Capquest Statutory demand for cap1 card debt

[UK26]

Hi Guys look at this, a copy of letter i receievd

 

Balance £1285.11

Settlement £771.07

 

wonder why they offered a lower settlement once i pointed out there credit agreement was unenforceable?

 

Do you think they know this and trying one last attempt before giving up?

 

Letter History

 

12.02.08 Sent letter requesting copy of credit agreement

 

 

26.02.08 Default Letter sent to Capquest for not supplying requested documents within time scale

 

 

27.02.08 Letter received from Capquest providing an update

 

 

24.03.08 Letter received from Capquest providing an update

 

 

27.03.08 Letter received from Capquest with Credit Agreement, and Account Statements

 

 

12.04.08 I sent letter to Capquest advising the credit agreement is unenforceable due to prescribed terms missing

 

 

06.06.08 Letter received from Capquest advising they would serve me with a Statutory Demand

 

 

27.08.08 Letter Sent in response to there letter received on 06.06.08

 

 

30.08.08 Disputed Balance Sheet – This is a list of all illegal fees added to the account

 

 

 

 

Edited August 30, 2008 by UK26
Added more info

[UK26]

Credit Agreement

 

[UK26]

Terms and Cons

 

[2Grumpy]

You have to give them some credit for having found a signed original agreement.

 

Not like the unsigned undated rubbish you get from NatWest.

 

Did you get the first letter recently? It gave you until 19th June to pay!

[UK26]

no, did receive it on time, but moved address in between, not been back on the internet that long.

 

they may have a signed agreement, but i doubt it is enforceable!!

 

hints why they are trying to offer a reduced payment, MAYBE

[PGH7447]

any charges you can reclaim?

[UK26]

there is a few over limit and missed payment fees of £20.00 per item

 

in one month

 

 

30.09.04 Over Limit Fee £20.00

30.09.04 Late Payment Fee £20.00

04.10.04 Payment Protection £7.80

04.10.04 Interest £20.83

 

Total Charges £68.63

 

Min Payment required £68.63

 

PPI was not indicated on the agreement

Edited August 29, 2008 by UK26

[UK26]

now i am peed off, look at this

Dispuited Balance Sheet.pdf

Edited August 30, 2008 by UK26

[PGH7447]

so some charges to reclaim then

 

One looks a bit wierd, what is a "Plastics Upgrade Debt" ????

 

and other, other what?

[UK26]

One looks a bit wierd, what is a "Plastics Upgrade Debt" ????

 

and other, other what?

 

i would sure like to find out, guessing looking at the statements maybe they charge £29 and class it as "Plastics Upgrade Debt" for increasing the credit limit

 

 

The outstanding balance consists of approximately £656.79 unlawful / unfair charges, which are over half the balance (£1285.11) claimed owed to the defendant. "Capqust Debt Recovery Limited"

 

PPI was not indicated it was accepted yet they have charged me for it

Due to the charges and also PI

there interest charged is also incorrect

[UK26]

here is a draft letter i will be giving my Solicitor on Monday ready for my meeting with them on Tuesday

 

Any thoughts Guys???

 

 

 

 

RE: Appointment Tuesday 2nd September 2008 – 15:00 PM

 

 

 

Instruction

 

 

I would like to appoint ****************** as acting solicitors on my behalf working a disputed credit card account, formally with Capital One Bank.

 

 

The account was allegedly sold to Capquest Debt Recovery Limited.

 

 

 

Brief Case Outline

 

I received a phone call from CaqQuest (The Defendant) on or around 31st January 2008 regarding an outstanding balance owed to them in connection to a debt with Capital One Bank. Hereon referred to as the credit card account.

 

 

 

On 12th February 2008, I sent the defendant a letter requesting pursuit to Section 78 of the credit consumer act 1974, a true copy of the executed credit agreement.

 

 

 

This request also required the defendant to supply a copy of the deed of assignment and statement of account.

 

 

 

On 26th February 2008, I served the defendant with a default notice pursuit to section 78(6) of the consumer credit act 1974 for failing to provide upon request made on 12th February 2008 for copies of documentation.

 

 

 

 

On 27th February 2008, I received acknowledgement from the defendant confirming they will provide the requested documentation.

 

 

 

 

 

 

 

 

 

Again on 24th March 2008 informing me they have contacted Capital One Bank Limited to obtain the information.

 

 

 

On 27th March 2008, I received a letter from the defendant supplying a copy of the credit agreement, and bank statements.

 

 

On 12th April 2008, I sent the defendant a letter regarding the credit agreement received on 27th March 2008 was not compliant with the consumer credit act 1974 due to not containing the prescribed terms, outlined within this legislation and furthermore the statements indicated a large number of unlawful and unfair penalty charges.

 

On 6th June 2008, I received a letter from the defendant informing me they intend to issue a statutory demand and later a bankruptcy petition.

 

 

On 27th August 2008, I sent the defendant a letter reminding them of previous communications that they where advised to cease processing data in connection with this account pursuit to section 10 of the data protection act 1998.

 

 

 

I also informed them that if they do not reply by 3rd September then legal action would commence against the defendant.

 

 

 

Concerns

 

 

1. The defendant has not supplied a sale of notice or deed of assignment nor have I received this from Capital One Bank to confirm the same.

 

 

 

2. The credit agreement does not meet the minimum requirements set out under the

 

 

Prescribed terms for the purposes of sections 61(1(0) and 127(3) of the consumer credit act 1974

 

 

 

The Prescribed Terms are

 

 

 

(1) Repayments

 

 

 

(A) 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-

 

 

 

(B) Number of repayments;

 

© Amount of repayments;

 

(D) Frequency and timing of repayments;

(E) Dates of repayments;

(F) 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.

 

 

 

 

 

 

 

(2) Rate of interest

 

 

 

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

 

 

 

 

(3) Credit limit

 

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

 

 

 

 

 

 

 

 

 

 

The outstanding balance consists of approximately £656.79 unlawful / unfair charges, which are over half the balance (£1285.11) claimed owed to the defendant.

 

 

 

 

3. The defendant has also supplied a credit reference agency, hereon known as Experian Limited (Defendant 2) with inaccurate information.

 

 

 

I have informed Experian Limited of this information but they refused to change / amend the entry as there client confirmed it is accurate.

 

 

 

 

[Need to insert the

 

Legislation which makes Experian (credit reference agency) responsible for having incorrect info and refusing to alter it solely based on the fact CaqQuest confirmed its correct]

 

Conclusion

 

• Capquest Debt Recovery Limited should NOT be enforcing the agreement or chasing for payments on a disputed account.
  

• The incorrect data supplied to the credit reference agency Experian Limited should be removed despite previous requests to both CaqQuest and Experian the later as been declined.
  

Action to be taken

 

What ever is required to secure the desired outcome. As per the conclusion above and to comply with section 10 of the data protection act 1998

 

 

 

 

 

 

 

 

 

Yours sincerely

 

 

Edited August 30, 2008 by UK26

[UK26]

Can anyone help with drafting up a N1 POC based on the above info??

 

would like the default removed, and Capquest prevented from taking any action and also comply with s.10 Data Protection Act 1998 request

 

 

not sure the best way forward

 

 

issue N1 for reclaim of charges- whereby reducing the amount owed

which would reduce the debt by upto 51%

 

then if they continue to chase payment for the remaining balance for the other 49% defend and say the agreement is not enforceable

 

the outcome i want, is default removed from credit agencys

Edited August 30, 2008 by UK26

[nevos]

Hi, IMO you should take a breath and consider matters more carefully.

 

I doubt they will issue an SD as it will cost them quite a lot, also if you counterclaim for the charges the debt is reduced almost below the amount they can legally petition you for.

 

There are plenty of other points to consider such as: Default notice: Copy of and proof of postng etc..do a bit of research you will find it all on CAG.

 

Good Luck..

[UK26]

Ok

 

Lets assume they don’t follow there threat and issue the SD

There is still the problem that the default registered with credit reference agencies and its clear its incorrect information, however I cannot get anyone to listen and remove it, both CRA and CaqQuest refuse to remove / update the default.

I can’t stand around and wait for another 4 years for the default to expire, where I live, its only a 2 year agreement, and I then have to move out, but all the landlords refuse to give me a place due to adverse credit

[nevos]

So far you have not made a claim for the charges right? if not then, the amount they say you owe is what you owe until, you win your charges claim plus say statutory interest 8% and or dispute the debt in court?

 

Once read a thread on CAG where a person had cleared their debts, had all the defaults and adverse credit removed from their file all except for Vodafone. They Vodafone defended the right to keep it on file for 6 years regardless as per the contract. Beware mobile phone contracts can effect your credit rating.

[UK26]

ok, so do you suggest, i take court action to first get back the charges, whereby if i win, the debt would be lower then they can legally issue a SD for?

 

then when they hit me with the remaining balance, the defence would then be there Credit agreement is not enforceable for ........... reasons?

[reallymadwoman]

Personally I would pursue the claim for charges, and hope they don't pay so you can issue court proceedings, they will then defend and counterclaim, in your reply to the defence and counterclaim you ask for the agreement to be declared unenforceable and for the default to be removed as at the very least it's inaccurate.

[UK26]

excellent thanks,

[nevos]

Well, that would bring the value of the debt down by half at least, I'm 99.9% certain they won't issue an SD due to filing costs etc.

 

I Think you will need a court order to remove it from the CRA.

 

The other option is: Let them take you to court and if you are sure you can dispute the debt on whatever grounds, no CCA etc, unlawful charges then, if you win you can ask the judge to order them to remove it from the CRA.

 

If it says in their standard CCA they will register with a CRA as it does in Vodafone, then if the CCA is none existent, they must remove it, I would have thought anyways.,

 

As far as effecting your credit for house rent, you can obtain a copy of your file from the CRA and show it to a letting agent stating that, this was a dispute or it is still in dispute. Not such a big problem in the eyes of a reasonable person.

[nevos]

reallymadwoman on the same track hehe...and you can do it at low cost!

[UK26]

LBA Letter will now be issued giving 14 days

 

will follow up with issueing N1 if over 14 days

[UK26]

Right, here is what i intend to send

 

CapQuest LBA

 

 

LETTER BEFORE ACTION

 

 

 

CARD/ACCOUNT NUMBER: ***************

 

 

Account Balance: £1285.11

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract, which you agreed to at the time at opening of the account. It is an implied term of that contract, you would conduct yourselves lawfully, and in a manner, which complies with UK law.

 

You sent me a copy of a non-executed credit agreement on 27/03/2008 with copies of statement of account. I have noticed you have been charging payment protection insurance, yet this is not mentioned on the credit agreement as being accepted. Therefore, I also demand the refund of £63.73 to the account has payment protection insurance has clearly been added in error.

 

 

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £436.21 plus £149.21, which you have charged me in interest for the sums, which you have taken. Including payment protection insurance Total £649.15

 

 

 

 

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity’s caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

 

 

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice in Peterborough County Court.

 

 

 

Yours sincerely

 

 

 

 

Email I might send to Expierian and Information Commissioners Office

Formal Notice of Complaint

- All parties to acknowledge -

 

Dear MR Paul Lever C/o of Experian

 

CC: Information Commissioner’s Office

 

 

Re: Experian Limited maintaining incorrect data

 

In respect of entry C8 on my credit report

 

ENTRY NUMBER: C8

Name: MR ***************

Address: ***************************

Date of birth: *************************

Company name: CAPQUEST (FORMERLY FTC)

Account type: Bank

Started: 14/01/2004

Default Balance : £ 1,285

 

I have now shown you 100% evidently proof that in respect of this default, the information you hold, is in fact incorrect

 

I attach to this email

 

CaqQuest LBA Letter - advising them again of this matter

 

I also attach a Disputed Balance Sheet listing the incorrect data

 

In addition, just so you know, my allegations are 100% true; I hereby attach one page from an original statement of account.

 

I have now proved beyond responsible doubt that the default you hold relating to this account is incorrect.

 

I know you will now contact CaqQuest about this, and they will only say the information is correct, but ask your self this, are you 100% satisfied that the entry is correct? If not, here is a copy of the non-executed credit agreement herein attached to this email.

 

Now check this agreement, look for Payment Protection, can you see it??? NOPE. I know this credit agreement is hard to read, but you can see there is no tick boxes or any mention at all that PPI was taken.

 

What other proof do you require??????

 

The defaulted balance contains disputed fees, indicated by the attached files.

 

In my opinion, I have indicated with evidence this default is not correct, Paul, I ask you for the last time, look at this, follow the I.C.O guidelines, and uphold the law.

 

 

 

Edited August 31, 2008 by UK26

[nevos]

IMO you should send the prelim letter followed by the LBA, you need to follow the protocol. Attach a schedule of the charges with your prelim. In the library there are updated letters which refer to the test case.

 

I notice you mention PPI this will take your claim over the amount they say you owe right? I'm not sure if this is not a separate issue to bank charges, perhaps a wiser one can comment on this.

[UK26]

they have been advised of the dispute before in April 2008

 

 

without PPI the remaining balance is a few pounds under £700

[nevos]

Yes, but was it a formal request for repayment or a casual letter with no figures, I know some claims sites even have letters with no amount of claim in them but, better follow the well tried and tested route though, it is entirely up to you.

 

I don't know if the PPI can be claimed at the same time like a combined claim, sorry.