Created a new thread for all correspondence I receive from Capquest and any questions relating to it that I can't find answers for. I hope this is OK.

I sent Capquest a CCA request on 20th July via recorded delivery.

They received it on 21st July.

My understanding is they then have 12 working days to provide the CCA (+2 two days for delivery). with that in mind, unless they provide that CCA the account would be in dispute on 10th Aug, yes or no?

I received a letter Friday 4th Aug dated 3rd Aug saying they have forwarded my request to Vanquis and will send it to me as soon as they have it.

I also received a letter today, dated 4th Aug saying I've recently raised a query on my account, and they've placed my account on hold for 28 days and have contacted Vanquis for further information. If they haven't had a response by 31 Aug they'll write to me again with an update.

at what point is the matter in dispute/default/unenforceable?

Does it matter that they write and say they're still looking for it?

Or do they literally have 12+2 days to provide me the CCA and if they don't (regardless of them writing to say they are still waiting for Vanquis) the account is in dispute/default/unenforceable?

Many thanks.

12 day rule is old school and no longer applies.

Leave it for now and wait to see if something turns up.

Is it? What is the present procedure?

Thanks.

Finally got a reply from Capquest a couple of days ago with a reconstituted credit agreement.

Personally, I can't see anything glaringly incorrect to deem it unenforceable,

I would very much appreciate if someone else could give me their opinion.

My address at the time I took the card out was added and is correct.

Attached a PDF to this post with the CCA.

They've sent the application form,

one sheet summary of credit agreement

and a several pages long agreement and full terms

(which I've only included the cover page of in the PDF).

My credit file says the account was opened Jan 2008.

The CCA has a headed witht the date of Dec 2007.

Thanks for your time.

- Teeny

From my understanding, that does contain the prescribed terms?

Unless anyone can see anything amiss...

am I right in that,

unless they can actually produce the actual signed copy in court

- they can't do anything about pursuing the debt,

apart from making a lot of noise?

I highly doubt they have the original signed documents.

If a borrower has not signed the agreement (or rather, they no longer have that signed agreement) containing all the prescribed terms,

the agreement will not be enforceable without an order of the court and section 127(3) requires the court to dismiss the application for an enforcement order?

Laymen terms - If they have no signed original document,

they aren't going to take me to court,

as the court can't do anything without it?

Maybe I'm understanding that all wrong?

Vanquis CCA.pdf

so you are saying you did sign an agreement

but what they've sent is NOT a copy of it?

Erm - I can't remember signing an agreement (it would have been 10 years ago), but I presume I must have done. Therefore, I can't really say if this is a copy of it or not.

got it online?

I believe that's probably the case, yes. At least, applied for online. They may have sent an agreement through the post for me to sign and send back. I honestly can't remember.

then tick box is ok

we've never seen anyone produce that as a CCA return for an online vanquish card I don't think.

can you scan all of it please

dx

This is the whole thing.

capquest vanquis CCA return.pdf

so where the recon of the supposed tickbox that you signed up online

just because so little twerp at capquest has gotten a generic copy of the vanquish stuff out of their filing cabinet and typed your AD at the correct place in the T&C's does NOT mrean that's an enforceable recon

IMHO its NOT

What makes you think it isn't enforceable?

As I say, there's a possibility I applied online, was approved then they sent a CCA for me to sign and send back. I'm trying really hard to remember, but I just don't.

My concern is if they try taking me to court.

I want to avoid that, obviously.

From what I've been reading, lack of the original signed CCA or even a reconstituted one doesn't really matter in recent cases.

Judges argue a credit agreement must have been entered into, and that's enough grounds to pursue.

So it's getting them on technicalities.

yes but theres no indication that is was or wasn't online

might be deemed enforceable under the CCA Act

but

I very much doubt a judge would deem that sufficient to enforce any judgement in court

its come out of their filing cabinet and had your details added by them.

there several more bits of documentation they'll need like NOA and DN for that .

tell us the history of the card

how much

have you all the statements

charges?

ppi/rop to reclaim?

Sorry, DX, what does NOA and DN stand for?

To the best of my knowledge I took out the card in 2007.

In terms of paperwork I have or don't - I don't have any statements.

The oldest document I have is an Impact Collections letter from April 2011 for a debt recovery instruction.

Payment due around £300, balance around £2k

Another from Impact in July 2011 saying they agree to my payment agreement of £10 a month.

Letter from 1st Credit November 2011 saying to contact them about the account.

Letter from 1st Credit November 2011 agreeing to token payment arrangement.

February 2012 reply in response to me requesting refund of default charges.

They say prepared to offer £300ish, sum represents total sum of charges applied to account plus interest.

Please confirm full and final settlement of my claim.

Includes a list of summary charges including overlimit charges and late charges.

I have a photocopy of my agreement and signature for this that I sent back Feb 2012.

It appears I used all the refunded charges towards the account.

Letter from Vanquis January 2013 saying in respect of the almost £2,000 in November 2012 my account was sold to Arrow Global.

Jan 2013 letter from Arrow Global saying balance is around £2,000 please make payments to them.

Letter from Debt Managers Services LTD Sept 2016 saying I can have 40% off settlement offer.

Letter from Debt Managers Services LTD Sept 2016 saying I can have 40% off settlement offer.

Letter from Arrow June 2017 saying as of 3 days prior to date letter headed with that Debt Managers LTD will no longer be managing my account on behalf of Arrow Global (I've been paying Arrow Global).

What does this mean to you?

The balance still owed to Arrow Global is x.

Then get in touch with Capquest.

Then "How we work - Arrow works with a number of agencies who manage accounts on our behalf.

Capquest Debt Recovery will manage your account from x.

Letter dated June 2017 from Capquest thanking me for continued payments.

As of x Capquest will be managing account on behalf of Arrow,

and that it was previously managed by Debt Managers

(I paid Arrow who have the same account number as Debt Managers as same company, just like Capquest is still Arrow).

Saying all future payments should be made to Capquest, no paying details included.

July 2017 I wrote back to Capquest (probably stupidly) saying I know you and Arrow are one of the same.

Requested new payment details as they didn't include them.

Included income/expenditure which showed -£6 month deficit, therefore will only pay £1 a month.

July letter from Capquest saying thanks for setting up payment plan.

July letter from Capquest saying thanks for advising them of my current circumstances (sole income from ESA etc due to long term illness).

If they'd like them to take this into consideration when dealing with my account, please provide them with medical evidence.

This should be signed by a qualified medical professional dated within the last 12 months.

August letter from Capquest saying they have forwarded my CCA request to Vanquis.

August letter from Capquest saying I've raised a query on my account and they've placed my account on hold for 28 days

and contacted Vanquis for the info.

End of August letter from Capquest with CCA agreement.

I've paid £1 token payments to Impact/1st Credit/Arrow/Capquest since 2011.

It has not changed amount.

I stopped all payments when I requested the CCA,

I have not restarted them.

To my knowledge, I didn't take out PPI with the card.

god

if you'd not paid that stupid £1PCM from 2011

the debt would now be SB'd

Yep, I know. But then, they could have also taken me to court and I'd have gotten a CCJ, no?

really...

I take it you've been taking to DCA's on the phone then...

why do you think Vanquis, that are ofcourse part provident etc etc

didn't take you to court themselves..

after all they're a big company and could easily crush you...

urm...I wonder why they sold it to a 10p to the £ debt buyer....

No, I haven't spoken to any debt collectors on the phone for many years. I only correspond in writing.

I don't know DX, that's why I'm here.

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=claimform+vanquis+card&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20vanquis%20card&gsc.page=1

in all the court claims we've seen here we've never seem that CCa return ever

don't think its ever appeared in any other vannquis thread here either

its bogus cut n paste

Curious. I wonder why no-one else that has posted hasn't had the same CCA return. Surely Vanquis/Capquest have tried it on with others before too?

Not really sure what to do at the moment.

well arrows are capquest

they've issued many claimforms

not seen them win

i'll suspect, as I've indicated, that that CCA has come from Capquest filing cabinets

else Arrows on the claims they've made would have already made it appear.

pers i'd let this run.

dx

As in, just discontinue all action and let them scream all they want?

Am I correct that they can't threaten legal action unless they are actually going to do it?

And if they did threaten it, I have a chance to make an offer of settlement?

they can threaten all they want nothing to stop them.

I question the want to settle anything.

Because I'd have the constant worry over my head that they may take me to court, and I don't know if I'd be able to cope with it.

but that would happen anyway.

don't wanna be paying fleecers if they've no enforceable paperwork.

a DCA is NOT A BAILIFF

let the judge decide not your scattered brain.

doesn't mean you'll end up with a CCJ

you can always tomlin it if it looks like its not going your way

which is no diff to thinking about paying it now

leaves no markers and doesn't result in a CCJ.

please don't be scared of powerless DCA's

they have no more legal right to bring a CCJ than you do