CCA'd CAPQUEST Re: Egg credit card

[twinkle1977]

Hi all

 

1) CCA'd Capquest re an Egg Credit card.

2) Received a letter back from them saying that the account was on hold until further notice.

3) On Saturday 9th Aug (After 12 days, but within the month of sending the CCA cheque off) I receive a signed copy of the EGG statement (which I will upload).

 

The thing is, in the letter received on Saturday, they stated that they have put the account on hold until the 17th August, BUT they have taken a payment and increased my monthly payment by £11.00. (today is the 11th).

 

I'm not sure that they should have taken the money after saying my account will be on hold until the 17th and I thought the CCA documents included a statement of accounts (so I can see where the figures come from etc). Can anyone help?

 

I'll see if I can scan the document in shortly.....

[twinkle1977]

Attached is the letter from Capquest and copy of the CCA

 

Can someone please take a look and let me know if I should / what I should do

 

Thanks

Edited August 11, 2008 by twinkle1977

[OnMyWayOut]

How are you paying - card payment or direct debit? They can't take more than the agreed amount without your permission - in fact they can only take a single payment on a card without getting your permission. Stop the payment authority and change it to standing order so that you have control, not them.

 

Having your account on hold doesn't normally stop them taking the agreed payment, just stops them calling or taking legal action usually.

[OnMyWayOut]

By the way - the reference number quoted (twice) in the PDF for your payments will identify you to them - I would blank it out.

[OnMyWayOut]

I think I've seen something about agreements that are pre-signed by the creditor being invalid (their signature date is before yours) but I can't remember where (or even if I remember this correctly). Worth checking on I think.

Edited August 12, 2008 by OnMyWayOut
spelling

[twinkle1977]

oh... i'd better delete the pdf then! although the bank a/c is no more.. i'll re-post the pdf tomorrow without my personal details.

 

what about the statement of account? should I have not received some breakdown of the account and where their figure came from?

 

capquest take the money straight from my card... i was naive when it was set up lets say....

 

can anyone help with what documents I should have received? is it legit?

 

Thanks

[OnMyWayOut]

I've asked someone to have a look at my idea about the dates above.

 

I believe you ought to have had a statement of account, transactions, current balance, etc. as well.

 

They have provided their banking details on the letter, so set up a standing order that is then fully under your control. When this is in place and well before the next instalment is due, write to them recorded delivery withdrawing your permission for them to use your card details and letting them know that any further payments taken that way will be subject to a chargeback (you reclaim it as an unauthorised payment via your bank).

Edited August 12, 2008 by OnMyWayOut

[AndyOrch]

I think I've seen something about agreements that are pre-signed by the creditor being invalid (their signature date is before yours) but I can't remember where (or even if I remember this correctly). Worth checking on I think.

 

 

You can have a situation where the creditor signs the agreement 1st, effectively so it becomes binding on both parties once it's signed by the debtor. The problem however, that I see with your agreement is that they are not following the normal procedure in that [the contract] becomes binding upon the sig of the debtor. They have inserted a condition precedent, which essentially means they are dispensing with the normal rules of offer and acceptance in contracts and saying that until such time as they are satisfied with their checks, the agreement is not binding. So if it didn't become binding upon you signing it, when did it? In my opinion, there would need to be a further document that both parties signed, I would contend that this could amount to a pre-contractual document.

 

I Trust the above is of help

 

 

Regards

 

Andy:cool:

[steven4064]

I agree 100% with Andy, above

So if it didn't become binding upon you signing it, when did it?

would just add, did it ever become binding?

[twinkle1977]

Hi all

 

Thanks for the responses, has anyone got a letter template or some words they can send to me that I can send to Capquest.

 

And for those that missed it - here's the paperwork they sent me, less the personal details from last time.....

capquest.pdf

[sytra]

Hi you still have a referance number on show, it is just above the box at bottom of 1st page

 

Sytra

[twinkle1977]

hi all

can anyone help me with this? do I send a letter to them as the CCA letter is not enough, or is it enough?

Should I demand statement of account and what else if anything? Does anyone super out there have any advice on what to write (is there a template?)

Thanks..

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

[twinkle1977]

Hi everyone

 

Can you all please read the below letter that i've compiled. I don't know if it reads ok as I've just taken snippets of suggestions from people on this board and thrown it together. Any grammatical or any other amendments greatly appreciated.....

 

Thanks!

 

Dear Sirs

 

I am in receipt of your letter dated 4th November 2008.

 

However, I would like to refer you back to my letter dated the 23rd July, stating that under the Consumer Credit Act 1974 (Sections 77−79), that I wished for a copy of my credit agreement on this account.

 

Capquest were required to " give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” under this act.

 

You did not send statements of the account, transactions, current balance and T’s&C’s. Your document you sent to me refers to T&C’s, as it states" Egg card conditions a copy which is enclosed" and it also mentions "by giving you notice under condition 12" which you also did not send.

 

Furthermore, the statement you sent was not signed by or on behalf of the creditor. In this case, I believe this document to be a pre-contractual document as it is not signed by the creditor.

 

As you have not responded satisfactorily to my original request, I remind you that my account is still in dispute. You wrote to me informing me that my account was on hold until the 17th August but proceeded to take a payment from my bank on the 11th August.

 

I would remind you that for you to pursue this debt whilst this account is in dispute is a criminal offence.

 

You shall not take any further payments until my CCA request has been satisfied and I am sent full CCA paperwork along with a copy of the default notice and copy of the Notice of assignment on this account.

[twinkle1977]

Resending with my question mark so you all know i'm nicely,asking for advice

[steven4064]

Looks Ok except it is not a criminal offence for them to purue the debt whilst the account is in dispute - change to summary offence.

[twinkle1977]

Cool! Thank you!

[twinkle1977]

Hi all

 

Sent the letter I posted up here earlier on, with the criminal offence changed to summary offence.

 

So, now I got this response from Capquest.

 

We thank you for your correspondence and respond as follows;

"Please note that as we are acting on behalf of our client a deed of assignment for the above account is not applicable.

We have requested a copy of the terms and conditions relating to this agreement, details of Condition 12, the default notice and statements relating to this account from our client. These will be forwarded to you as soon as we receive them from our client.

A copy of the statements of your account showing payments made to Capquest Group Ltd on this account is attached."

Yours sincerely

By the way - Capquest, in their usual fantastic form, did not attach the statement of account showing payments I have made to them. So i'll be writing to them about receiving this.

 

What do you all think??

 

How should I respond

 

Thanks all once again!

[steven4064]

I would write back and thank them for their attention and remind them that the statutory period for their reply is 12 days.

[twinkle1977]

I am livid

 

Today i have checked my bank and they've gone and taken a payment. and not only a normal payment but a higher payment than usual.

 

i'm sorry, but the account is in dispute and they've taken this payment today.

 

My bank has said the only thing I can do is pop into my branch and see if they can do an indemnity claim for me.

 

I want the money back now - they've increased the amount and I am [edit] livid. What can I do. I hate these [edit]!!! Now I have almost zero money to get me through this month.

 

Please, someone give me a kick ass letter that I can send to Capquest. As I'm not phoning them at the moment, i don't know how else I can get the money reimbursed to me.... anyone fancy making a phone call for me (ha ha)

 

Thanks

Edited December 11, 2008 by steven4064
expletives deleted

[steven4064]

It wil probably be quicker via the bank to get the money back. Cancell teh DD whilst youare at it so they can't do it again.

 

Wirte to them a stiff (but polite) letter:

 

1. pointing out again that the account is in dispute because of their non-compliance with s78(1)

2. that the payment they have taken is unlawful because of s78(6) of the CCA 1974

3. requesting that they return the payment immediately

4. that if they don't you will pursue it via the OFT and the courts, if necessary

5. tell them you have stopped the DD and that the bank is also looking at reclaiming the money for you

 

ps - I understand you are angry but I have had to modify your post above - site rules

[twinkle1977]

Thanks for modifying my posting!!

 

I know. it's naughty to swear.... I'll write to them tonight, you never know, I may get a refund by this time next year.

 

I shall make the points you suggested. Thanks very much (although they know full well, they're just being their usual rubbish selves!!)

[twinkle1977]

Hi all

Just to keep you up to date (in case you're interested)....

 

I wrote again to Capquest, stating that they had unlawfully taken payments from my bank in Aug, Sept, Oct, Nov and Dec even though my account is in dispute.

I also asked them to refund this money they have taken (yeah right - as if) and that I would go to OFT about them.

 

I also cancelled the DD with the bank so that they can take no more money. As they had said in their letter to me that they would enclose a copy of my statement of money paid to them (and did not) I congratulated them and requested that they still send this to me.

 

now -how do I go about pressing them to pay back the money they have taken while the account has been in dispute. I do want to make a point here, the account was in dispute, they did not send to me the documents required from my CCA AND they decided to up the payments I make to them.

 

Unsurprisingly, they've not responded to my most recent letter. Which makes the letter from July/Aug when I sent for a CCA well and truly past the 18 + 2 or whatever it was time line for them to equip me with the information I requested.

 

What powers do I have now - or am I kidding myself.

 

Thanks all - hope your christmas preparations are going ok if you're into celebrating it that is!!!

[twinkle1977]

Hi everyone

 

Got 2 x letters today.

 

1st letter from CAPQUEST (content below)

 

We thank you for your correspondence and respond as follows:

we can confirm that your letter has been passed to the relevant department.

 

2nd letter HL LEGAL SOLICITORS (content below)

 

We act for Capquest Debt Recovery Limited.

 

You made an arrangement to repay this debt by Direct Debit on 02 Nov 06 for the amount of £74.65 which was to be paid monthly (incorrect - an arrangement was made for £20 per month to be taken, before I was educated about what paperwork they should provide me to prove that they can take money from me. Also, the amount of £74.65 was an amount I did not agree to and also an amount they took whilst the account is in dispute. I still await my full CCA paperwork from July).

 

Take Notice: We are instructed that the direct debit mandate has been cancelled. If you fail to repay the arrears on the arrangement you have made by 25 Dec 08 further action will be taken and we will be seeking the full amount of £2***

 

Furthermore, if you commence payments and fail in your commitments in future without good cause or reason, further action will commence without further notice.

 

Contact the Capquest Debt Administration Office to avoid any further action on 0870 *****

 

The escalation in the collection process may involve you paying costs. In the event that proceedings are issued and judgements obtained it will make it difficult for you to obtain credit. we strongly recommend you adhere stringently to your arrangement and act on this letter immediately.

 

How to pay .......

 

Yours faithfully

HL Legal

 

ha ha. It's a great letter. I've got a great response in my head, but it's probably not the best one.

 

Please someone, help me.

 

The points outlined are:-

1) I CCA'd them July / august time. They only sent to me an unsigned by Egg agreement but it did have my signature on. No statement of accounts, copy of t's and c's or other paperwork included

2) They informed me the account was in dispute but then took payments in Aug, Sept, Oct, Nov & Dec.

3) I wrote to them (letter in one of my above posts) asking for them to provide me with this information and stated that the account was still in dispute.

4) They proceed to take a large payment than ever agreed (i guess they wanted to put up in value my monthly payments huh!!!) and now that i've informed them the DD is cancelled and I wanted them to pay back in full the payments they took whilst the account was in dispute, I get these two letters.

 

How to respond please? Anyone with legal or good experience know how?

 

Thanks

ho ho ho, merry chrimble!!!

[twinkle1977]

Sorry - i've been sat, watching and hoping for a reply - can anyone help me respond to the latest 2 x letters please?