CapQuest problems with CCA response

[Happyfeet24]

Hi,

Things are finally moving.

 

Capquest have responded again. The situation so far...

 

I've been paying capquest for about a year for a Natwest Loan from 03.

 

Sent a CCA request 7/01/09- dated 6th

 

Capquest sent me an 'account on hold letter' 9/01/09 (So stopped paying)

 

I sent a letter for default of my request 20/01/09

 

Recieved this morning an agreement 'from' Natwest dated 19/01/09

 

Re: Request for copy Credit agreement under section 77 of the consumer credit act 1974

 

I refer to your correspondence dated 6th January, regarding the above account.

 

Please find enclosed a ''true copy'' of your credit agreement as requested together with details of the amountpayable, amount paid and arrears on the account.

 

When responding to requests made under section 77, the bank may provide you with a ''true copy'' of your agreement in accordance with regulatio 3 (1) of the consumer credit (cancellation notices and copies of documents) regulations 1983. This means that under section 77 there is no obligation for the bank to provide you with the original agreement bearing your signature. A ''true copy'' does not need to contain any personal information relating to you as the debtor nor does it need to include a signature box, any signatures or dates of signature.

 

I trust this explains the bank's obligations under section 77 and is of assistance to you.

 

Yours faithfully

 

 

Recovery manager

 

2 pages contained; The first is page showing the loan details, amount, interst, APR, repayment amount. It's just a computer print out off a word proccessor, not a photo copy of anything I've ever been presented with. Page 2 is half a page of t&Cs.

 

Also another 2 pages, titled Loan protector certificate of insurance none of my details, it's just 2 photo copied pages of T&Cs

 

Then a final page listing missed payment dates. Again just another print out off a computer.

 

 

What do I do now?

 

should I just set up another payment plan to Capquest or is there anything else I can do?

[cerberusalert]

Have a read through this http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[Happyfeet24]

I don't want to avoid paying if the debt is mine, but I sent the CCA request to see if CapQuest did have the right to collect from me.

 

Does the reply I've recieved indicate that CapQuest do have the rights to collect?

[Happyfeet24]

Ok, I've confused myself now:confused:

I'm either barking up the wrong tree or I've used completely the wrong templates for my situation.

 

The CCA request letter was from the template that was 'This letter is a formal request pursuant to s.77/78 of the consumer credit act 1974'

This could be where a went wrong because I then sent a letter when they didn't reply using the template below...

 

I made a formal request for a true signed agreement for the alleged account under consumer credit act 1974 s77/8

 

The document you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61 (1) of CCA 74 and subsequent statutory instruments.

 

But looking at the link no signature is required.

 

So, have I used the wrong template for my situation or have Natwest and Capquest still not provided what they should have done?

[cerberusalert]

Can you scan it or take a digital 'photo using macro mode? It doesn't sound as if it is a 'true copy' of anything. Besides, this loan protector....is it supposed to be a PPI?

[Happyfeet24]

Hi cerberusalert,

 

it's got it listed under purpose and amount of credit

 

© Insurance loan - £211.00 being the premium payable to insurers for optional loan protector insurance in relation to this agreement against death, sickness, accident and unemployment of Happyfeet24 in accordance with the bank's loan insurance leaflet

 

I'll post a copy tomorrow, it's difficult to explain but there's no copy of anything really just print outs off a computer and then pages that are just photo copys of the type of free advert leaflets you see on the counters at banks.

 

I'll photo the pages tomorrow so you can get a better idea of what they sent because this has got me confused:confused:

[Macaca]

So where does that leaves us?

Are there now coming a lot of 'new' CCA's without signature and how far are they getting in court without a signed agreement?

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances.**

[Happyfeet24]

Hi cerberusalert,

 

Thank you for the letter:)

 

I'll get that sent out tomorrow, or in a few hours as I've just seen the time:eek:

[Happyfeet24]

please ignore me for a second. Picture problems

 

Edited January 23, 2009 by Happyfeet24
photobucket has a mind of its own

[Happyfeet24]

yay, result. I've sorted the wonders of photobucket:)

 

OK, that was the cover letter. I'll put the page up in a sec that they claim is all they need to send me.

 

I won't put the T&C pages up as I guess they're all standard, unless somebody thinks they might be worth a look? let me know if I should

[Happyfeet24]

[Happyfeet24]

I'm sorry the quality is not very good.

 

That's what they say is the credit agreement, but it's just a print out off a computer.

 

At the top right there's no details filled in at all. No credit agreement reference number or anything.

 

Is this acceptable to my request?

[cerberusalert]

Send the muppets the letter in post #8, they have not supplied you with a true copy of any properly executed credit agreement:rolleyes:

[Happyfeet24]

brilliant:),

 

thank you cerberusalert. I'll get the letter sent now.

[Happyfeet24]

Just to update..

 

I'm sending the letter in post #8 Monday, so haven't communicated with Capquest any further yet, but this morning I received 3 seperate letters from them.

 

1. A response to a harrasment complaint sent at the same time I sent the 'default of request' 20/01/09, just saying they will investigate.

 

2. A letter in response to 'default of request' saying that they've passed it to the relevant department. (that was it, just that 1 sentence)

 

3. A letter stating missed payments from the last year that I've been paying them and telling me they don't have to remove my telephone number from their records because it's me who's in default on the account but as they're so nice they will as a favour to me (worded differently) and once they receive a response from Natwest they will forward it to me ( I thought that's what I'd already got:confused:)

 

I assume this is a tactic to confuse me. They're not budging though.

[Happyfeet24]

Hi again everyone,

 

Just to keep my thread updated

 

CapQuest have sent a letter recieved by me this morning saying they have received my letter from post #8 and 'as advised' in their previous letter they have requested a copy agreement from Natwest and the account is still on hold.

 

Now they've confirmed for the 3rd time that the account is on hold I doubt I'll hear from them again because NatWest have already sent their best effort, but we shall see.