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markstone

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About markstone

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  1. Ok Guys, just an update on this continuing saga. I had a letter this morning from Capquest, saying that they have not been able to obtain my requested document from the original creditor Barclays Partner Finance ( My CCA request ) and therefore they recognize that this debt is not enforceable. Should they ever get the document in the future, the debt becomes enforceable again. But if BPF have not sent it by now, I am guessing, its not likely they ever will ( they have had 3 or 4 months to find it ) So all in all, good news..........for now!
  2. CCA Request has been sent. I did think it was strange that they keep on making offers on the account, I am hoping it is not out of the goodness of their heart, but rather, they do not have the right documentation, so they can"t enforce it! I am just in the middle of trying to get the scanned pic of the letter they sent me
  3. Thank you guys for all your kind help. Am away from home today, but as soon as I am back tomorow, I shall get the CCA sent, and try and post a copy of some of the corespondenc letters, thanks again ( it's good to know I am not fighting this alone! )
  4. Thanks for the advice, CCA is going to be sent, do they have to send me the original copy of the credit agreement, even if they need to get it from the original creditor? And they only have 14 days?
  5. I am faced with a problem with a DCA - Capquest. The amount owed is £6100.00 ( They bought the debt of £5650.00 from the original creditor, Barclays Partner Finance 30/08/2011 ) . They say that my account is being processed for legal action. I had previously entered into a payment plan of £20 per month, but stopped, after wondering if they actually had the correct documentation on my file, and therefore, the right to enforce it. I issued them with a SAR request, ( they confirmed my request, but said they may not have all of the information requested, and that I would have to go back to the original creditor for the information ) When the SAR arrived, all there was: A letter from the original creditor ( Barclays Partner Finance ), saying that the debt had been bought by them ( 30/08/2011 ) + transcripts of conversations we have had discussing payment plans & my offer of FF payment of £2500 ( which was rejected as being to low, they said they the lowest they would accept was £4500 ). There was no copy of the original signed credit agreement, nor a copy of the original default notice. I sent a SAR to the original creditor Barclays Partner Finance, who were able to provide the original Credit Agreement ( 19/05/07 ) + Default notice ( 27/09/2008 ) So I just wanted your advice on where to take this next. Is the ownness on the DCA to provide the original Credit Agreement + Original Default Notice ( which I would imagine they would need to take legal action ) ? How likely is it that they will follow through with the threat of a CCJ in light of them being in England, and me living in Scotland ( they would therefore need to bring the action to my local Sheriffs Office ) and the fact they have not included the original Credit Agreement + Original Default Notice in the SAR & have already offered a generous FF settlement ? I realize the Default on my credit file will drop off in September this year, rendering my credit files completely clean, I don"t want to risk spoiling this, by acquiring a CCJ, just need your advice on what to do next & in your opinion, are they bluffing and trying their hand by scare tactics?
  6. Hi, the link was on this page : http://www.consumeractiongroup.co.uk/forum/showthread.php?87061-non-compliance-template
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