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Capquest-dont Let Them Get Away With It.


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Having fun with CapQuest

 

My Solicitor has told them the credit agreement is unenforceable

 

but CapQuest insits there is a debt and as such will not remove the Default on my credit file.

 

The outstanding balance consists of over 51% of charges

 

I have written to trading standards which have been in contact with capquest, but still CapQuest do not comply with my request

 

 

Have they made any adjustments ?

If taken off the charges from the recorded default ?

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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Hi

sorry don,t want to jump on another thread, but im struggling with a SD demand from Capquest which now listed for hearing in the county court Nov 09, but they have applied to have my defence struck out will be heard on the 27/08/09, even though they have not replied with info requested under Cpr and sar notices, heres my tread could do with the help ..thanks Halifax credit card sold to Capquest...Help - Penalty Charges Forum

 

 

We could really do with you putting a bit of info on here !!!

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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Thank God for this thread! I thought Capquest had taken on a personal vendetta against me (lol!)

 

I have two seperate issues with them, didnt receive a CCA in response to the s.78 requests & they have continued to send collection letters since the accounts went into dispute. HL Legal have waded in too. One of the debts is definitely statute barred as well.

 

Thanks for the Hants TS contact info; will complain this weekend

 

Regards, EC

 

 

 

Great keep us updated.

You should also report them to your local TS.

Take with you any letters for them to copy.

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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  • 2 weeks later...

Ive just had a letter of apology from CQ for an incorrect default - was very surprised at them giving in so easily, I demanded a copy of the default notice and termination notice prior to issuing CPR31.16 (risky but worked) and gave them 14 days to clear my credit file, apologise and confirm this to me.

 

14 days was 7th August - on Friday 7th August guess what was delivered..... shocked was an understatement.

 

maybe they recognise the pattern of letters and realise we're not giving in to them. Thats another point for a Cagger -

 

Cag = 50 Cabot = 0

Stick to Facts ------ Facts don't Lie

:|

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Just a brief update on my 2 CQ issues. They're still chasing on the statute barred one but the other they were collecting on behalf of Robinson Way & they've just written to say they have returned that file back to RW. Only got the one issue now pleased to report!

"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

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Ive just had a letter of apology from CQ for an incorrect default - was very surprised at them giving in so easily, I demanded a copy of the default notice and termination notice prior to issuing CPR31.16 (risky but worked) and gave them 14 days to clear my credit file, apologise and confirm this to me.

 

14 days was 7th August - on Friday 7th August guess what was delivered..... shocked was an understatement.

 

maybe they recognise the pattern of letters and realise we're not giving in to them. Thats another point for a Cagger -

 

Cag = 50 Cabot = 0

 

Great result-they obv caved because they could not supply.

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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Just a brief update on my 2 CQ issues. They're still chasing on the statute barred one but the other they were collecting on behalf of Robinson Way & they've just written to say they have returned that file back to RW. Only got the one issue now pleased to report!

 

 

 

Good youre half way there then.

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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  • 3 weeks later...

icon1.gif Won Capquest in summary judgement hearing today

Went to court today to answer to capquests request for my defence to be struke out, the district judge did not allow there application, due to the fact that i argued that the credit agreement had non off the perscribed terms and also that Capquest and and Halifax had not sent anything that showed that capquest legally owned the debt so my defence was valid, the district judge agreed that the agreement did not have any of the perscribed terms so dismissed Capquest's application for summary judgement but said he was not too worried about the assignment, i did not agree with this which i think the judge was getting a bit miffed about, but i said not only was the agreement lacking any of the perscibed terms but we had no proof of any sought to show that there solictor should be sitting here asking for anything, on the orignal agreement which i said i feel is just a appliction it states that the terms and condtions are on another sheet, the judge said he might have granted capquests application if they had that, which dispite 2 CPR and 2 SAR requests has not been provided by Halifax or Capquest, i was abit worried about the judges comment even though we won and got costs of £92.50 , i thought all the terms like APR etc must be on the one sheet where i signed, anyway hearing still set for Nov 16,2009, anybody got any thoughts that might help again,

P.S sorry spellchecker u/s

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i thought all the terms like APR etc must be on the one sheet where i signed, anyway hearing still set for Nov 16,2009, anybody got any thoughts that might help again,

P.S sorry spellchecker u/s

 

You are right.

 

All the "prescribed terms" (which is not EVERY term though) must be on the signed part.

 

Otherwise its not enforceable - the judge has no discretion, as long as its a pre-2007 agreement (you didnt tell us if this is the case?)

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icon1.gif Won Capquest in summary judgement hearing today

Went to court today to answer to capquests request for my defence to be struke out, the district judge did not allow there application, due to the fact that i argued that the credit agreement had non off the perscribed terms and also that Capquest and and Halifax had not sent anything that showed that capquest legally owned the debt so my defence was valid, the district judge agreed that the agreement did not have any of the perscribed terms so dismissed Capquest's application for summary judgement but said he was not too worried about the assignment, i did not agree with this which i think the judge was getting a bit miffed about, but i said not only was the agreement lacking any of the perscibed terms but we had no proof of any sought to show that there solictor should be sitting here asking for anything, on the orignal agreement which i said i feel is just a appliction it states that the terms and condtions are on another sheet, the judge said he might have granted capquests application if they had that, which dispite 2 CPR and 2 SAR requests has not been provided by Halifax or Capquest, i was abit worried about the judges comment even though we won and got costs of £92.50 , i thought all the terms like APR etc must be on the one sheet where i signed, anyway hearing still set for Nov 16,2009, anybody got any thoughts that might help again,

P.S sorry spellchecker u/s

 

 

Well done so far-will ask one of the team to take a look.

Can you answer what year the agreement was from ?

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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  • 2 weeks later...

Great result.Go ahead.

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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Hi

the agreement is from 2002, also to add Capquest's solicter raised this Rankine case ,which there solicter stated means they don,t even need a signed agreement?..i've added what they say is CCA..thanks

 

Why do these muppets persist with the Rankine case? It does NOT apply to section 127(3) of the CCA. They are trying it on.

 

Glad you won!

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I am away from 13th-28th September...so cant reply.

For those here looking for advice who have not got threads-hit the red triangle for assistance from site team.

If you are new here,please start a thread in the Debt forums,giving brief details of your issues.

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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That is a very tiny image, is there any chance you can increase the size of it:)

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Image hosting, free photo sharing & video sharing at Photobucket

 

Free to register, upload document from your computer to the site, highlight and copy the url 3rd or 4th one should be fine.. then just hightail it over to your thread and paste the url into a reply box.

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hmm, looks like they are not so confident of their claim now does it.

 

Can you put a brief summary of where you are at the moment. Or do you have a specific thread ? if so, please put a post a link and I will get that letter moved over and we can advise you from there:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi

I have had the order from the county court to say Capquest's application was dismissed and costs were ordered for me, they have sent a pre trial check list, if I post it could some one help with the answers i need to put on it to make sure its correct..thanks everyone

 

Okey dokey, I have had a look back and it looks as though you had a SD set aside/dismissed and costs were awarded to you.

 

What is this about a pre trial checklist. Is there to be a further hearing ?

 

I think you need to have all this information on your own thread so you can be advised properly. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi

it all started with a SD issued against me by Capquest, then followed by a county court summons, I issued 2 CPR notices against capquest and also a SAR to Halifax, I defended saying they had no valid agreement, the court set a hearing date for Nov 2009, but the i got a letter from Capquest to say they had a hearing set for them to get summary judgement against me , they said I had no defence the judge dismissed there aplication on the grounds the cca they had none of the terms,and awarded cost for me, but still the case is listed for a full hearing in Nov,2009 but they still are just relying on the agreement which i have added a link..the SAR and CPR requests to both Halifax and Capquest did not produce anything other than this agreement..thanks. http://i604.photobucket.com/albums/tt124/sellyservice/halifaxcardapp.jpg"

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Hmm, so they issue a Statutory Demand.. they get that knocked back so ask for Summary Judgement, get that knocked back as well and now we are set for a hearing ?

 

If they only have that document to fall back on then IMHO, they have little or nothing. What procedures were followed up to the issuing of the claim ?. Default notice, ternination, formal demand. What did the POC say ? There isnt sufficient information detailed for us to advise correctly.

 

Please say if you have a thread started , if not then I will move your posts into a thread for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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