thanks for your answers guys, i'll speak to the CCCS as well and hopefully if they get involved paypal will stop harrassing me .

sorry, think theres confusion here. i sold the tickets so obviously the tickets never got sent (gigs never went ahead) and i definitely owe the money. my only concern is that when i tried to explain that i am in a financial pickle and that i have every intention of sending the money - but in installments - they are having none of it. and they are sending emails every day to my work and leaving messages on my work phone adn on my mobile.

I hope someone can help... I have a problem, after a turbulent 8 months where I went through a temporary separation (which is still pretty wobbly) and got into considerable financial difficulty, I took the step of setting up a debt management plan with the CCCS. But in the past month or so I've had a nightmare with Paypal. I bought Michael Jackson preview tickets for August way back when they first went on sale, but was subsequently given tickets to a festival which clashed, so I sold the tickets on ebay. When he died I didn't have the money. Nowe, I know that's my fault and I take full responsibility - in hindsight I should not have spent the money until the gig had taken place.The money that was refunded went straight onto a card i have no access to because of the DMP. I first sent the buyer an emailing explaining my situation and being very apologetic adn offering to call to discuss setting up instalments but he never responded. I then spoke to paypal and asked the same thing - if my buyer could be included in my DMP and paid in instalments. Paypal have continually ignored me and now my account is in deficit and they said they are taking legal action. What should I do? I was to clarify I do not want to avoid the debt, we are talkibng about a person here amnd I don't want to rip anyone off. I am really stressing out because the email on my paypal was my work email (stupid I know) and they are calling my work phone, my mobile and sending emails through my work constantly. I'm not entirely sure what to do. any help would be much appreciated. thanks.

Hello again... I'm sad to say I'm back. After months of no communciation, I suddenly received a letter from capquest saying that they were passing my debt onto a third party but i could stop this by paying only fourhundred (and something) pounds. is this a ploy? I have another problem, after a turbulent 8 months where I went through a separation and got into considerable financial difficulty, I took the step of setting up a debt management plan with the CCCS, but in the past month I've had a nightmare with Paypal. I bought Michael Jackson preview tickets for August way back when they first went on sale, but i was given tickets to a festival and so I sold the tickets on ebay, when he died i didn't have the money and so spoke to paypal saying I was on the DMP and was more than happy to enter into an agreement with the buyer so I could include him in my DMP and pay him back in instalments - the buyer hadn't responded to my email suggesting this, probably becauise he knew paypal would pay it back in full immediately. Paypal have continually ignored me and now m account is in deficit and they said they are taking legal action. What shold I do, fair enough, in hindsight i shouldn't have spent that money before the date of the gig just in case, but it's easy to say. I don't want to avoid the debt at all, this is a person we're talking about here and I absolutely don't want to rip anyone off. Should I forwrd the details onto the CCS so they make an agreement with the debt collection or shold I deal with the debt collection agency myself and just pay in instalments, can they put any charges on top of that? Really stressing out because the email on my paypal was my work email (stupid I know) and they are calling my work phone, my mobile and sending emails through my work constantly. any help appreciated.

Thanks Martin for merging the threads and for getting back to me on the SAR query. I asked them repeatedly for a statement of account as I can't udnerstand where the figure £1,395 has come from, but they won't furnish me with any figures. Should I sit tight and wait for their next move or be proactive and write to them saying i wish to see exactly how much the debt was initially for and then make an offer to settle. I still am not sure if my agreement is enforceable. They clearly have something with my signature even if the document they sent to me look cut and pasted. I just don't want to get myself into a mess. If I owe money, I'll pay it, but only the money I owe fair and square. I just found their l;etters to be confusing because they're saying two different things; one says account is on hold for 28 days, the other says it will be progressed to legal on 7th Feb! Also, how come, if they have all the paperwork they need are they not chasing me for the full amount and making me offers to come to an agreement to partially pay? sorry for asking loads of questions, but my only access to a computer is at work which makes it really difficult to spend much time researching everything fully! i have read quite a bit, but haven't seen another egg agreement the same as mine!

okay, i get back form being away to two letters, dated the same day 29th January. Letter one says that the balance has increased by £10 to £1,395 and states that "further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information require. If you have any proof of payments or corespondence that would assist with your query pelase forward these documents with a brief covering letter to our collections administration department so that we can resolve this matter as soon as possible" it then gioves me a national call rates number to respond to. The second letter opened says: "Pelase be advised that as you require subject access information the following is necessary in order to process your request. a) a cheque for £10 ibn respect of aadministration charges made payable to capquest investments limited with reference nuymber adn record fee only clearly written on reverse and b) proof of your identity, such as drivers licence and document which links you to your address (if this has already been supplied please ignore this request). We have placed this account on hold until 7th Feb whilst you compile this information. If we do not hear from you by this date your account will be passed to our collection department for further action" So, which do I take notice of? Do I pay them the money? Why are they threatening legal action one minute then offering me deals the next. what do you think my next steps should be? I was under the impression that I should send a subject access request direct to Egg, not capquest? questions, questions!

also this cca is dated 28/09/2002, does that make a difference?

nope nothing there? just two pages, back to back as i've scanned. it just looks a bit weird really and looks liked stuff has been copied and pasted. I guess my only option is to wait and see if they can send me the proper agreement. have you ever seen an egg agreement liked this before? i've spent a while going through threads but can't find someone with a credit card agreement i can compare it to which is a pain.

okay it's winging it's way recorded delivery now....with this added onto point 1: (I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances) hope this suffices and will probably be back when they follow through. which no doubt they will. thanks again for your help and advice it's very much aprpeciated!!!

no thread, or was this referring to the one you posted on next page. thanks everso much for you help and advice. i'm at work and really busy but just need to get thos sorted for my own peace of mind.

thank you!! reading through, would this be good to send, if so I will send recorded today: Capquest Debt Recovery Limited Fleet 27 Rye Close Fleet Hampshire GU51 2QQ 26th January 2009 Dear Sir/Madam, REF: xxxxxx This is in acknowledge of your letters dated XXth, XXth, XXth January 2009, the contents of which have been duly noted. As a result of you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact with regard to alleged sums outstanding, and alleged owed by me on the above account, I remind you of Civil procedure rules protocols.(Pre action directions). I put forward that you now have a requirement to provide me with; 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required. 2 All records you hold on me relevant to this case, including but not limited to: A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me is required. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. Copies of statements for the entire duration of the credit agreement. I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules. I will give you 14 days to respond with the above, failure to comply will result in a complaint being made to the Court. Furthermore, to the FOS for any breaches of OFT and CCA codes. This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper. Specifically this relates to one or any number of the following; * demand any payment on the account, nor am I obliged to offer any payment to you. * add any further interest or charges to the account. * pass/sell the account or outstanding balance to any third party. * register any information in respect of the account with any of the credit reference agencies. * issue a default notice related to the account. I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request. I await your response, should you need further clarification on any of the above points, I suggest that you direct them to your legal department. Yours faithfully NAME 26th January 2009

did you get any answer on the egg CCA? only i have a thread of my own where i have scanned up a copy of an 'agereement' by capquest photopcopied back to back. Does this look similar to yours and would it be enforceable do you think? No one seems able to tell me and i can't find anyone in the same position on this site. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/177164-capquest-need-help-second.html

also, i just found this on another thread. this must mean that my agreement is enforceable so my only option is to find out exactly how much it's fopr. should i go to egg with a subject access request or capquest with a request for a breakdown of initial debt and any charges added. what then am i liable to pay and should i make an offer? i'm sorry about this, but i am now so confused and stressed i am nearly in tears!!! shall i just offer to pay it, i really don't want to go to court, i can't get the time off work and just don't want this going any further than it has too.

CPR method? should i use the template as per post #26? but without the forgery bit? sorry for all the questions and thanks for your advice!

great, hopefully we'll both find some answers! cute cat by the way.. i've got two!