resend in case anyone today can help.....

Sorry - i've been sat, watching and hoping for a reply - can anyone help me respond to the latest 2 x letters please?

Hi everyone

Got 2 x letters today.

1st letter from CAPQUEST (content below)

We thank you for your correspondence and respond as follows:

we can confirm that your letter has been passed to the relevant department.

2nd letter HL LEGAL SOLICITORS (content below)

We act for Capquest Debt Recovery Limited.

You made an arrangement to repay this debt by Direct Debit on 02 Nov 06 for the amount of £74.65 which was to be paid monthly (incorrect - an arrangement was made for £20 per month to be taken, before I was educated about what paperwork they should provide me to prove that they can take money from me. Also, the amount of £74.65 was an amount I did not agree to and also an amount they took whilst the account is in dispute. I still await my full CCA paperwork from July).

Take Notice: We are instructed that the direct debit mandate has been cancelled. If you fail to repay the arrears on the arrangement you have made by 25 Dec 08 further action will be taken and we will be seeking the full amount of £2***

Furthermore, if you commence payments and fail in your commitments in future without good cause or reason, further action will commence without further notice.

Contact the Capquest Debt Administration Office to avoid any further action on 0870 *****

The escalation in the collection process may involve you paying costs. In the event that proceedings are issued and judgements obtained it will make it difficult for you to obtain credit. we strongly recommend you adhere stringently to your arrangement and act on this letter immediately.

How to pay .......

Yours faithfully

HL Legal

ha ha. It's a great letter. I've got a great response in my head, but it's probably not the best one.

Please someone, help me.

The points outlined are:-

1) I CCA'd them July / august time. They only sent to me an unsigned by Egg agreement but it did have my signature on. No statement of accounts, copy of t's and c's or other paperwork included

2) They informed me the account was in dispute but then took payments in Aug, Sept, Oct, Nov & Dec.

3) I wrote to them (letter in one of my above posts) asking for them to provide me with this information and stated that the account was still in dispute.

4) They proceed to take a large payment than ever agreed (i guess they wanted to put up in value my monthly payments huh!!!) and now that i've informed them the DD is cancelled and I wanted them to pay back in full the payments they took whilst the account was in dispute, I get these two letters.

How to respond please? Anyone with legal or good experience know how?

Thanks

ho ho ho, merry chrimble!!!

For me, it was the wonderful DLC. I still type them into Google, in order to find this site!!!

Hi all

Just to keep you up to date (in case you're interested)....

I wrote again to Capquest, stating that they had unlawfully taken payments from my bank in Aug, Sept, Oct, Nov and Dec even though my account is in dispute.

I also asked them to refund this money they have taken (yeah right - as if) and that I would go to OFT about them.

I also cancelled the DD with the bank so that they can take no more money. As they had said in their letter to me that they would enclose a copy of my statement of money paid to them (and did not) I congratulated them and requested that they still send this to me.

now -how do I go about pressing them to pay back the money they have taken while the account has been in dispute. I do want to make a point here, the account was in dispute, they did not send to me the documents required from my CCA AND they decided to up the payments I make to them.

Unsurprisingly, they've not responded to my most recent letter. Which makes the letter from July/Aug when I sent for a CCA well and truly past the 18 + 2 or whatever it was time line for them to equip me with the information I requested.

What powers do I have now - or am I kidding myself.

Thanks all - hope your christmas preparations are going ok if you're into celebrating it that is!!!

Thanks for modifying my posting!!

I know. it's naughty to swear.... I'll write to them tonight, you never know, I may get a refund by this time next year.

I shall make the points you suggested. Thanks very much (although they know full well, they're just being their usual rubbish selves!!)

I am livid

Today i have checked my bank and they've gone and taken a payment. and not only a normal payment but a higher payment than usual.

i'm sorry, but the account is in dispute and they've taken this payment today.

My bank has said the only thing I can do is pop into my branch and see if they can do an indemnity claim for me.

I want the money back now - they've increased the amount and I am [edit] livid. What can I do. I hate these [edit]!!! Now I have almost zero money to get me through this month.

Please, someone give me a kick ass letter that I can send to Capquest. As I'm not phoning them at the moment, i don't know how else I can get the money reimbursed to me.... anyone fancy making a phone call for me (ha ha)

Thanks

Oh great! just saw the link before I read the rest of the threads and have signed up for the free report....

guess the post box will get a new level of lustre the next few days.....

Hi all

Sent the letter I posted up here earlier on, with the criminal offence changed to summary offence.

So, now I got this response from Capquest.

We thank you for your correspondence and respond as follows;

"Please note that as we are acting on behalf of our client a deed of assignment for the above account is not applicable.

We have requested a copy of the terms and conditions relating to this agreement, details of Condition 12, the default notice and statements relating to this account from our client. These will be forwarded to you as soon as we receive them from our client.

A copy of the statements of your account showing payments made to Capquest Group Ltd on this account is attached."

Yours sincerely

By the way - Capquest, in their usual fantastic form, did not attach the statement of account showing payments I have made to them. So i'll be writing to them about receiving this.

What do you all think??

How should I respond

Thanks all once again!

Cool! Thank you!

Resending with my question mark so you all know i'm nicely,asking for advice

Hi everyone

Can you all please read the below letter that i've compiled. I don't know if it reads ok as I've just taken snippets of suggestions from people on this board and thrown it together. Any grammatical or any other amendments greatly appreciated.....

Thanks!

Dear Sirs

I am in receipt of your letter dated 4th November 2008.

However, I would like to refer you back to my letter dated the 23rd July, stating that under the Consumer Credit Act 1974 (Sections 77−79), that I wished for a copy of my credit agreement on this account.

Capquest were required to " give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” under this act.

You did not send statements of the account, transactions, current balance and T’s&C’s. Your document you sent to me refers to T&C’s, as it states" Egg card conditions a copy which is enclosed" and it also mentions "by giving you notice under condition 12" which you also did not send.

Furthermore, the statement you sent was not signed by or on behalf of the creditor. In this case, I believe this document to be a pre-contractual document as it is not signed by the creditor.

As you have not responded satisfactorily to my original request, I remind you that my account is still in dispute. You wrote to me informing me that my account was on hold until the 17th August but proceeded to take a payment from my bank on the 11th August.

I would remind you that for you to pursue this debt whilst this account is in dispute is a criminal offence.

You shall not take any further payments until my CCA request has been satisfied and I am sent full CCA paperwork along with a copy of the default notice and copy of the Notice of assignment on this account.

Hi all

Other half got another letter today from Thames Credit. They sent some halifax print off statement of the loan but no other documents.

They've also got a much higher value on the debt to them. Original debt was for £9,900 and today, it stands at £17k. Not bad huh!!!!

As they have not presented us with the CCA within the statutory time limit, in fact, its months overdue can we respond and say, "look morons, you've committed the offence here..."

I've looked through the standard letter templates and there's nothing there that I can send that says, "you've not sent the CCA within the required time frame, you're screwed" or something along those lines.

What do you all think. I want my fella to send a letter to them but don't know what to put in it now.

Any takers? Thanks

That's what I wanted! Thank you very much. Will keep you all informed of how it goes!

Thanks again

Hi all

Letter received today from Thames Credit. To put you all in picture, CCA letter was sent, the 10+2 days passed then received letter (wording as per first posting in this thread).

Ignored letter and filed away.

new letter received today stating:

"we are writing to you because our records show that we have not received payment from you in accordance with the agreement we reached.

It is important that any payment is received by no later than the agreed date, otherwise our automated procedures will return an account to our Collections Division. In those circumstances it is usually the case that all accrued interest is added back to the account and any discount offered to a customer is withdrawn. In other words the full balance will become due and payable.

Therefore we would ask that you telephone us immediately, so that you can make payment by debit or credit card, or agree another payment date.

If for any reason you cannot make your payment, again it is important that you telephone us without delay, to prevent further action being taken against you. We are sure you will understand that.

We therefore look forward to hearing from you as a matter of urgency."

blah blah.

So,

1) we won't be phoning

2) we're not unduly worried or threatened about this letter.

What I want (please help if you can) is the wording or a template letter to send back to them to say, in effect "no CCA = no payments, stop hassling" Or any other comments welcome.

Thanks

Hi

Thanks for responses - liked reading your brainstorming

Should we send them a letter then? Saying, screw you, or does anyone have a slightly better worded letter we could send?

Or do we just sit tight?

Hi

SAR letter being compiled. Is it to Egg or to Capquest?

Hi all

Having got into the spirit of writing to all my creditors, my partner sent a CCA request to Thames Credit.

Here's their response:

You have requested a copy of the original Agreement citing the Consumer Credit Act 1974.

We are not the original creditor. We did not provide you with the original credit facility. we purchased your outstanding debt balance and the right to collect that balance, together with the right to apply interest in accordance with your original Credit Agreement. We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that Agreement.

However, as a matter of good practice, we will seek to obtain a copy of the original Agreement from the original credit grantor and if that is available we will forward a copy to you.

We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding debt balance that was purchased by this Group of Companies.

... So - what do you all think? It reads to me that they're up the creed without a paddle. Anyone know how we should respond? Its not like my CCA request responses, where they say the account is on hold while they wait for the agreement.

My partner's stopped all payments. What else (any letter) that we should send?

Thanks all

Thanks. I sent my work colleague off with some letters to send to them and the parachute account details for her to open another account. Actually, this was me 6 years ago with Lloyds.... it seems so long ago and my defaults disappear in April (fingers crossed). I just remember it being really worrying times! I have given the web address details of here to my work mate, so hopefully she'll get some peace of mind soon! I'll keep you all posted. Hopefully come monday she'll know better which way to go!

Thanks for the link. If you could send over any templates, then that would be great!

Hi

Any letter templates out there, that I can forward to her to use?

Anyone had any luck with Lloyds in the past? do you think she should open another account in case Lloyds get nasty?

Hi Everyone

My colleague at work received a phone call from his frightened niece last night.

she's 20, has an £8k loan with Lloyds, and £5k of credit card debt (with Lloyds, Tesco and Dingles). She also banks with Lloyds and has no other bank account.

She's struggling to cope financially and has been on the brink of having a break down. She's defaulting on payments.

What advice do I give her? What letters can she send to her bank and creditors. She's petrified so we need to get her started. Its been 6 years since I was in this position so its gone a bit cloudy!

Thanks

Thank you Linus

Anyone out there got a good letter template I can send off to CQ?

Thanks

Thanks Linus

All those items you mentioned - are they usually covered under the umbrella term CCA (i.e. should this information have been sent to me following my request for a CCA?)

Thanks

Hi

Paperwork received back attached.

I'm thinking, statement of accounts? what about their lack of signature?

I've seen a few posts to other similar posts, but really, what can I write to them and say? I'm really not sure how best to word it, so if anyone can advise.

Do i dispute this again, even though they started taking money again (earlier than they should have, and even though the account was supposedly on hold....)

Capquest.pdf