Cap Quest Help!!

[meols cop]

I had a credit card debt with H.B.O.S. This was at first with Morrcrofts and then passed onto Wescot. I put in a request for a C.C.A. to Wescot who then wrote to me to say they were closing my account and passing it back to the origional creditor.

Heard nothing for a month until a phone call today from Cap Quest demanding payments on the account.

What should I do as I think the account is still in dispute?

[babybear39]

Keep a record of any calls, state you will only deal with the matter in writing. When they write, post back and someone will give you a suitable letter for them.

[PGH7447]

send them this

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

 

Amended to suit, dont sign just print by recoreded of course

[meols cop]

A brief history.

Cap Quest bought this off Halifax and the balance is £2100 and its for a credit card which thanks to this site I have reclaimed all the charges back.

I wrote to Cap Quest saying I could afford £40 a month could they send me Bank details in order to set up a Standing Order. They didnt. So after a wait I e mailed their Legal Dept. I then received them. I set up this standing order to go out of my bank the first payment in Jan. I have made one previous payment by cheque.

 

In the meantime I get a threatning letter from them saying litigation etc. I replied by saying it was me who had to remind you to send me Bank details etc. I ended the letter by asking whether the Application Form they sent me met all the terms and conditions of my CCA request.

 

I got a letter this week from them which was a Standing Order mandate saying I should fill it in and return with Jan payment no later than the 12th.

 

I get a further letter today threatning that a Stat Demand would be issued on the 18th Jan. if I didnt pay off a sum of £1330, big difference.

 

What should I do? Any help

[42man]

Threads merged - So did they send an agreement ? or an application form ? prescribed terms ?

[mr.ton]

A brief history.

Cap Quest bought this off Halifax and the balance is £2100 and its for a credit card which thanks to this site I have reclaimed all the charges back.

I wrote to Cap Quest saying I could afford £40 a month could they send me Bank details in order to set up a Standing Order. They didnt. So after a wait I e mailed their Legal Dept. I then received them. I set up this standing order to go out of my bank the first payment in Jan. I have made one previous payment by cheque.

 

In the meantime I get a threatning letter from them saying litigation etc. I replied by saying it was me who had to remind you to send me Bank details etc. I ended the letter by asking whether the Application Form they sent me met all the terms and conditions of my CCA request.

 

I got a letter this week from them which was a Standing Order mandate saying I should fill it in and return with Jan payment no later than the 12th.

 

I get a further letter today threatning that a Stat Demand would be issued on the 18th Jan. if I didnt pay off a sum of £1330, big difference.

 

What should I do? Any help

 

You dont need to do anything other than tell them to get lost - they have no legal powers over you whatsoever & cannot do anything without going through the county court - which they wont, coz it will cost them money to do so.

[42man]

You could send them this so if it DOES go to court you can clearly demonstrate to a judge in a set aside hearing that it is disputed (send recorded)

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[meols cop]

It had application form at the top. But damm and blast I cant find it. It just seems so coincidental that once I began to query its legitamacy they start these proceedings along with a huge discount.

 

Should I ask for a further copy?

[mr.ton]

It had application form at the top. But damm and blast I cant find it. It just seems so coincidental that once I began to query its legitamacy they start these proceedings along with a huge discount.

Should I ask for a further copy?

 

DCA's dont like it when you rock the boat so to speak...you are not meant to do that in their eyes & should just pay up when they demand..no if's or but's

Any letters you get might well be used for chip paper as thats how much authority they have.

[42man]

A SAR to the original creditor might also be a good move....

[meols cop]

Cheers 42 theres a template for this no doubt? Should I SAR Cap Quest as well

[42man]

No send it to the original creditor (unfortunately it does cost £10) but at least you'll know where you stand

 

Use this one

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Please confirm in writing if you do not have the above or are unable to supply copies.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[42man]

Send it recorded...they have 40 days to comply.

[42man]

Send it recorded...they have 40 days to comply.

[meols cop]

I now found the reply sent to me by CapQuest in respnse to my CCA reuest.

 

At the top it says Credit Card Application. Underneath this helpfully highlighted by CapQuest it says Credit Agreement regulated by Consumer Credit Act 1974.

 

In the box with my signature it says This is a Credit Agreement...... And thats it.

 

Sorry I cant scan it. Does anybody think that it meets all the criteria?

Edited January 14, 2009 by meols cop

[meols cop]

Any advice please.

[42man]

A good thread here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html

 

Also this might assist you Meols

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment
  

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.

[meols cop]

Thanks for that 42. I have looked at the link and the document that was sent and cannot see any of the prescribed conditions upon it.

 

Is it not coincidental that by me raising its legitamacy they have tried to frighten me with their Stat Demand?

 

What does anybody think should be my next move?

[bazaar]

Hi Meols

'Is it not coincidental that by me raising its legitamacy they have tried to frighten me with their Stat Demand?'

Of course it is, you've questioned them, now they put the frighteners on, if you still dont pay up, You'll notice your car has been vandalised. You'll soon be walking down the road and have a feeling that someone is watching you.

Then you'll sit behind your curtains feeling paranoid.

Well maybe not:)

Its just a retaliatory move by them in the vain hope you'll pay up.

Just think how much they make here.

They buy the debts at pennies.

90% of people pay up, thats big profit.

the last 10% they harrass for a while, maybe 1/2 of those pay up.

Until we see people fighting 90% of these cases, then they win big profits.

rant over, sorry

[babybear39]

When was the SD received by you?

[meols cop]

Not issued as yet. But was told it would be issued around about the 19th of Jan.

[meols cop]

With the invaluable help from this site. I sent CapQuest a copy of the prescribed terms that should appear on my CCA form but which dont seem to on the document they supplied me.

 

I have received a letter from them today saying that they are withdrawing any Stat Demand action and apologising for any inconvenience this may have caused.!!

 

I have asked them to liaise with their client to get the appropriate agreement but nothing forthcoming as yet.

 

Oh and they still want me to keep paying the money. Should I or not?

[Nottsdave]

hi

 

No valid CCA NO PAYMENT simple really.

 

 

Notts

[babybear39]

If the 12 + 2 working days have expired you are well within your rights to withold payment until such time as they supply a valid and enforceable CCA

 

Drop them a quick letter informing them of this stating your rights under OFT guidlines regarding an account in dispute.

[bazaar]

You MUST make sure you send off the Account in Dispute letter before you stop paying on this.

Best to cover your bottom:)