CapQuest Problems

[Bazz]

Been around for some time, reading and learn, but now I have a problem.

 

I owe Skycard some money, they forwarded this to CapQuest to recover the debt.

I had been paying this off £10 per week, since Sept 2007 (only because I couldn't be bothered sorting it out).

I had to stop payments, as I had lost my job, and thats where things started to get strange.

 

Firstly, I have been receiving phone calls from them, arrogant and demanding money regardless of my situation.

I have a Phone Harassment letter going out to them (recorded).

 

Now I have recieve 2 letters, both have different amounts on them, I was also told that I owed them £319 (first phone call), the first letter stated £227.54 and the latest letter states £329.69 (not including the pay now or it'll be £409.69 with costs).

 

Now I am in 2 minds of what to do, firstly, do I dispute the amount, or do I take the lower amount?

 

Any other help would be grateful.

 

Thanks

 

Bazz

[berrylover]

Is Skycard a credit card?

 

If so, send them a Consumer Credit Agreement request (letter N I believe in the letter template section) with a £1 postal order and see if they can provide you with your CCA. If they can't then they can whistle for the full amount until they can. Remember not to sign the letter and to send it recorded delivery.

[ODC]

Send them this

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Cretins

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

[Bazz]

Thank you, I will send recorded tomorrow

[Bazz]

Letter sent today.

 

Also just had them on the phone again (at 8:46pm)!

 

Just out of interest, what should I do about the changes in amounts owed?

3 different amounts, with 2 in letters.

 

Sorry to be a pain.

 

Bazz

[MARTIN3030]

Its their duty to prove to you what the amount is.

You could have included a request for a breakdown of your account (the amounts paid owed and current balance etc) as part of a CCA request....not to worry.

Its the amounts that you have in writing that you can challenge-figures mentioned on the phone are not evidential....unless of course you have recordings.

 

For now lets wait for THEM to produce.

[rory32]

You could have included a request for a breakdown of your account (the amounts paid owed and current balance etc) as part of a CCA request

While it is better to state that you want this information in the CCA request they should (in order to fulfill their statutory requirements under the Act) provide a statement of account along with a copy of the agreement.

[version302003]

Firstly, I have been receiving phone calls from them, arrogant and demanding money regardless of my situation.

I have a Phone Harassment letter going out to them (recorded).

Bazz

 

BT "Choose to Refuse" is an excellent way to deal with they people

[Bazz]

So I received a reply today.

 

A letter apologizing for the phone calls etc. (which I have accepted).

 

Then I received another letter which I suppose is supposed to come from Sky Card themselves, (it is copy signed on behalf of Sky Card), but its not on headed paper etc.

 

Suggestions?

[42man]

Baz....couple of other threads here in case you hadn't seen them - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/168112-wife-skycard.html?highlight=skycard

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/132534-enforcable.html?highlight=skycard

[junebug]

Send them this

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Cretins...

 

 

I intend to start every single one of my letters to anyone ever with this.

 

Ever.

[Bazz]

Recieved a letter from them today with a exact copy of the agreement which was setup with SkyCard.

It has my signature on it and everything.

 

Spoke to a woman the other day on the phone, who was more helpful than anyone else there.

She explained that they had put charges on for £100, though I have had no notification of these charges.

 

Still waiting for a break down in the payments made etc.

[42man]

Does the agreement contain the prescribed terms ?

 

CCA RULES FOR PRESCRIBED TERMS

CONSUMER CREDIT ACT

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

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.