Hi Been camping for a couple of weeks so I haven't been able to post. When I got back a letter was waiting for me from CapQuest asking (not a demand!) for 'full details of your dispute together with supporting documentation'. I think my response to this will be 'please refer to my previous, numerous pieces of correspondence which outline my dispute in detail'. Hopefully they have lost everything. I wonder if I can keep this up for another 5 years!

Thanks for the responses gh2008 and bladeboy. The longer this goes on the more I think they would have done something more about this by now if they could. As for assets, none in my name. I do hate the thought of going to court though even if if it is likely that I would get a set aside. Just got another letter today from CQ in response to a letter sent by me in April in which I was asking for proper documentation re alleged debt. They say they have only received a partial letter which was unsigned ( I never sign them) and say they cannot help until I resubmit my request and sign the letter. I have 14 days to do this then it goes back to their collections dept. I try always to answer them if they write but not sure if at the end of the day I HAVE to sign?

If Capquest issue a statutory demand, where would that leave me regarding Egg sending out default notices etc given that Egg won't acknowledge having information on me which they obviously have? I don't get why they won't send me the information.

That is exactly what I did. I gave them the old address with their own (eggs) account number on. I also included a statement from egg (supplied by capquest when I SARed them). But they still are denying all knowledge. The thing is as well, I have a letter from Egg to my new address telling me that they had passed on the debt to capquest! I always suspected that this letter came from CQ though, rather than EGG because this letter came in 2009 when the debt had been taken over by CQ in 2004. I don't know how to get my info from them. I want to see if they issued a proper default notice etc in case they do issue a SD.

I have not heard anything from CQ about the Statutory Demand, but I'm sure it won't have gone away. However, I resubmitted the SAR to the original creditor - EGG, and they have sent back my £10 cheque yet again saying that they cannot match up the address provided with that on their systems. They say they need documentary evidence of my address, but the address I'm at now is nothing to do with them at all, it is 8 years since I lived at the addess that is on the EGG statements which CQ sent me. With my resubmission I also included a copy of one of EGG's statements with the address on it. CQ don't seem to have any doubt of the address and the account! Does anyone have any ideas what I should do next? It seems that EGG are saying that they don't hold any information about me or the account.

Hi I sent the SAR out to egg on 23 April and have just had a letter back from them saying that they have no 'valid account using the details' I provided. They have sent me back my £10 cheque suggesting I resubmit with details that match. The account number I supplied was the same as their original documents - the only thing that was different as far as I can see is the address which has changed. However, I have a letter - (a copy of the assignment which said that it was 'prepared by egg in 2009'! A bit late as CQ took it over in 2005.) - which was sent to the new address and had the account details on it. I think that they are being deliberately obstructive - they obviously have tied my new address up with the account - unless the letter sent out in 2009 wasn't from Egg but from CQ, which is what I suspected. Should I resubmit stating my old address. I also thought about reporting this to the oft etc. Haven't heard from CQ regarding the SD yet.

Thanks Pinky Yes, I wish I had done that right at the beginning. But I sent the request off to OC yesterday and have written to CQ reminding them that the account is in serious dispute, so I guess I have to wait now. Subam

Just preping the SAR to Egg and reading through the assignment letter it says: ...'under section 18.2 of your Egg Card conditions we have transferred our rights and your Egg Card account to CapQuest Investments'.. My agreement has no 18.2 or any other numbered conditions - right at the bottom of the agreement it says 'by signing this agreement you confirm you have read and accept the Egg Card Conditions a copy of which is enclosed' Can't remember having a copy and the SAR to CQ hasn't turned up any.

Done it!

have already sared CQ. will do Egg.

Should I SAR egg to determine whether or not the sent a DN? They could have done as I was out of the country at the time and maybe wouldn't have known. CQ have supplied statements from egg and the CA but not a DN. They also sent me a copy of the assignment which said that it was 'prepared by egg in 2009'! A bit late as CQ took it over in 2005. Thanks for your help.

Thanks so much. Nearly having a nervous breakdown! Ridiculous I know, other people are in much worse situations. I just want it to go away now.

I am not sure that I am up to going to court for a set aside. I am finding the whole thing really confusing and don't think that I would be able to put forward a case. I don't understand all the ins and outs. I get that my cca is an old one 2000 and may be unenforceable, but then again a judge could rule the other way. I certainly don't have the knowledge to argue it out. I don't have a default notice (from the oc or dca) and I understand this not following guidelines - but not sure exactly how this impacts. Also, not sure what happens if the set-aside is granted? it all sound quite horrific whatever way it goes.

Should I write to them, or just wait to see if they issue the SD and take it from there?

I don't even own a car. I'm getting a bit fidgeting now that it is getting nearer to the 27th. I was wondering about offering them 500 as full and final settlement (I read that if the DCA are on shaky ground (still not sure if they are) they may well accept around 25% of the debt just to get something)

They are threatening a SD to be issued on 27th and then bancruptcy (I have no property). They are asking for the full amount of 2300 but as a final conciliatory gesture will accept 1393. They applied interest to this account at the beginning in the period of taking the debt from egg and contacting me (£160) - I didn't think they could do that. Also, some of the letters sent to me when I SARed them are not the same as the ones I have - they have different signatures and some have slightly different wording. Talk about confused! I kinda thought it would be a simple matter of the prescribed terms not being in the agreement and that would be that as far as the law was concerned. I knew they'd fight and there would be lots of letter writing but I was prepared for that, but not really court. Some people think CQ are blustering, and others not. At the end of the day as I said I have no property so they won't get anything there, but I am working.

Does a termination have to be set out in a certain way the same as a DN? I have what I think is a termination letter which was sent out in 2009 when the actual debt was sold on in 2005. No DN, DCA threatening Statutory Demand. Need a drink... going to get one now before I go blind reading this fab website.

If I correctly understand the position then this is the case... 1 Egg should not have sold on my debt as the Credit Agreement did not give permission for my personal data to be shared? 2 I have received no default notice from Egg (although I SARed CQ not Egg) or termination of account which means repudiation of contract and unlawful rescission? Does this make it all unenforceable in a court of law?

My first correspondance re this account was from Capquest in 2005 saying that my account along with others had been sold to them by egg. I was paying them until they said I had defaulted (to CQ not egg). I hadn't actually defaulted, I was still paying and proved it, but it was that that set all of this off and I stopped paying then. They sent me a copy of a letter supposedly from egg saying that they had transferred my rights and my Egg card to CQ and that my existing relationship with Egg and the account had now ceased. This letter was dated 2009 (is this the termination of account? 3 years after CQ had claimed it?). I was sent the copy CCA and have all the egg statements etc. but I can see no notice of default from Egg.

Thanks everyone for the replies. I don't much mind the hassle of keep sending letters out to them, I have been writing to them for over a year now with this dispute.I have done the CCA and then a SAR. I have no default notice, never received a statement for the 3 years I was paying, and I have written a letter to them - which I am attaching - this letter was sent on 6 November 09 - would that be a clear dispute? If my case is not strong then the debt is for 2300, they offer to reduce to 1393, 25% is around 600. I can manage to raise the 600 as this is my only remaining debt. Could you help with a letter to them? I have to reply to them before Tuesday. I can't tell you how grateful I am for your responses. I know my problem is very small compared to some that people are facing, but 600 will not be easy to find. egg 6 november post copy.doc

I was thinking maybe if they do issue the SD then I may get it set aside because of the missing prescribed terms? Also, looking at the copy statements from egg, they only start from 2002 but the card was taken out in 2000. I have until the 27 april to do something. I would make the offer I think, but would they not take this as a sign of weakness and go for a lot more. Plus, would they really accept this and that would be the final offer or in a year or so might they start pursuing me again.

yes I agree I must do something, but I'm not sure what the best way forward is. I'm a bit peed with them as they tried to say I had defaulted (I was paying them back) for 18 months, stuck a 1000 pounds worth of interest on, took it of when I proved I had paid but never acknowledged what had happened at all. Also, I have no default notice. I SARed Capquest but there is no record. So you think then that they will go to court for the bancruptcy? I don't own anything, property or a car. What is IMHO?

I haven't replied to the SD threat yet. Is it worth writing to them and repeating that the Egg Credit Agreement doesn't meet prescribed terms and if they issue then I will apply for a set aside. I really want to ignore them, but at the same time the doing and hearing nothing makes me nervous - especially as I am just watching a programme on debt and bailiffs!

would an SD be public knowledge? I think they trade on the embarrassment and shame - thank goodness for the Caggers.

Hi series3, I'm not too good with the technical stuff! I have seen some of the 'what's wrong with them' posts and took some notes a while back but can't remember where I got them from: 'Approved limit - not sufficient to advise what credit limit is or how it will be decided therefore a prescribed term is not correctly stated (supporting case Central Trust plc V Sparway 2005 does not state rate of interest on cash withdrawals. Only states an APR which is not sufficient for cash purchases as cash purchases include a 1.25% handling fee which included in the APR. Also para 22 of schedule 1 Consumer Credit Act regs require that the agreement details the default charges payable and Egg agreements do not.' All sounds great, but no idea where I got the notes from and no idea if they are correct and would make the agreement void - what an airhead!