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Leightonx1

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  1. Hello Everyone, Could use a little advice, I've been dealing with CL Finance for some time now, they ignored numerous requests for a copy of the CCA and just continued sending treats after leaving small gaps between my letters. I reported them to the FO because of this and today I received a letter saying they don't agree with my complaint and after over a year of requests and now liaising with the OC to get a copy of the CCA or a reconstructed copy. This reconstructed copy concerns me, I have a hunch the original doesn't exist and even if it did it probably wouldn't have the pre-described terms within a signed agreement as I never signed one being an online application from 2004-2005. What's to say they can't reconstitute one anyway with everything they need. Could really use some helpful advice. Thank You!
  2. Hi, thank you all for your fast replies, It's in relation to a Halifax CC debt circa 2003. Last Acknowledged payment was 2006. What they sent me was an application form (even said so on the top), it has my signature but no pre-described terms at all, I'm still yet to see any document containing the pre-described baring my signature. The DCA seems to think that by proving statements and separate T&C (titled conditions of use) that that is sufficient enough to make what they have enforceable. Here's some of the rubbish they have written in the letter; 1) It is our understanding that when you applied for a CC with Halifax PLC, it is likely that you would have received a copy of agreement when each card was issued, if not before and consequently would have had every opportunity to raise any issues in relation to your agreement blah blah blah 2)The copy of agreement may refer to the prescribed terms for the above referenced account; however it is sufficient for you to be provided with a copy of the full terms and conditions upon signing the agreement (so they are saying the signed application for with the separate T&C's is enough to make it enforceable). 3) The copy of agreement that has been supplied to you was the original application form from you signed with Halifax PLC when you applied for one of their CC. The document operates as an application for a CC which when accepted becomes a binding agreement. 4) In addition to this, the documents you requested under the Consumer Credit Act 1974 do not need to be provided on a single piece of paper and furthermore there does not need to be a physical connection between several pieces of paper documents to constitute a single agreement. They say they have once again passed it back to their collection dept, what should I do now? Btw this is the only letter they have EVER sent me recorded, all my letters have always been recorded and I made sure they knew that.
  3. Hello Everyone, Am I right in thinking that the prescribed terms have to be within the signed CCA to make it enforceable in a court? Providing separate (unsigned) terms and conditions would not be acceptable would it? Bit of back story... The DCA sent me an 'application form' with no prescribed terms but it was signed, they even accepted when I questioned it's enforceability that due to it having none of the pre-described terms within the signed document that they agreed it was unenforceable. Several months later they sent me the same 'application form' again this time with two separate sets of T&C (unsigned) and crudely copied. With the advice of the good people on here it was clear they still had nothing and so the sega has continued for over two years now with letters back and forth, about three months ago all went quiet. Until today I received a long winded letter basically saying that the T&C did not have to be within the signed 'application form' to make it enforceable. I think I already know the answer, but this isn't correct is it?
  4. Had a reply from the DCA today... Letter dated March 2010 in response to my last letter sent in early January (an amended version of the long winded letter within this thread). It's a very short letter and it basically says that they contacted Halifax who have said they had no record of a complaint from me in the past, my complaint is with the DCA and the fact they continue to try to claim for an unenforceable debt. The DCA has bought this debt, my complaint was in reference to the debt being unenforceable as the CCA they sent has NO pre-described terms whatsoever, and they have failed to produce one that has, instead sending me separate T&Cs which they have printed my name onto but don't bare my signature. They suggest I write to Halifax for some reason and have put the account on hold for the 5th time for 28 days until I send them my response. Should I just ignore them now, the debt is unenforceable and I'm pretty sure they know this otherwise they would have taken my final response in my last letter and began court proceedings. I have no reason to write to Halifax and have no intention of doing so, they have sold the debt, what good will writing to them do. Is this the DCA playing some last chance desperate games or something? Any advise would be much appreciated.
  5. Well not had a reply to that last letter as yet, not sure whether they have given up for now or whether they will try to sell it on again, I suppose the best thing to do now would be to do nothing until they rear there ugly heads once more?
  6. With all due respect angry cat I tried sending short concise and to the point letters for over a year now and they haven't got me anywhere, they still continue to pursue an unenforceable debt. Beside they started with the long rambling letters, they are just getting back what they dish out! Also, as recommended I removed all the emotion from the letter and kept it purely 'business like'.
  7. Wow! lilly white thank you so much for all that, it certainly looks substantial. How would I go about formulating that into a letter, simply start as per usual, correct them on the falsified information and data, then in response cut and paste this?
  8. I've read allot about CapQuest and many threads on here in the past, I think it's the norm that Capquest Investments Ltd initially buys the debt and then uses the child company CapQuest Debt Recovery to chase payment. I wouldn't be surprised that if one were to pay that a few internal transfers are made to avoid paying tax on it!
  9. Yeah, there is no signature on either sets of the 'terms' they just printed my name on the top of both of them. It is possible that they may have sent these after the account was opened through the post, but I don't recall ever seeing them until CapQuest sent them. The only document to bare my signature is the 'application form'
  10. Hello Everyone, thank you very much for your kind responses. Hi lilly white, well that document they sent me as a CCA has my signature on it (or what used to be my signature). Hi PGH7447, The charges I refer to were added by Halifax over the course of the account since 2003, but the majority of charges were added after I stopped acknowledging the debt due to disputing the charges in 2006. PPI was added on for months after that as was interest. In some months after the account fell into default they added up to three charges a month which is why what they say I owe now is built up almost exclusively of charges, interest and PPI, so far as I know CapQuest hasn't tried to add to this as yet. The last payment was made in 2006, but not by me, it was by a free consolidation service, they made two payments before I realised and asked them to cease. The last payment I made myself was in 2005, but I doubt this matters, so far as the law is concerned I guess my last acknowledgement was in 2006 as CapQuest state in there most recent letter. Hi diddydicky, you'll find the letter CapQuest sent me telling me they had bought the debt attached here. I did receive a letter from Halifax telling me they had sold it yes, but I thought at the time it looked a bit fishy, it resembled a home printed document. But I called Halifax and they confirmed it to be sold. Basically what I've done since March 2009 since receiving the letter of assignment was fire off letters requesting to see a copy of the CCA, they first provided the one I've uploaded in around August 2009. I immediately fired off other letters regarding prescribed terms being missing. In response they sent me the 'terms' documents I've uploaded and three photocopies of the CCA (I know not why they sent three of the same in one letter) and a set of statements. In each response over the last three months they have sent me more copies of the same three sets of documents each time. I sent another letter in Novemeber 2009 basically saying the CCA, the 'terms' and the 'statements' did not constitute an enforceable agreement. They agreed with me in part that the CCA (or application form as I call it) was unenforceable and then said they were dealing with my complaint, they subsequently never gave me a final response to this complaint and today I received the most up to date letter quoting the Manchester case. I know for sure the debt HAS been bought by CapQuest as I get monthly records of my credit files from all three agencies and the debt was 'settled' in these records with Halifax and re-logged with CapQuest. Pardon my ignorance if I'm wrong diddydicky, but if I know for sure the debt has been bought, is there any reason for me to do a subject access request? Is this what i should send in response to this letter and should I be at all worries about this last letter? Just in case it's relevant, I've never spoken to them on the phone. In March 2009 they did try calling me (allot) but I changed my number and have since communicated through writing. I have a record of every letter to and from and contrary to what CapQuest say all my letters are dated and have proof of postage as every one has always been sent recorded (some letters sent to numerous departments too).
  11. Hi diddydicky, Thank you for your response; In terms of a DN I don't have a copy of one, though Halifax may well have sent one as far back as 2005/2006, the account first ran into trouble when I disputed charges, I believe they may have defaulted it then as I refused to pay (the charges they had added exceeded the amount owed). I have a letter from CapQuest notifying me that they had bought the account; I'll upload this for you now. Had many demands for full payment from CapQuest since April 2009 when they bought it. That is the CCA they gave me, it looked as though they had ran it through a photocopier a few hundred times, it's the best they have given me. The last time the debt was paid was in 2006, it was unwittingly paid twice by one of those companies that help you reach agreements on your debts. Apart from this account all my others are paid off, this one accounts almost exclusively of charges and PPI insurance.
  12. I've just recieved a letter from a DCA that specifically mentions the Manchester case. So far as I'm aware the debt remains unenforceable regardless, but this last letter has me baffled for a number of reasons, I would really appreciate some help in writing a response. All the latest letters to and from are uploaded on a new threat I've started, if anyone can help. Thank you http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/244481-letter-dca-post-manchester.html
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