Capquest - Returned CCA Fee ?

[andrew1]

I would suspect that this is a wheeze to offset their obligation under the law of the CCA. If they don't cash your £1 they haven't been paid to excersise it.

 

Effectively they are refusing the cca request and I would imagine this is something for the authorities to take up.

 

I would send another request, recorded delivery, emphasise your rights to this info and if they haven't got it, like you have suggested, then they have to accept the consequences of the 12 day and 30 day rules. I would think it extremely unlikely that Citi Cards once having sold it are likely to buy it back. Now the DCA owns it they are left with it or they sell it on. Citicards are not in the business of buying debt!

 

They, Capquest and the likes buy these debts for roughly 7% - 12% of their face value from the card compainies so its like buying a batch of spuds from the market at 80% cheaper than the shop and finding a bad one or two. Does the trader want them back?

 

I have a Cit Card sold to Cabot in the same vein. I am claiming all my charges back from Citi and getting the money I paid Cabot if they dont reply by the end of this month:-D :-D

[andrew1]

Right young lady, the first thing we have to do is to stop you worrying. You are not alone - there's 90,odd thousand people behind you and we'll take you through every step to enable you to take back control of your life.

 

Capquest have a reputation. A reputation we are all very aware of and one which we can certainly control.

 

We have to establish two things. 1) you know who the debt belonged to - Egg. So we need to know if the money you owed is the same amount Capquest are asking for. Given what you have said about your circumstances I'd imagine you have charges for late payments etc ie: penalties on the balance. That enables you to say the debt is 'in dispute' because we are going to help you get all those back.

 

2) We have to establish whether or not Capquest are collecting 'on behalf of Egg' as an agent or whether they have 'bought' the debt from Egg and are chasing it for themselves.

 

First write this letter to Capquest:

 

Dear Sirs

 

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully

 

 

Put a £1 Postal Order with it and send it recorded delivery keeping the receipt it'll cost you about a £1 postage.

 

That will stop it in its tracks for the following period:

 

They have 12 +2 days posting time from posting to respond with the documents you have asked for. The Deed of Assignment is only if they have bought the debt (but is also not a legal requirement for them to send- however Egg should have written to you and informed you they sold it if they did.) If they don't send them in that time then they will need to go to court and get a court order before they can collect the debt only after they have found and produced the documents) IF after another 1 month they still haven't supplied it then they have commited a CRIMINAL OFFENCE and the debt is unenforceable until they find the documents.

 

Now, that sounds hairy but whilst all that is going on at Capquest you need to be sending a Data Protection Act Subject Access Request letter with a £10 Postal Order to EGG to get all the statements for the last six years ( or however long you had the account) They have 40 days to reply. The Data Protection Act S.A.R - (Subject Access Request) letter is in the Templates Library at the beginning of the forum. Once you have them you can look to see what penalties you have and you can follow the step by step guide to getting them back ( starting your own thread ) and asking all the questions you like to get you through.

 

THEN, once you know what the exact position is you can start to deal with the actual debt itself and getting yourself back in control.

 

That's when you can decide exactly what you can afford and we can help you get a negotiated deal struck to suit YOU not them.

 

Next on the List:

 

STOPPING THE PHONE CALLS

 

When writing to Capquest inform them that under no circumstances will you communicate with them on the telephone and that all communication MUST be in writing. If they keep calling, come back here and we'll give you a letter to send which will shut them up once and for all. If they phone in the meantime, just say you will only communicate by letter and politely put the phone down.

 

Once you have all that done and you start to feel back in control take your boyfirend down to the pub and enjoy your life ! PM me your thread and we'll keep an eye on you. If you have any other problems like this with any account the format is much the same Most of all - DO NOT WORRY - Money? - It's only numbers

[andrew1]

Thank you so much for your advice, have copied the letter and will send today with postal order. It's actually put my mind at ease reading that other people are in the same boat as I know what to expect now and won't let them bully me! x

 

 

Empowering isn't it ?

 

keep an eye on this thread too http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/28420-capquest-debt-recovery-can.html#post300295

[andrew1]

HA HA What'd I tell you?

 

This says they can't find your agreement. Capquest should have had a copy of the agreement BEFORE they chased you for the money. SEND THEM NOTHING ! Just so that there's no confusion SEND THEM NOTHING!!!

 

Now they need a court order from a judge to enforce the debt. Assuming the 12 + 2 working days days from the 9th Dec ( a Saturday!) they should have sent the documents by say 28th taking Christmas into account.

 

By now ( 9th Jan ) you should have had the documents even taking the holiday into account. So,, just sit back and wait.

 

If you want to write then you can acknowledge receipt of their letter and inform them that you now understand that they have now committed an offence and that the debt is unenforceable without a court order and therefore no further payments will be made until such times as they have produced said documents as outlined in your letter of 7th December.

 

You can also remind them that if they have not provided the documentation by 28th January 2007 they have committed a Criminal offence and you will report them to the appropriate authorities.

 

... and then tell them as Norman Tebbit ( who you are probably far too young to remember - one of Maggie T's Cabinet members) said - On ya bike

 

 

Edit: actually Minkypinky ( I do love that name!) I would not be being responsible if I didn't say this, just remember that the debt still stands even after the period expires if they come up with the documentation. However, they will need that documentation AND obtain an order from the court whilst explaining to the court why they have committed a Criminal Offence, so it's unlikely they will try. Just remember that though.

[andrew1]

Hijacked thread - apologies to all..

 

POSTS ABOVE 9th JAN transferred to Minkypinks own thread...http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/57031-minkypinky-capquest-update.html andrew1