Good Afternoon,

I am writing her on behalf of my partner (debtor), who is not in a position to write themselves. For ease in translation I will write in the first person.

In a nutshell

In 2007 I took out an Aqua Credit card.

In 2010 I got in to financial difficulties and defaulted (outstanding balance approximately £1500).

The debt was sold on to CAPQUEST in December 2010.

After some correspondence between myself and CAPQUEST I took it upon myself to set up a Standing Order in favour of CAPQUEST for £5.00 per month effective from May 2011.

Details of the AQUA account were filed away and buried in the loft years ago and as the Standing Order was being paid from an overlooked bank sub-account I rarely visit (changed banking method),

I forgot all about the debt and Standing Order.

I did not receive any communication from CAPQUEST from this point, even when I told them I was moving.

In the intervening period I have moved a couple of times.

I informed CAPQUEST of the first move, but not the second.

To be honest, so many years had passed and with no annual statements or communication with CAPQUEST I forgot they even existed until recently.

In October last year I received a letter from CAPQUEST stating they had just purchased the account and requesting I telephone them to discuss repayment.

At first,

I thought CAPQUEST were chasing a Statute Barred debt.

I wrote to CAPQUEST stating the account was Statute Barred.

They responded confirming that they had receive a recent payment of £5.00 which confirmed the account was not Statute Barred.

After a little digging around in a dusty loft I found my old AQUA file,

where documents confirmed CAPQUEST had been assigned the account in December 2010 (not October 2017 as they were now suggesting),

and a document confirming the outstanding balance of £1503.00 – not the £1976.00 now being claimed.

Having established the debt was still ‘live’ and not Statute Barred, I made a CCA request. CAPQUEST returned the attached.

I would be extremely grateful if someone could look at the attached and advise if this agreement is valid.

Once I have a response, I will continue with the rest of the story and what has happened to date, including the results of a SAR.

Many thanks in anticipation…

AQUA REDACTED UNSIGNED AGREEMENT.pdf

AQUA REDACTED SIGNED AGREEMENT.pdf

looks ok

they cant increase the debt mind

Thank you dx100uk

- I thought they could add interest?

I thought I had read somewhere that not adding interest after the assignment is only a recommendation (in FCA CONC?).

I would love someone to signpost me to something that confirms they are not allowed to add interest and charges, as this might give me some leverage.

The added interest of circa £500 is a funny one.

They only added it for a specific period and, if my maths is correct, does not appear to relate to interest rates in the original CCA.

I will post a lot more detail on the matter of the added interest soon.

I need to redact and scan in the statement and consider the response I have received today to a complaint I submitted to CAPQUEST

did the OC terminate the agreement and send a default notice?

Yes, I believe AQUA did.

I have kept the file with all the original correspondence.

I will take a look back to 2010 and dig out the originals.

please DN and TN if you have them

scan to PDF

read upload

Default Notice and what is TN, please?

termination notice if one was issued...

dx

I have been through all the documents that CAPQUEST have sent me in response to my SAR.

There is no DN or TN.

I am still checking my old AQUA file, but have not found any DN or TN either.

Please find attached a chronology to date.

I am still working on it and will amend as documents/events come to light.

With regard to the SAR,

the response has missed several documents that I have copies of.

Mainly letters I wrote to CAPQUEST.

Additionally, there are documents I have never seen before (constructed?)

.Is this grounds for a further complaint?

And here is the statement they sent me (first since 2009) in response to my recent request.

Take a look at Page 2 and the addition of the interest lump sum.

Following my complaint, they have since sent me a more detailed statement, showing alleged interest added per month, saying the 'lump sum' appears as they transferred systems!

The interest rate does not relate to that stated in the CCA and is only applied during a specific period - strange.

170112-Redacted Pompey v CASPQUEST Chronology.pdf

171124-Statement.pdf

who was the sar too?

CAPQUEST.

I think it may be pointless sending a SAR to AQUA, as the a/c was assigned in 2010 and AQUA probably would not have retained any records from that long ago - but then again, if you think it might be worth it I have no problem sending another SAR

now send one to the oc

pointless sending sar's to a dca,

they can make up whatever they want.

OK. Wii send SAR to AQUA

SAR sent to AQUA today.

Any advice on the interest the DCA has applied to the account?

In their letter of 06.10.2017, they write "we will not add interest to this account" - clearly this is not the case.

I did point this out to the DCA in my complaint, but they ignored me, just confirming they had added interest - no explanation of why and why only in a specific period or an explanation of the rate they have applied

get all the info 1st

SAR received and signed for by AQUA 16.01.2017. I look forward to their response

I have been through my old AQUA file and scanned all documents in as PDF. Please see attached chronology.

There are three statements 15.07.2009, 14.08.2009 & 15.09.2009 which contain reference to 'Notice of Default Sums' (see attached scan). There are no documents that I hold that constitute a bona fide DN or TN, but I will have to wait and see what the AQUA SAR turns up.

How do I delete uploaded files from my cache please?

140809-POSSIBLE DN WORDING.pdf

170118-REDACTED Chronology.pdf

under user cp

I think one of your main problems is you continue to have entered into so much totally pointless letter tennis

once a CCA is failed

you stop all comms until/unless you get a letter before action/of claim or a claimform.

Understood, and thank you for your advice.

Nothing else will go out unless advised.

Next step is to wait for AQUA SAR response.

Just received the SAR response from AQUA.

There is no DN or TN.

Interestingly, they have provided copies of monthly statements since 24.07.2013 to 25.06.2017.

Bare in mind I have a NoA in favour of CAPQUEST dated December 2010.

All statements show a balance outstanding £1,503.54 which is obviously different from the £1,971.83 now being claimed by CAPQUEST

could be fatal if CQ want to do court then

Thank you.

What should I do now?

lets see what they do eh?

Any news

this is identical to what i am going through with Capquest and Marbles funny enough,

mine has been passed to NCO Now but my credit file keeps having late payments against it for last 2 month after 8 years of on time payments with payplan

i am screwed as i rang marbles and they have nothing on file as it has been later than 6 years

Capquest say they cannot deal with it as NCO are dealing with it

all my other accounts have been wiped as 6 years and older except this one

( which i am sure would have defaulted at the same time 2008 )

but capquest say it is a live credit account?

https://www.consumeractiongroup.co.uk/forum/showthread.php?485106-Default-Date-confusion&p=5099570#post5099570