Thanks once again for your help. Should anything arrive from CapQuest I'll post it up but presume I could demand to see the original document/application form to ensure it's legitimacy?

And finally if a true copy of this application form is sent (both sides) and the reverse does in fact show APR% and payment terms would this then become enforceable?

Hi Thank you again for your assistance in this but can you please confirm that I should be adding CapQuest & MBNA in paragraph 2? As the information that CapQuest has sent is in fact a copy of the application form does this mean that the debt is not enforceable as they have failed to provide the relevant documentation?

Apologies but I couldn't get the image any larger !! This is in fact an application form on which there is no reference to %APR, credit limit, repayment terms .... although it does state in the Principal Cardholders Application section "Please issue a Bank of Scotland Affinity Mastercard to me. I confirm that the information given is true and complete and I authorise you irrevocably to disclose any information to any credit reference bureau or third party for any purpose connected with the Bank's business and to make such enquiries as you consider necessary (including a request for a reference from my bank) in connection with this application or Credit Agreement. I accept and agree to be bound by the Bank of Scotland Affinity Mastercard Conditions of Use(as set out overleaf and as amended from time to time)" . I have only received a photocopy of the front of this agreement so no idea what may or may not have been detailed overleaf.

Hi I have finally managed to include the CCA - look forward to your guidance.

Unfortunately Capquest have now responded and provided a copy of the signed CCA. This was signed in Nov 1993 on an agreement with Bank Of Scotland who I assume MBNA purchased the card accounts from. Obviously my father does not have the funds to make any payment as was fully explained and agreed by MBNA so I'm not sure as to what can be done next. The CCA information did take longer than the 12+2 days. Has anybody any suggestions on what course of action is available to us as I guess these people are not going to go away?

Hi , I sent Scott's letter as suggested as CapQuest have now come back with another standard response dated 12 October. " We thank you for your recent correspondence. We can confirm that we have requested a copy of the agreement from MBNA Europe Bank. We will forward this once we receive it " Can you suggest what action to take next? CapQuest are well outside the dates in which they should have provided this information but what can they do next assuming they can obtain a copy of this info? Surely this must have been provided to them when they purchased the debt?? All suggestions and help greatly accepted

Cap Quest have finally come up with a reponse to my letter sent 09 Sept , dated 02 Oct. All they have sent is copies of his credit card statements from MBNA for from 08 Oct 08 to 26 June 09 with a covering letter. The cover letter states " Further to your recent correspondence. Please find enclosed documents as requested, If you are not currently repaying this account on an agreed arrangement, it is now imperative that you deal with this matter immediately by sending your payment direct to: PO Box 396 Fleet etc ............... along with various other payment methods. Also states that " We have placed your account on hold until 11 October , if we do not receive contact from you by this date yoyr account will be passed to our collections department for further action" I can see no signature from my father on any documentation they have sent me and no reference at all to a CCA. Any suggestions on what next steps (if any) should be taken or requested?

I sent the CCA request to Capquest on 09 Sept which they replied to on 11 Sept. The letter is just a holding one the main content of which reads "Further to your 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 required. If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our Collections Administration department, so that we can resolve this matter as soon as possible" Is there any action you would recommend before/if any further correspondence from them? Thanks

Hi Thanks for your advice. I am already his representative to MBNA once this problem fisrt arose but now that the debt has gone over to HL Legal they are only trying to contact him. I will go along with the CCA request

Hi, My father has certainly not signed anything at all for H Legal or CapQuest but he would have initially for MBNA or the previous cc provider that MBNA took over. So in this instance should we just continue to ignore the threats by phone and mail?

The debt is in may father's name. Foolishly the card was taken out in his name so that they could make use of PPI should he not be able to work , my mother's illness would have rendered this invalid. I beleive the card may have been taken out to consildate existing debts?? I have discussed the PPI with MBNA as my dad has been retired for over 3 years making the main benefit of the PPI useless as he had no salary to be covered if he was unable to work. They have ignored my request to utilise over £2k in PPI payments against this debt which they had agreed to write off for around £3500 Do CapQuest effectively need to provide me with CCA signed by my father to enforce the debt?

Capquest have now started to call my father on a daily basis but he has refused to talk to them. A futher letter has now been received from HL Legal stating that if my father does not pay up by 27August , court action will commence and additional fees added to the account. Can anybody advise how to respond to this, if at all?

My father has now received a further letter , this time from CapQuest Debt Recovery who claim have been sold the debt from MBNA. There are some inaccuracies in their letter, such as MBNA claiming there has been no contact with them when there has and alos they claim that if no contact is made by 12 August they will instruct HL Legal to contact my father - they have already made contact !!! Can I have some views on what the next course of action should be? I'll feel ignoring the letter may just escalate the hastle that my father will receive. As I mentioned before MBNA agreed that my father did not have the funds to settle this debt!

mr.ton thanks for your help