency but thought these finished way before 2011.

 

 

I've asked them to send me a signed credit agreement for the loan.

 

Am I right in thinking this loan would have been a default before it was passed to any debt agency thereby making the default in 2006?

 

 

When I last checked my credit file it wasn't showing.

 

 

Can the debt agency record a default and put it on my credit file?

 

 

Can they still chase me for this if it did in fact default in 2006?

 

 

Thanks in advance for any advice.

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The Statute Barred date is from your last payment so if you had been paying a DCA then that has reset the Statute Barred clock ticking again and it will be from the last payment date to a DCA.

 

Send Arrow/Wescot a CCA request for a copy of the paperwork enclosing a £1 postal order, send by Recorded Delivery, asking for one means you have no legal recourse if it ever goes further, you need a complete paperwork trail.

 

If you had a loan with Egg, then send Egg (the original creditor) a SAR request, this costs £10 but will give you all of the statements plus all copies of letters and correspondence, this way you can get the default date, the default date cannot change and should be registered within 6 months of your last payment.

Also, by getting a SAR, you can then claim back all charges and any PPI if it was applied, do not use a Company, you can do this yourself for free, if you need advise, just ask.

 

Check you Bank statements, this will show any payments to a DCA because they are made either by debit/credit card, direct debit or standing order, just for reference never pay a DCA by the first two, always pay by a standing order, that way you have complete control and stops you Bank Account being emptied by a so called "Admin Error".

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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You are being cash cowed big time and it sounds like you have been for a number of years. Its time for you to get your paperwork in order.

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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  • 1 month later...

Thanks for the advice.

I received a copy of the signed credit agreement from Wescot today.

 

 

There was no PPI added on to the loan so can't make a claim for that.

 

 

The letter states that Wescot are acting on behalf of Arrow Global.

 

 

As this has been passed about a number of debt collection agencies over the years

 

 

should I still send the SAR to Egg or should it go to Wescot or Arrow Global?

 

 

They also state I have 14 days to make payment or arrange a payment plan.

 

 

Should I write to them and inform them I still consider the debt to be in dispute and tell them I have sent a SAR?

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Hi,

 

The SAR always goes to the Original Creditor.

 

The 14 days to make a payment or arrange a payment plan are just a DCA's silly little word plays.

If you break the wording down, 14 days from when? Letter Date, Post Mark date? From when you receive it? 14 days after Arsenal win the Premier League (which could be a while away).

 

Also, because Wescot are collecting on behalf of they have no legal rights to initiate Court action.

Ignore and get the SAR off.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Thanks Stigman.

Will a SAR show ALL payments made towards this regardless of which debt collection agency was dealing with it?

 

 

I know I made payments in 2008, not entirely sure I made payments after that but I don't think so.

 

 

If I didn't does this make it statute barred as it will have been 5 years since I acknowledged it? I live in Scotland.

 

I've been reading other posts on received CCA requests.

 

 

The one I received mentions the terms and conditions of the loan but they aren't included with what I received,

 

 

it also doesn't show the right to cancel section and Egg have signed it before we did.

 

 

Does any of this make any difference to whether this is enforceable or not?

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Hi,

 

The SAR will only show payments up to the point when EGG sold the debt, if you have made (which you said you did a long time ago) payments to a DCA after the debt has been purchased by a DCA then the payments will only show on any statement that the DCA sends you or on your Credit Reference File (if it shows).

 

The CCA that you have received does not look like it is compliant and therefore non-enforceable.

To make sure, please scan in and post up, members will look at the agreement and post replies. I have copied and pasted instructions at the end of this message on how to upload, these instructions have been written by site mod DX100uk.

 

Can you not check your Banking records for details of any card or direct debit payments to any DCA's?

 

If you have not made any payments since March 2010, the account will be Statute Barred because has you have correctly said, 5 years for Scotland..

 

Stigman

 

********************************************

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

************************* ************************* ***********

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

  • Confused 1

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Thanks again, I'll try and upload everything tomorrow.

 

I'll send a SAR to Egg to get the default date.

 

 

I'm sure it defaulted in 2006, 2 years after taking the loan out.

 

 

I was convinced I had sorted all our debt problems out by 2009 so stupidly didn't keep all letters I sent/received.

 

 

I don't have bank statements going back that far either.

 

 

It's definitely not on my credit file, I've checked all 3 of them.

 

Would it be worthwhile sending the statute barred letter to wescot/arrow

and see if they send proof of payments made after March 2010?

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With the CCA you got back, what exactly did it comprise of? The CCA has to have certain things in order to comply with the regulations, and arrow/wescot rarely ever have the right paperwork. Especially on an old egg debt.

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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Well, thats certainly not compliant if thats all theyve sent.

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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Nope. You don't tell them. They know it won't be compliant.

 

If the debt is SB then its an absolute defence so just use that.

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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I'm pretty sure but not absolutely sure it is SB.

 

 

This has been with a number of collection agencies and I know I was making payments to ARC debt collection agency in 2008

but can't remember for definite when the payments stopped.

 

 

if I sent Wescot the SB letter would the onus be on them to prove that it isn't SB?

 

 

If I send that letter should I still send a SAR to Egg?

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numerous old threads merged on same debt.

 

 

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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one thing that runs through all your threads is

 

 

STOP PHONING FLEECING DCA'S

 

 

they are NOT BAILIFFS

and have

 

 

NO LEGAL POWERS

 

 

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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I'm not phoning any of them again, going to deal with everything in writing.

 

 

I really need to get this sorted though.

 

 

I've recently separated from my husband and before we can finalise our finances with a separation agreement

we need to know whether we are going to have to pay this £3000 debt or not.

 

 

For this we need something in writing so ignoring it isn't an option.

 

I really need advice on what to do.

 

Do I still send the SAR to Egg?

 

Would it help to send one to Wescot/Arrow if they have bought the debt?

 

 

Do I challenge the CCA they've sent me seen as it's not compliant?

 

 

Or should I chance sending the Statute Barred letter

and put the onus on them to prove I've paid/acknowledged the debt within the last 5 years.

 

Between this and my marriage breakdown it's making me sick with worry,

 

 

I'm already suffering from depression and really struggling just now.

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