Capquest and Egg,weird Capquest letter

[ship1]

Hi,

Capquest purchased a debt I had with egg,it was a loan from 2001.I asked Capquest for the CCA and they sent it to me although it was late.I was then advised on this forum to send a SAR to egg and to write to Capquest to say that I was in dispute with Egg and therefore to put a hold on the account until it was sorted with Egg. I sent the letter to Capquest by recorded delivery last week and today got this letter in the post from them(please see attached)

 

They have made no acknowledgment of the letter I sent saying I was in dispute with Egg.

 

Some advice would be great,is it normal for them to send these letters?

 

Thanks in advance.

Doc1.doc

[oneofakind]

well, call me cynical, but I think you've been 'specially selected' for this generous offer because they have no enforceable agreement, and they know you're on to them!

 

File under 'ignore' for the moment. the main issue is your CCA. do you know if it is valid?

Can you post it up here for checking?

 

[sosumi]

I've seen this kind of letter before - not sure if here or maybe Debt Questions.

I have seen it before. Sure of it. If you agree then they have a brand new credit agreement from you. And 0870 is a premium rate number, not 'national call rate'?

Someone here will know better than me!

[ship1]

Hi,

 

oneofakind, yes I do have a cca they sent and I think it looks okish! I have uploaded it so anyone who knows can perhaps tell me.:-?

Doc2.doc

[Edz11]

The agreement as is, is "improperly executed". It contains no indication of charges payable on default (which is a term that must be in the agreement, although not a prescribed term - not in the terms and conditions).

 

As oneofakind says - S78 also mentions a that you should get a copy of any other document referred to in the agreement. Well, they haven't provided a copy but have mentioned the "terms" in the agreement.

[oneofakind]

Well, all the prescribed terms seem to be there, but did they send you the T&C, which forms part of the document? It's incomplete if they didn't.

 

sosumi, I've seen that letter before, too. Think it was on here somewhere a month or two ago.

 

By the way, what's happening with your claim now? I assume you've sar'd Egg to claim for charges, is that right? how much do you expect you'll be able to claim back?

[ship1]

I have not sent the S.A.R to egg yet,I was going to before the end of this week. I don't know what I would get back.I don't really know what I am doing!:-? Someone on here said I should do it as Capquest want just short of 3.5k from me. The original loan was for 5k and I paid it for 3 years.I only stopped paying it when I got sick and could not work.It seems very high the ammount they want,so I was told it would be a good idea to send a S.A.R. to egg.

 

No Capquest did not send the terms and conditions with the CCA.What should I do about that? I did not realize that it was incomplete without the T&C's.

I am very confused!

[ODC]

I agree these specially selected once in a lifetime offer are usually a DCAs last ditch attempt at getting something for an unenforceable debt.

[caledfwlch]

I posted about a very similar letter I recieved a few months ago. I have not CCA'd them though, it simply arrived presumably because I had ignored the preceeding 20-25 letters that they and their friends HL Legal sent me

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/73929-strange-new-capquest-letter.html

[ship1]

Thanks to everyone so far!

 

Could someone tell me what I should do though about the fact that they have not sent the T&C's with the CCA

 

Also should they have sent me all the blurb about the PPI that I had and turned out to be bloody useless?

[ship1]

Is there anyone that can please help with the issue in my last post?

[ship1]

Sorry to be a pain,but what should I have recieved from capquest when I asked for the CCA? Should there have been anything other than the 2 bits of paper,which I have uploaded on this thread,ie:t&c's or a breakdown of the debt/charges?

[oneofakind]

You should have had your agreement, plus t&c and copies of any document referred to in the agreement, and a statement of account with payment schedule.

 

Rarely does anyone get a full set!

[ship1]

OK, so is there anything I can do about it? Have they failed in terms of the law in providing me with what I asked for?

[ship1]

As I have not sent the S.A.R yet to egg,should I not send it and get back to Capquest saying that they have not fullfilled my request for the CCA?

[oneofakind]

Get the S.A.R - (Subject Access Request) off asap and get the account in dispute for unlawful charges.

 

Capquest will be breaching OFT collection guidelines if they chase you for a disputed account.

 

They have 40 days to respond, so the sooner the better.

 

[fuzzybobble]

I recently send Northern Rock a CCA request and I assumed they had complied, as they sent copy of the agreement etc and a seperate photocopied and folded 2 sheets with the terms and conditions on.

 

A few weeks later they sent me a letter offering me a 30% discount on what they claimed I owed them.

 

Does this mean they know the agreement is in some way uninforceable? If so how do I find out what is wrong with it and why, then what do I write and say to them?

[ODC]

DCAs do not offer discounts out of the kindness of their hearts. These are the people who threatened you with courts, home visits and baliffs. I think we all know why they are backpedalling

[fuzzybobble]

I dug out my Northern Rock agreement that they sent me in reply to my CCA reuest. It looks like the terms and conditions are a seperate leaflet/ document and not part of the actual agreement.

Would this explain why they're offering me a 30% discount.

Also this was 6 weeks ago and I've not heard a peep out of them

since before christmas.

Looks like you could be right about them knowing the agreement is unenforcable Will scan everything when I get a chance and post them on here for an expert opinion.

[ODC]

I dug out my Northern Rock agreement that they sent me in reply to my CCA reuest. It looks like the terms and conditions are a seperate leaflet/ document and not part of the actual agreement.

Would this explain why they're offering me a 30% discount.

Also this was 6 weeks ago and I've not heard a peep out of them

since before christmas.

Looks like you could be right about them knowing the agreement is unenforcable Will scan everything when I get a chance and post them on here for an expert opinion.

See my previous response.

[42man]

Send them a cheque for £5,000 then they will match it with another £1,500 request payment then when they don't comply put a DCA on to them....alternatively 'you agree to pay an amount of your choosing by direct debit or another method that may suit you' ....why don't you offer them 1p per month....!!! it seems they don't have a properly executed agreement anyway.....

[fuzzybobble]

If they can't produce a proper agreement, then I won't be offering anything at all lol.

Managed to get all the debts my girlfriends ex left her with made unenforceable over the last few months, so now having a go at sorting out my financial mess too.

 

I have no morals when it comes to using the cca request to avoid paying them. After all, if it was the other way around, they would be more than happy to screw me for every penny they could.

[vinegarvera]

Subbing with interest.

[gastropunk]

Hi,

Capquest purchased a debt I had with egg,it was a loan from 2001.I asked Capquest for the CCA and they sent it to me although it was late.I was then advised on this forum to send a S.A.R - (Subject Access Request) to egg and to write to Capquest to say that I was in dispute with Egg and therefore to put a hold on the account until it was sorted with Egg. I sent the letter to Capquest by recorded delivery last week and today got this letter in the post from them(please see attached)

 

They have made no acknowledgment of the letter I sent saying I was in dispute with Egg.

 

Some advice would be great,is it normal for them to send these letters?

 

Thanks in advance.

 

Hi

 

Firstly Crapquest are not nice people, in fact, anyone who profits from someone else's misery ar ejust snakes. Just my opinion.

 

However, You do not have to correspond with them. You just tell them that you have been advised that third parties have no legal standing and you will not deal with them, only the bank concerned. Do not keep answering letters of no consequence.

Secondly, under the Consumer Credit Act 1974, they are not allowed to pursue or enforce an alleged debt while it is in dispute. Egg and themselves are vicariously liable for their actions in this case. If you have written, recorded and they have signed, they have received your dispute letter and you are in dispute. Stand firm on this, they will only use scare tactics.

should they ignore you, and they do, sure you will find a template here to tell them to bog off.

 

Here is one i've used and it usually stops them in their tracks:

 

DCA Address

 

 

Dear Sir

Thank you for your recent correspondence.

 

I have been advised that third parties have no legal standing in this matter and therefore I will not deal with third parties, I will only deal with the bank concerned.

 

Furthermore, I do not give you permission to interfere with my commercial affairs and so must decline any further communication.

 

WITHOUT PREJUDICE,

 

 

Your name (small case and don't sign)

 

 

 

If not then use this and this tends to do the trick :

 

Firstly, I have written to xxxxxxxx with regard to the above account and am awaiting reply.

 

Secondly, may I remind you that I informed you in my last letters dated xxxxxx, I have been advised that third parties have no legal standing in this matter and therefore I will not deal with third parties, I will only deal with the bank concerned.

 

I DID NOT and DO NOT give you permission to deal with my commercial affairs and so will decline any further communication.

 

I should also warn you that any further contact including, but not limited to, letters, phone calls, or personal visits from you or any third parties will be treated as harassment and extortion and will be dealt with accordingly.

 

 

 

DO NOT CONTACT ME AGAIN

 

Yours faithfully

 

WITHOUT PREJUDICE

 

Your name

 

 

Hope this helps

[gastropunk]

also should I add, never make any repayment plan with a DCA. Your dispute is with Egg and they must supply the 3 documents that make the contract enforceable. Egg cannot pass on your details to a third party without your consent. It may say they can on your agreement with them but as this agreement is not a valid contract it is null and void!

 

namely

 

Validation of the Debt (i.e the actual accounting)

Verification of their claim against you (sworn affidavit or even a signed invoice)

a copy of the contract binding both parties

 

Egg must supply these or the debt cannot be proved. Remember, you, as a natural person are different to the 'NAME' that appears in block capitals on your credit card (what you 'lawfully owe' Vs what you 'LEGALLY OWE' - fiction vs persons)

 

can be confusing but if you need any further clarification, let me know.

 

Best to do some research - Credit Consumer Act 1974, Credit Consumer (agreements) Regulations 1983 are 2 of the most important.

 

Terms you need to research - unjust enrichment

misrepresentation

lack of disclosure