Hi, Things are finally moving. Capquest have responded again. The situation so far... I've been paying capquest for about a year for a Natwest Loan from 03. Sent a CCA request 7/01/09- dated 6th Capquest sent me an 'account on hold letter' 9/01/09 (So stopped paying) I sent a letter for default of my request 20/01/09 Recieved this morning an agreement 'from' Natwest dated 19/01/09 Re: Request for copy Credit agreement under section 77 of the consumer credit act 1974 I refer to your correspondence dated 6th January, regarding the above account. Please find enclosed a ''true copy'' of your credit agreement as requested together with details of the amountpayable, amount paid and arrears on the account. When responding to requests made under section 77, the bank may provide you with a ''true copy'' of your agreement in accordance with regulatio 3 (1) of the consumer credit (cancellation notices and copies of documents) regulations 1983. This means that under section 77 there is no obligation for the bank to provide you with the original agreement bearing your signature. A ''true copy'' does not need to contain any personal information relating to you as the debtor nor does it need to include a signature box, any signatures or dates of signature. I trust this explains the bank's obligations under section 77 and is of assistance to you. Yours faithfully Recovery manager 2 pages contained; The first is page showing the loan details, amount, interst, APR, repayment amount. It's just a computer print out off a word proccessor, not a photo copy of anything I've ever been presented with. Page 2 is half a page of t&Cs. Also another 2 pages, titled Loan protector certificate of insurance none of my details, it's just 2 photo copied pages of T&Cs Then a final page listing missed payment dates. Again just another print out off a computer. What do I do now? should I just set up another payment plan to Capquest or is there anything else I can do?

Hi robnfc:) I'll look into that. It's a rented property but I've got all the paperwork so I'll check it out. I'll tell the service rep the situation when he turns up and see what he thinks, although I don't think he'll discuss it with me, I'd imagine he'll just test then write a report for his office and they'll update me after.

LOL:D and so true:D

Be good if someone got a camera in the training room so we could all see what info they're told. It would help us understand their mentality a bit more

The problem is this cap one 'debt' is from Jan 08, which is why I'm being a bit cautious because I'm sure they can get a cca if they can be bothered, but they're just not showing me any respect at the moment and completley ignoring me. I must admit that the cap one default notice didn't meet any of the points it should have done. Infact I might post it up for the entertainment value, it really is pathetic.

Thank you, I understand now;) Ok, I'll stick to the standard dispute letter and wait for a response

Anglian replied to my letter this morning. They said they are sending a rep on the X of this month and will need access to the stop tap. Be interesting to see if there is an external leak though which has contributed to the bill.

I completely understand what you're saying. My only thoughts were that by challenging to take the account to court with a full description of my circumstances that clearly shows it would be a fruitless venture then they might not bother. But I take onboard about them getting a 'rise' from my reaction. Will letting them know that court is pointless for them really not be a good move?

I vote both:D I've been trying to post a copy of the letter (above) that I'm going to send but it keeps going wrong:( anyway, I'm going to stand my ground, inform them that I have no home, savings, or anything apart from an income purely of benefits. If they wish to let a judge decide then so be it. (I may be back asking for help with court forms)

I thought I would add this into the dispute letter. The reason being that I'd rather they just said if they were going to apply to the court. Good idea/bad idea? is there any legal point that I shouldn't have added that paragraph into it or is it fairly safe? Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. I am disappointed that you have ignored my request dated 7th Jan 2009. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**. I am not a home owner, the debt is below the level of demanding an SD, my only income is benefits, I have no savings or assets and I have 2 young children to support. Should you wish to attempt court action, which will be strongly defended with the request of costs, please note the above and following.... I will submit in my defence my expenditure sheet which shows my low finances displaying the low amount of benefits my children and myself have to live on, I will submit a copy of my original CCA request with proof of receipt. As there is no financial gain to benefit from ignoring my legal requests submitted by me or taking me to court I would suggest to you that you either provide the requested document or give this ‘claimed’ account back to Capital One so that it can be handled in a professional legal manor, otherwise I will be more than happy for a county court Judge to settle this matter. As said before, there is no financial gain to pursuing me, but if you so wish to do so then please forward the given court date and I will prepare my defence to challenge you and your illegal practices before a County Court Judge. Letter continued as per template..............

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good news:D I'd rather not go to court but for my £300 - £350 'debts' I'd be interested to see if they bothered.

:lol:

I understand what you're saying, and to a degree there is truth in the statement. Don't confuse field sales ( commercial) with the likes of direct sales, Double glazing ect (much experience) Sadly, commision chasers (even dca phone staff) are as you describe, not all but a majority, it's a tough environment. I'd love to be a whistle blower, I could confront one of the UKs largest double glazing companies for their practices. Commercial field sales aren't quite as bad, but I do see where you're coming from.

The P/O costs about 50p I think. Well worth doing though:)

That was the same position I ended up being interviewed for. The agent told me it was for field sales (rep) Being unemployed once had a stigma attatched to it, but with recent times being unemployed is becoming as common as being employed. The figures today estimating 2 million out of work by the end of the month (or was it by the end of Feb:??? But it's not our fault!!!!! I'm sure I read somwhere today that the latest bright spark idea is to send new JSA applicants on a 2 week unpaid work trail of the job centres choice to prove you're looking for work. Well that's just great. That'll really help.

Thank you David:) Why oh why oh why oh why did I start in the first place?? My parents always told me how bad it was, maybe that's why I started. It might have been the thought of doing something I wasn't allowed to do. I've got to try and stop my children now. I don't know how to approach the subject. I now know how addictive it is and how difficult it is to stop. But how to tell them that without them taking the same view that I once did? mmmm:confused: One of lifes great challenges I suppose:rolleyes: Iv'e got a few years yet the oldest is 6, youngest is 16 months

Thank you davethorp, yes that does help, alot. Although we don't have an oil heater we do have lights on at night for our children because they are so young, so taking the lowest estimate that you mentioned and including the % that E.ON want towards arrears then I can say with a great deal of confidence that a meter is not affordable. I do like the idea. It would make us 100% energy efficent, because we would have to be. But we still need to have a standard amount of usage and it's just not affordable with the arrears included. Our house is 2 nearly 3 years old and every light fitted is an energy saving bulb but it's a type that isn't available in shops, only direct from the manufacturer. Some people might know the type I'm talking about, they cost around £25-£30 each and we have 6 that have blown out and 3 that are nearly gone. So even more expense:( We're using lamps at the moment - bring on the Summer:) I'll stick to my 2nd offer letter on that basis. Where do E.ON and I stand reference to the law on this one?

Hi davidg007, I am indeed:D I haven't even felt the need to have one in the last week:) Going cold turkey was HARD, very very hard. But, the short amount of distress was well worth it because it didn't take long and I snapped out of it. All 'clean' now:) A huge thank you to everyone that supported me on this thread! you have all helped me to live longer:D

Just subbing as my O/H has an MBNA c/c with similiar problems.

Thank you to both of you:) If like my other debts this one was old then I wouldn't have an issue. Lumi - The last paragraph in post number #34 in your thread on the link you gave me is exactly how I feel right now:confused: I'll hold back on a payment descision and remind them the're in default of my request. It's typical because I sent 'in dispute' letters yesterday but stupidly missed off Fredrickson:mad: Am I right in thinking that before they approach a court request they change their letter head to 'Bryan Carter'? In which case they're not very advanced with their usual illegal operation:rolleyes:

Hi all:) I started a thread on how I should deal with Lewis DR and applied the advice I've recieved to the other dca's I'm dealing with. But one DCA has taken a different approach to the others and I need help to understand what to do. It's Fredrickson. I sent a CCA request along with the others on the 7th Jan. (dated 6th) I also sent a harrasment letter to Fredrickson 7th Jan. (dated 6th) They replied to the harrasment letter 14 Jan. But they ignored the CCA request. But, I've received a letter from them this morning, 21st, saying that I have failed to arange a payment plan and I must phone them to give my proposal of how to settle the debt as IT WILL NOT GO AWAY (their words, not mine) The letter is dated 13/01/09, so they claim they sent it a day before I received the harrasment reply a week ago?? Anyway, so they've completely ignored my request. The debt is a c/c cap one, from around 1 year ago, so I'm positive they'll be able to get their hands on the CCA. Would that explain why they're being stupid with me? that and the fact that I complained about harrasment. I just get a feeling that if I stand my groud then they'll just keep ignoring me and then at the final hour produce the cca for the court and I'll be stuffed. (don't want a CCJ, or to mess about going to court) What's the best way to handle this situation now? I admit I owe cap one. I will pay (what I can afford £1 p/m:p) but I wanted to see the cca and check all is well because cap one didn't tell me Fredrickson had the debt, and all the other dca's I'm dealing with have been a bunch of con merchants:mad:

Hi again, and thanks everyone:) I've followed the advice and this morning received a reply from E.ON. They've rejected my offer but made a counter offer of double. They have explained the reasons for this, stated my weekly usage and how much extra they need towards the arrears. In my offer I stated an amount I would pay per week for 6 months and then an increased amount for 6 months after that (a 150% increase, which after working out our finances would be affordable) This would clear our arrears and pay bills sent within this time period. So at the end of our proposed year plan we would in theory be in credit. It all works on the basis that we can't afford much this first half of the year so need LOW payments but the 2nd half we'll be better off and can make much higher payments to catch up. So anyway, E.ON aren't interested in that idea they want high payments from the word go regardless of a 12 month plan to get the account into credit. They did say in the letter that if their counter offer was unsuitable then they said we should consider a prepayment meter with a set amount deducted per credit. I don't know were we stand on this because our house is rented from an association. I'm going to make 1 final offer of a couple of pounds more per week than original proposed. We really can't afford any more than that for the 1st 6 months. The question is if anyone can help, is, roughly how much money do pre payment meters use per week? We have no experience of them at all. I've got to take into consideration that a % of what we put on will be wiped for arrears anyway. we're a 2 bed with 2 adults and 2 children, are these meters in general more expensive than a non meter bill? The problem is that if it's going to cost more per week than my offer to E.ON than it's not going to be an affordable option. If we or our association refuse to have a meter installed what would E.ONs actions be? or more to the point, where do we stand an a legal basis?

I didn't put the 'no acknowledgement' statement on my Capquest cca request and they still put the account on hold with no problems, but, that's not to say I did the right thing, somebody else may have to clarify that. Hope all goes well:)