stat demand from capquest/National Westminster Bank OD *** WON + COSTS ***

[rory32]

The SAR would go to the bank.

[sorrylittlelot]

sO i'M DOING THE RIGHT THING SENDING THE DATA PROTECTION AND THE CCA?

[42man]

Send the CCA request to Capquest with £1 postal order enclosed, and send it recorded.....

 

The SAR should be sent to the original creditor, with £10 of postal orders (you can claim the cost of the SAR back with your court costs).....

Also send this recorded...

 

This is the SAR to use...they have to respond within 40 days..

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put lots of crosses through it so it can't be 'lifted'

 

 

[sorrylittlelot]

So I can get it put aside stating that I have not had the cca back from though even though I only posted it yesterday?

[42man]

Under section 78 (1) of the Consumer Credit Act A formal written request for any true copies of signed consumer credit agreements was sent to Capquest via guaranteed delivery (see attached document X) – to date they have not sent any copies of any Consumer Credit Agreements and as of the (12+2 working days after the date you sent) they will be in default of that request.

[sorrylittlelot]

tHANKS, i'LL KEEP EVERYBODY UPDATED AND HOPEFULLY i WILL BE ABLE TO CONTRIBUTE SOMETHING BACK TO THE SITE.

[sorrylittlelot]

damn caps lock lol

[sorrylittlelot]

ok I sent the CCA and Capquest have replied saying the account is on hold for 28 days whilst they get the documents.

 

What do I do now? do I still go to get it set asied or just wait?

[rory32]

You will still need to get it set aside.

[sorrylittlelot]

am i right to think that i can still do that but will have to pay?

do i set it aside claiming it is in dispute then as im awaiting my cca?

[rory32]

am i right to think that i can still do that but will have to pay?

 

Normally you would have to yes. If you are now on benefits then you may be exempt from having to pay the fee. I would ask the court clerk about this.

do i set it aside claiming it is in dispute then as im awaiting my cca?

Yes. Use the reasons already posted.

[sorrylittlelot]

Hello everybody,

 

I am in the same situation as I have not done anything other than send CCA to Capquest who put it on hold for 28 days (18th December 08) and I have not heard anything since from Capquest, I did however get a letter from Natwest saying "THE BANK DOES NOT REQUIRE CUSTOMERS TO SIGN AN AGREEMENT UNDER THE CONSUMER CREDIT ACT IN ORDER FOR AN OVERDRAFT FACILITY TO BE APPLIED TO THEIR ACCOUNT, THERFORE A COPY OF THE SIGNED AGREEMENT IS NOT AVAILABLE." , basically I have not done anything since as I was moving house and my partner had to go in to hospital to have a serious operation so it was put on the back burner.

Anyway I am now back on with my debt issues so was wondering what I should do now, continue with getting this put aside etc?

[42man]

Interesting....yes it is true that overdrafts aren't covered by the Consumer Credit Act as are credit cards....yet CQ put 'agreement' in their POC's.....do yo uknow if there are a substantial amount of charges on the account too ?

 

Have a read here also - Statutory Demand: Service by Post - Consumer Wiki

[sorrylittlelot]

I am not sure as I have today posted a SAR, however at the bottom of the letter from Natwest it says;

 

Agreed overdraft limit £0.00

Current account Balance £2270.32 dr

 

Interest rates applicable on arranged facility;

Nominal monthly rate (debit interest) 0.0%

Nominal annual rate (debit interest 0.0%

 

 

ok i'm going to go buy a scanner from tesco when the missus is home from work lol

[sorrylittlelot]

Okay I have scanned the Capquest documents so I shall post them now in order, please have patience lol.

Edited February 20, 2009 by sorrylittlelot
.

[sorrylittlelot]

ok

Edited February 20, 2009 by sorrylittlelot
?

[sorrylittlelot]

Ok this is the Stat demand that I received through the post as first contact with Capquest to which I sent a statute barred letter.

Edited February 22, 2009 by sorrylittlelot
removing personal details from documents

[sorrylittlelot]

ok this is the reply I received to my statute barred letter to which I sent a DCA letter

Edited February 22, 2009 by sorrylittlelot

[sorrylittlelot]

These are the replies I got to my DCA letter, as you will see it was put on hold for 28 days on 17th December so I just left it and waited for them to contact me and then on 18th Feb I recived the letter that is in the next reply

[sorrylittlelot]

These are the replies I got to my DCA letter, as you will see it was put on hold for 28 days on 17th December so I just left it and waited for them to contact me and then on 18th Feb I recived the letter that is in the next reply

[sorrylittlelot]

These are the replies I got to my DCA letter, as you will see it was put on hold for 28 days on 17th December so I just left it and waited for them to contact me and then on 18th Feb I recived the letter that is in the next reply

Edited February 22, 2009 by sorrylittlelot

[sorrylittlelot]

first letter from CapQuest since account put on hold for 28 days in DEC

Edited February 22, 2009 by sorrylittlelot

[rory32]

They're all too small to read. Have yoiu tried uploading them to photobucket and inserting a link?

[sorrylittlelot]

ok here goes, I'll do them in order;

 

Stat demand

http://i682.photobucket.com/albums/vv188/sorrylittlelot/statdemand10001.jpg

http://i682.photobucket.com/albums/vv188/sorrylittlelot/statdemand2.jpg

http://i682.photobucket.com/albums/vv188/sorrylittlelot/statdemand3.jpg

 

I replied to this with a statu barred letter and received the following response (I have absolutely no memory of ever paying anything to this;

http://i682.photobucket.com/albums/vv188/sorrylittlelot/statutebarredreply.jpg

 

I followed this up by sending a CCA and received the followinf;

http://i682.photobucket.com/albums/vv188/sorrylittlelot/suspendletter0001.jpg

http://i682.photobucket.com/albums/vv188/sorrylittlelot/natwestreplytostatbarred.jpg

http://i682.photobucket.com/albums/vv188/sorrylittlelot/natwestreply2.jpg

 

and then after not hearing anything for 2 months this popped through my door;

http://i682.photobucket.com/albums/vv188/sorrylittlelot/randomnewletter0001.jpg

 

Any ideas?

[42man]

OK....so no CCA sent, (to which they refer to in the demand), no default notice in the prescribed format....did you get the set aside and affadavit forms in ? And they have sent no proof that the debt is statute barred....(despite saying when the last payment was made) they STILL haven't proved it....I'd urge you also to report them to your local MP and OFT !!!