CapQuest/HBoS Statutary Demand

[Vampyra]

Here we go - a supposed CCA from CapQuest, hence yesterday's solicitors letter.

 

Well I can see no real prescribed terms - the APR is not clarified is it? The right to cancel says I have a short time and how and when will be sent on to me, no credit limit, no monthly repayments and total amount with credit, the terms and conditions are on the back, which I believe have to be on the same page(?), but could be acceptable?

 

Again, the bit under "The Agreement" states, "I understand that Halifax Plc may use credit scoring techniques to assess my application."

 

Anyhow, they have committed a criminal offence by non-compliance to the 42 day deadline and the debt is unenforcable at this time. I gather this is like my Smile CA - unenforcable due to being incorrectly executed.

 

Your thoughts please.

 

 

[Vampyra]

As no one seems to want to even read this, maybe I should put in what I have now gleaned from this. The APR is not totally clear, although it appears as the title of the card, it doesn't say "Halifax Classic 10.8% APR Flat Rate Card".

 

It is not signed by anyone at Hbos.

 

There is no total amount of credit repayable on a maxxed out card as there is no credit limit stated.

 

There is no repayment structure and total amount repayable if only minimum payments made.

 

I think this then makes it an unenforcable agreement over and above the fact CapQuest have committed a criminal offence and cannot enforce this debt without a court order. But why would they want to go to court when they have defaulted and committed a criminal offence?

[Guest Mincemeat]

It has the credit limit statement and it also has interest rates listed. This predates the 2003 OFT guidelines so these can be in the T&C's listed. The only thing this doesn't have is a signature from HBoS.

 

This would fly as an agreement (IMHO) but then if they issued you a replacement card they have broken s85 CCA 1974 (copy of an EXECUTED agreement).

[Vampyra]

What credit limit is on there then?

 

It has to provide the credit limit at time of signing. Else what was I allegedly signing this for?

[Vampyra]

I think Rory has some good advice here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/91594-lowell-back-phone-help.html#post837866

[Guest Mincemeat]

Look under '7. Important Financial & Related Details'

 

'We will set a credit limit for your account and tell you what it is.

[Guest Mincemeat]

I've just read the other thread you've mentioned. Sending a s77/8 CCA 1974 request for an overdraft is a waste of time as they are exempt.

[Vampyra]

Look under '7. Important Financial & Related Details'

 

'We will set a credit limit for your account and tell you what it is.

 

OK so I signed for a credit limit I hadn't yet been told about?

 

been here before.

 

 

I've read a few of your posts and I am not sure of your motives here. All seem to be telling people you are right and they are wrong.

 

What overdraft is this then?

[Guest Mincemeat]

You need to check the regs regards required items. A statement stating something along the lines of 'we will tell you your OD limit' is acceptable.

 

The overdraft is from :

 

'Thanks Rory I thought it was the case but one needs to be sure. So 2 unenforcables - I got a Barclaycard Student Application form from Cabot - and 5 no shows. Not a word from Fredrickson International/Bryan Carter re: CCA on NatWest overdraft, nothing from 1st credit, 2 holding letters from CapQuest and 1 from Lowells and this time next week the S.A.R - (Subject Access Request) on HBOS will have reached 40 days.'

 

... written by you on the 19th May 2007.

 

Read the 1974 act and the 1983 regs, overdrafts are exempt from s77/8 so sending a CCA request to a DCA chasing an overdraft is a waste of time.

 

I'm attempting to stop people messing up their cases by acting inappropriately and showing an ignorance of the law, hopefully stopping them filling in N1's incorrectly and stopping their court actions from being laughed at by the judge and the other side. I'm actually helping you, can you not see that?

[tomterm8]

I am no longer welcome on CAG

[Vampyra]

Thanks Tomterm. Can I ask where they signed the agreement? As if you refer to the very faint stamp mark below "You have lived at the above address for.." it reads:

 

"RECIEVED

-3 SEP 20 (rest illegable)

(printed squiggle not a real sig.)"

 

However, I may be wrong in thinking it has to be a real signature.

 

Rory has sent me some info on the overdraft CCA which mine falls under.

 

I was pretty sure this was similar to the Smile one in so much as the correct terms were not there. Thanks.

[tomterm8]

I am no longer welcome on CAG

[Vampyra]

I thought that might be the case, hence my mode of questioning on the signature front.

 

I fully agree that nowhere does it say anything to the effect of "please read and check details and read all T&C's overleaf before signing. Upon signing you are agreeing to the T&C's overleaf", or something similar.

 

OK Tomterm, thank you for your help. It is as I suspected but slightly changed re the signature front, which I now understand.

[Guest Mincemeat]

On a basic contract law level, I do not believe that the terms and conditions sent with the CCA are relevant, since there is no evidence that they you had sight of them before or at the point that the contract was made, and since your "Agreement" does not contain a reference to them, or an offer for you to have sight of said terms and conditions in the agreement. Neither are the terms and conditions signed by you, which would make them effective.

 

I disagree

 

I fully agree that nowhere does it say anything to the effect of "please read and check details and read all T&C's overleaf before signing. Upon signing you are agreeing to the T&C's overleaf", or something similar.

 

Apart from where it states 'I have received a copy of and agree to be bound by the Conditions of Use'.

 

Oh, and failure to produce documentation under s77/8/9 request for an overdraft, or any other part of the act, does not place the lender in breach of the act.

[Guest Mincemeat]

The agreement mentioned in this thread is a credit token agreement, and is therefore not excempt from the prescribed format of the act.

 

Correct, but is does predate the 2003 guidelines on form of agreements and therefore the requirements of the signature document are lessened (e.g. interest rate, credit limit etc)

 

I'm not trying to be difficult and I'm not trying to put you off anything, I'm just attempting to add a glint of reality that certain people seem to either miss by their blinkered view to the law and to counter the rediculous gung-ho attitude of a number of contributors (and controllers) of this site seem to allow and condone

[Vampyra]

OK I CCA'd CapQuest over 2 alleged credit card debts back in April. On May 2nd they defaulted and on June 1st they committed an offence.

 

However, CapQuest came back with what appears to be a CA but on closer inspection is a non-enforcable piece of paper as it doesn't have the legally prescribed terms on it.

 

So I sent them a letter asking them to set the account to zero, compensation for continuing to process my data, cease and desist from further harassment, etc. Also informed them they cannot enforce the debt and cannot get it infoced in the court.

 

I hear nothing for a few weeks then they send me a letter demanding immediate payment and thanking my for my correspondance. Attached is a copy of the non-enforcable bit of paper which is headed "This is a Credit Agreement".

 

I won't go into too much here but they also said they investigated me and I asked for proof of the finding they said they found which is utter bull anyway, and they have done nothing to answer this.

 

Should I report them to TS and ICO and also just do the broken record and re-send the letter I sent?

[42man]

Sorry, I can't add more here Vamp....i'm sure someone will assist....I think there are several letters on other threads which address the non conformance, whatever happens DEFINATELY report them to TS and ICO....

[Peterbard]

It has the credit limit statement and it also has interest rates listed. This predates the 2003 OFT guidelines so these can be in the T&C's listed. The only thing this doesn't have is a signature from HBoS.

 

This would fly as an agreement (IMHO) but then if they issued you a replacement card they have broken s85 CCA 1974 (copy of an EXECUTED agreement).

HI

RE; The ammended agreement regulations that came into effect on september 2005.

The rules about what should be contained was not(broadly speaking) altered in the respect of what terms should be in the agreement,although ther ae significant changes in the form, it should contain the vast proprtion of schedule one which contains all the prescribed terms in accordance with the type of agreement it is.

The information contained within the agreement must be just that, a link to a seperate terms and conditions has never been acceptable.

 

As to weather this would be acceptableas a correctly executed agreement. Again if any of the terms are to be lawful they are to contained within the agreement. Reference to the T and cs or another document wil not and never has been adequate.

 

If tis is second sheet is part of the agreement then it seems to have all the prescribed terms so unenforceability s unlikely.

However it does not pretend to conform to the form of agreement as prescribed in1983/1553 and does not contain several of the other items from schedule one and schedule five which would make it enforceable only with a court order.

 

REgards

Peter

Peter

[Vampyra]

Thanks Peter.

 

The original CA copy sent to me as per the photos - this has the T's & C's printed overleaf. However, when they re-sent this, there were no T's & C's overleaf.

 

The Agreement box states "I have recieved a copy of and agree to be bound by the Conditions of Use". It makes no reference to "overleaf" which another agreement I have says and actually hasn't got them overleaf.

 

Plus this turned up after an offence was commited on the out of time production of the CA.

[Vampyra]

OK I've got this HBoS/CapQuest debt that 'appears' to be good. I know I have to SAR HBoS to remove the charges, but as I've been away from the forum for a bit, can anyone tell me the coup with claiming charges on credit cards? Is it still good to go or on hold?

 

I'll be fair, CapQuest will STILL accept my £1.00 per month and have offered to drop the debt by £600 - not that I could afford to pay it off and I'm sure that's only the charges removed anyway.

 

But, I fell floored by it and they are threatening court action by 16th Sept if I don't comply.

 

If I SAR does that stop them seeking court action immediately or not?

[Vampyra]

P.S. they still send this to a mispelt surname - is it really my debt?

[Curlyben]

Claiming card charges is relatively straight forward.

Now as Capquest where happy with your payment I'd send them a letter back saying you are disputing the balance with the original creditor due to unlawful charges. Should keep them quiet for a bit, oh yes and while this is going on as a GoGW I'm will to make a token payment of £1 a month.

[Vampyra]

I get ya!

[Vampyra]

Just received a Statutary Demand from CapQuest which has £703 of interest included! Nice!

 

It's also written to a name which isn't mine. For example if my name was Collection they have written to Colction and the SD is in that name, i.e. they have missed 2 letters out of my name on both the letter and the SD.

 

The debt was CCA'd some time ago and a CA was given but several people on this forum have agreed the CA isn't enforcable due to the wording and the fact I signed the front form and there was not CA T&C's on the front of the form.

 

I wrote back to them disputing the debt and requesting compensation under the Data Protection Act and for them to stop misusing my data, to which they ignored this. I have had one or two letters back from them but effectively the debt is still in dispute with me.

 

The SD was dated for yesterday and the covering letter dated for today and it only arrived in the post today - ESP or what?!?!?

 

Not quite sure where to go being as it has been CCA'd, I suppose I could S.A.R - (Subject Access Request) it immediately???

 

All advice greatfully received - thanking you.

[ODC]

Go to your local Court and swear an affadavit to have this SD set aside. It costs nowt and if successful you can go for costs against Craquest.