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Capquest Cca...any Advise!!!


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Hi everyone,

 

Having difficulties scanning a CCA that I have received from CapQuest regarding a debt from Intelligent Finance taken over the internet back in 2001, I have reproduce word for word the document.

 

i would really appreciate your opinion and let me know if the CCA that they have send me is an enforceable CCA. I would like to add that they also sent me the application form of that debt.

 

Thank you very much:)

CCA 1.doc

CAC2.doc

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This looks like a document that has been typed up for the purpose of fulfilling your CCA request. The prescribed terms are there but not the Terms and Conditions and they should also have sent you statements showing what has been paid and what remains to be paid. You do not give the figures but check them to see if they are correct. There is a fundamental error right at the beginning in that the headline states " Credit Agreement regulated by the consumer act 1974" - the correct legislation is the Consumer Credit Act 1974 so the typist has typed this wrongly and no one has checked it. So they have sent you an alleged copy of an agreement regulated by legislation that doesn't exist. Is that the norm for Intelligence Finance credit agreements? Would they try to enforce this through the courts, where they would have to produce the original? I think not. Next - there is no address for the lender and "Halifax" is not a company - the company was Halifax PLC before it amalgamated with the Bank of Scotland. Next - a copy of any document mentioned in the copy of the agreement must be sent to you - you have not received a copy of the "intelligence Finance Conditions 2000" booklet mentioned in the third paragraph. Note that "intelligence finance" is in lower case twice in this paragraph - would a company ever spell it's name on a legal document in lower case? - I think not. In the rights section at the bottom the "consumer" in "consumer Credit act 1974" is also in lower case.

 

In my view this is not an authentic copy of a credit agreement, they have not fulfilled your request under the CCA 1974 in that the document sent is not authentic and all the parts required to fulfill the CCA request have not been sent. As it is a document supposedly regulated by legislation that doesn't exist, this in my view makes it totally unenforceable. Nice try, Capquest, but pathetic. I have had some dealings with them and devious is their second name.

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Thank you for your reply,

 

The document that you see, I have typed it myself as I was unable to scan it, I was trying to reproduce it word for word. The Halifax Plc address appears on the agreement. They did sent me a statement of account and a booklet 2001 and not 2000 which is basically their terms & conditions for their bank account, credit cards, loan etc...

The document is indeed titled : Credit Agreement Regulated by the Consumer Credit Act 1974

 

Do you think it is still enforceable?

 

Thank you

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They have sent you the wrong booklet and no statements so they haven't fulfilled your CCA request. They cannot send you just any old Terms and Conditions - they must be the ones that pertained at the time of the agreement. The copy of the agreement itself has the prescribed terms and your signature but you must also have the Terms and Conditions. I recently argued with a DCA that they had sent me the wrong Terms and Conditions and I haven't heard a thing from them since. I personally would argue in a court that the agreement didn't fulfill the requirements of the CCA 1974 because the Terms and Conditions presented were invalid for the alleged agreement produced.

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Thank you,

 

Can the CCA be unenforceable simply by sending me the wrong year of the Terms & conditions? they did send me a statement of account.

The 30 days is up on the 20th July, what kind of letter would I need to send to Capquest and justify that it is not a true CCA?

If I was in a position to offer a Full & Final Settlement, am I still allowed to go back to the original creditor (intelligent finance)and make an offer??

 

Lots of questions I know...

 

Thank you

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To be honest, a court would probably rule it enfoerceable because the prescribed terms and your signature are there. I might stick my neck out where others wouldn't and for me it has worked but doesn't mean to say it would work for everyone. If you went back to Halifax, they would probably tell you Capquest is dealing with it and to deal with them. You could offer them a Full and Final.

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  • 1 month later...

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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