E = Experto Credite

Hi Jameson78, I am in a similar position to you in that CapQuest closed the file and sent it back to Capital One. That was at the start of April. A couple of days later I got the letter from Capital One saying they would not comply with the CCA request until I sent a copy of my signature. I ignored this letter (and would recommend you do the same with yours). A couple of weeks later I received another letter just stating that my account would be reviewed regularly. I haven't heard a thing since then .... three months and counting! Regards, Hangus

Hi Melita, Did you realise that you have left your Apex reference number on the scanned images? Hangus.

Hi, I am in exactly the same position as you guys with Egg/Apex too. Thanks as well, to BlurredFX for the points made in post #16 (your scales have been tipped!) Hangus.

Hi Mel, I received yet another copy of the "we regret you have chosen not to contact us" letter again today. When I complained about the CCA they sent me, they put the account on hold. Then they sent a second copy of the CCA telling me that as far as they were concerned, it is enforceable and they would begin collection activities again. I guess that this must just be the standard letter that they send out every time they recommence collection activity and you refuse to answer the phone! Hangus.

Thanks vjohn82, I had to read s59 a couple of times to get my head round it. So would i be right in thinking that LloydsTSB relying on T&Cs which clearly do not correspond to the application/agreement that I signed, would be classed as void under s59(1)? Cheers.

Thanks guys, In the letter that I write to them, do you think it would be a good idea to point out that the T&Cs dont match to the section numbers on the agreement/application form? (Or should I stick to the generic letter?) If I do point the mistakes out, would they be within their rights to amend the section numbers and send me another version? Or is it the case that because they claim that what they have already sent is valid, they cannot then change it once I point out the mistakes?

Hi, Thanks for the comments so far! I have now scanned and uploaded the terms and conditions that came with it (see attached). Looking in detail, the t&c's appear freshly typed up, and i dont think they match the supposed agreement. For example: On the original agreement it says section 4 is "lost cards", but on the typed t&c's, section 4 refers to something else. Its the same with credit limit (sect.5), charges (sect.9), payments (sect.7), variations (sect.11) and rates of interest (sect.6) that the agreement refers to. Although these are mentioned in the typed up t&c's, none of the section numbers in the typed up t&c's match with the supposed original agreement. Any thoughts? Many thanks. LTSB_terms.PDF

Hello, I have an old LloydsTSB credit card. Due to a change in circumstances, I could no longer afford the monthly minimum payments. LloydsTSB agreed to put me on a reduced payment plan. However, due to further problems, I am really struggling to even afford the reduced payment plan. I asked them if a further reduction was possible. This was refused. I then sent off a CCA request to see where I stand. I have attached the agreement which I have received back from them today. They also sent me a typed up set of original and current terms and conditions. This appears to have the prescribed terms, although it seems to be a cut and paste job with the second page only containing section 1 and section 4. Also, I cannot be certain that the second page they have included, really was from the back page of the original agreement. Does anyone have any thoughts on the enforceability of this please? Many Thanks. ltsb_cca.pdf

Hi harrassed senior, Was yours from CapQuest, and did it look like this one too? Thanks, Hangus.

Hello everyone, After a long battle to get Capital One and various DCAs to comply with my CCA request, CapQuest (who are the DCA currently harrassing me) have finally sent a document to me. They claim that they have now satisfied my request, but to me this seems to be just the application form with no prescribed terms whatsoever. Any comments or thoughts are very welcome. Thanks, Hangus. cap1_cca.pdf

Hi Jameson78, That sounds like what Capital One are doing with my account at the moment too. FPC (Fredriksons) eventually gave up and sent the account back a few weeks ago. Soon after, CapQuest started chasing it. I sent CapQuest a letter similar to the one that you are planning to send - the "bemused" letter, which i altered to include a mention of FPC and my refusal to send Capital One my signature. The response that I got from CapQuest a week ago was that they have put the account on hold for 28 days while they investigate. Hangus.

Hi all, An update on my situation with my Marbles Card bought by CapQuest ... Following on from the letter that I received from CapQuest, asking me to ring them to discuss "security information" before complying with my CCA request, I sent off the account in dispute letter. I then received a reply from them saying that the account was on hold. Today I received another letter ... They want me to call them to confirm that I have lived previously at a certain address (the address they have stated in the letter is the one where I lived years ago when I started the original Marbles Card). I have sent CCA requests to other DCA's collecting on my other debts in the past, and none of them have gone on like this about my previous addresses. What are they up to? Is this a legitimate request by CapQuest, or just yet another ruse to try and get me to speak to them on the phone? Thanks, Hangus

Hello everyone, At midday today I received a text message from "CDUK" asking me to call them urgently on 0844 7016156. I have googled them, and it appears that it may be a dca called collect direct. I have a number of debts, so I have no idea which one they are chasing me for. Has anyone had any dealings with them before? Or maybe knows who they collect on behalf of? Many Thanks, Hangus.

Ok, cheers

Thanks for your replies, Pinky69 & unclebulgaria67, dx100uk, My financial circumstances have significantly took a turn for the worse. Asked all of my creditors to accept reduced payments but Barclaycard wouldn't agree. My current account is with Barclays, so didn't want to pursue it any further with them and have been struggling on to try and meet my standard monthly payment with them. Got to the point now where I simply cannot afford to do that anymore. Therefore I have set up a simple "parachute" account elsewhere, and thats why I am now sending them a CCA request. Was just trying to get some advice from anybody else with a Barclaycard account this old?

Hi again Melbel, I spoke too soon about not receiving any phone calls from Apex! Got a call on my mobile at 8:01 this morning from a number 01789 775841. I didn't recognise it so I didn't answer. Then I Googled the number and found out it was them. They have been trying to call me again this afternoon. This has now made my mind up about sending off an "in dispute" letter - I will get that sent off at the weekend. I agree with what WelshMam2009 is saying. I wont state what I think the flaws are, and hopefully this will delay things a bit longer.

Hi everyone, I am about to send off CCA requests to Barclaycard tomorrow for a Visa and a MasterCard which I have held since 1991. Has anyone got any experience of sending them a CCA request for credit cards that old? What sort of reply should I expect back from them? Thanks, Hangus.

Hi Melbel & everyone, I am in exactly the same position as you, having received the same two letters dated 26th Feb & 1st March. The CCA they sent me at the end of January also contained my current address (where I have only lived for the last 6 months) and not the address I lived at when the card was taken out in 2001. Apex have my mobile phone number, but surprisingly I haven't received any calls from them recently, only these letters. I am undecided whether to send off an "in dispute" letter now or just leave it a while and see what they do next. Hangus.

Hi dontknowwhattodo, I received exactly the same letter for an ex-Marbles debt of mine last week. They cannot produce the CCA paperwork, so I sent them an "account in dispute" letter, and thats what they sent me from the "managing director" in reply. I have just ignored it. Hangus.

And how long ago was it that you received the threat?

Was it just a threating letter or have you actually received the SD?

Hi everton2005, Did you get this letter after asking for a CCA? And how long was the gap between this letter and the one about the stat demand? Thanks, Hangus.

I must admit, I laughed out loud when I read this one! After a hard few days at work, its the best laugh I have had this week Its not that long ago though, before I joined this site, that I would have seen this as a good offer.

Here's the latest update on my correspondence with CapQuest. After having sent a CCA dispute letter to CapQuest a week ago, I today received the following reply in the post.......... -------------------------------------------------------------------- Dear Hangus, As you will know your account is now being processsed for legal action. I am corresponding with you as the Managing Director of the CapQuest group. Your account has been pre-selected for a one time only solution to settle your account. This is not a gimmick and nothing sinister, just a project that I am personally promoting to encourage you to clear this debt and save a considerable amount of money doing so. My plan is simple: 1. You agree to pay a minimum amount of £xx.00 every month by Direct Debit. 2. For each payment that is received in line with the arrangement made, we will credit your account with an amount equal to 30% of your payment. That is to say you pay £xx.00 and we will credit your account with another £xx.00. If you comply with this arrangement you will save at least £x,xxx.00 To start this project, I am also offering you a delayed first payment. Your first payment will not be required until 31-MAR-10. All you need to do is contact our customer service line on: 0871 xxx xxxx. Should you wish to accept this offer please contact the above telephone number and have all the necessary bank documentation to hand so that the team can set up a Direct Debit. I hope you seriously consider this and make the right choice Yours sincerely Mike Daniels Managing Director --------------------------------------------------------------------------------- Can anyone suggest a suitable reply?