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CAPQUEST - SD received for EGG card debt


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The default will only be legal if there is a cca to prove the default is there to be issued. There is no legal statute about the 6 year rule. The only items that can be legally on a Credit Reference Agencies records for 6 years are items passed and signed by a judge in court, such as a CCJ or Bankruptcy. If there is no CCA then a default should not be issued as there is no permission to allow items to be entered into the credit records of a data subject, without agreement of the person or persons signing a credit agreement.

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Do I need to write back to Capquest stating the CCA they send me is not valid? They sent it to me last year a good 7 or 8 months ago. I have not corresponded since that date and they have just continued to offer all kinds of payment plans which I Just ignored. I'm a little confused as to what to do at this stage, the Bankruptcy form they send has no mention of me declaring myself bankrupt and paying any related fees, it just says I have 18 days to set aside. Are they likely to pursue this?

 

 

I have already got a CCA from them last year months before this banruptcy threat. I have provided links above to images of them but am still awaiting clarification from experienced members on here as to whether this is a correct CCA? If it is then the debt is enforceable and I assume I have to pay if, if it is not then I might aswell go and get this set aside by the court.

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I think your agreement would be difficult to argue in front of a judge....and the default will last 6 years from when it was issued by the original creditor.....

 

You can read some more information on defaults here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

 

 

Do you mean difficult for me to argue? Or them? and why?

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Would you be happy and confident enough in front of a judge (who may know less than you about the Consumer Credit Act) and an opposing solicitor, and argue that the document is unenforceable.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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IMO the agreement itself would enforceable , I cannot see anything that would make it not.

 

 

Ida x

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i have had the same from Capquest... first get a CCA request off to them and at then apply for a set aside which is dead easy and costs nothing at your local court.

 

I have a hearing next week and they have written to the court saying they are not attending and asking for the stat demand to be issued. I have done my reseearch on everything as should you and as long as you are prepared, hopefully you will be ok.

 

You need to make sure they can povide the original default notice issued on the account as without that they cannot proceed. Also the notice of assignment and statements for the duration of the account.

 

stay positive.. i felt like you a few weeks ago and although nervous about next week i am feeling more hopeful.

 

 

Hi G, Im getting a little confused with the posts on here as noone is really asking questions about my situation and seems to just be handing out general information. Did oyu see my copies of the CCA request they sent to my on page 1 of the thread? Are they similar to yours? I have been told by one of the latest posters that they look fine and are enforceable, so on what grounds am I setting this banruptcy aside? and do I need to request the other documents you mention from Capquest in writing?

 

Help!!

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A default is only legal if a DCA can prove they own the debt and can prove ownership. There is no such legal thing as they 6 year rule under any statute, except for an order signed by a judge, such as a CCJ or Bankruptcy. All other items should not be there if the agreement has ended or there is no signed agreement. The debt industry take us for idiots and its about time they worked within the law in their greedy quest for easy quick money often made by illegal methods

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Let me try and clarify the situation for anyone wishing to get involved and offer some advice, as currently I am dazed and confused by this thread and unsure of what steps exactly I need to be taking.

 

- Capquest are handling a debt from Egg Credit Card Services which defaulted in 2005.

- I have in the past made monthly contributions totalling a few hundred quid

- I stopped paying and requested a CCA which they replied, The CCA can be viewed on the following links

http://i372.photobucket.com/albums/oo169/mjlogic/Capquest-CCA2.jpg

http://i372.photobucket.com/albums/oo169/mjlogic/Capquest-CCA2.jpg

- I have not corresponded with them since, it has been 6 months+

- They have now sent a Statutory demand for Bankruptcy to me

- Should I have the Bankruptcy threat set aside anyway, as I am being told the CCA looks fine by someone in this thread, post #31 ??

- If it does look enforceable and my reasons for setting aside are based on an uneforceable CCA what is likely to happen then?

- Do I need to request any other information from Capquest and wait and see what Capquest respond with such as Original Default notice, and Notice of Assignment mentioned above in post #25

- I am unsure as the correct order to be working in here and would really love to hear from someone who can help my individual circumstances.

 

16 days and counting to set aside! :-o

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GIAB....only you can decide if you want to set it aside.....your agreement does look enforceable, as it contains the prescribed terms, bear in mind it is obviously difficult to know exactly what will happen as judges do vary wildly....some will spit fire at a DCA for issuing a demand, some will not allow it to be set aside, I only know of two on here that weren't set aside, I do know of a significant number that have been set aside. - (please do have a read) DCA Legal Successes - The Consumer Forums

 

It might even be worth calling the National Debtline too - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000 (free, impartial and confidential)

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - 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.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Oh dear, I do seem to be the unlucky one dont I? Everyone esle seems to be stating they dd not get the correct CCA. Is a photocopy acceptable in a judges eyes? There are not full terms and conditions and the CCA is only 2 pages I am sure they are around 4 when you fill them in. Capquest have also mentioned £700+ of interest charges! Are they allowed to charge interest as well? The original creditor egg stopped charging interest as I recall after I enlisted the help of the CCCS some years ago. They then obviously sold the debt on to Capquest who have applied the interest.

 

Are you aware of any other information that I can use? Such as the assignment of debt, notice of default etc or does it look like I should just make contact and settle?

 

I feel like jumping off a cliff!

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regarding charges, if they are not part of the credit agreement then no. I would certainly disputing the balance and claiming the charges back to reduce the total amount. DO you have a full account of figures etc?

 

ida x

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What about SAR requesting Egg to check statements to see if any of the debt was made up of charges, interest on charges or am I clutching at straws here?

 

Is there anything I can use as a defense or delaying tactic? Should I set the case aside and use any of the above and info in previous post as a reason to set aside?

 

Help

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The procedure to get a statutory demand set aside.

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

One method of avoiding bankruptcy is to get the statutory demand set aside.

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

  • The amount stated on the statutory demand is disputed.
  • The person issuing the statutory demand also owes money. This is called a counterclaim.
  • The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  • The demand was issued in error.
  • The amount owing is less than £750
  • Execution has been stayed on a judgement debt.
  • The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  • The creditor failed to comply with the rules and prejudiced the debtor in the process

send of an SAR request to get a full account of what is going on.

 

Subject Access Request - Consumer Wiki

 

 

Ida x

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regarding charges, if they are not part of the credit agreement then no. I would certainly disputing the balance and claiming the charges back to reduce the total amount. DO you have a full account of figures etc?

 

ida x

 

 

Hi there,

 

I dont actually have anything from EGG in terms of statements as I recall it was all done online? Can I set aside and tell the judge I am waiting for an SAR to be carried out, everyone seems to think my CCA is enforceable so I need some other angle of what steps I need to undertake in order to see if I can contes anything at all or should I simply resign my self to the fact Im going to loose and just try and settle with them? I only work 10 hours a week currently :(

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also send capquest a letter in dispute re charges pronto,

 

you will need to edit to suit

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

  • You have fallen behind with your payments,
  • The amount owed is not in dispute; and
  • You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect#

 

idax

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always try and get an SD set aside due to the consequences,

 

get the letters sent of pronto keeping copies for yourself for the set aside

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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The procedure to get a statutory demand set aside.

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

One method of avoiding bankruptcy is to get the statutory demand set aside.

 

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

  • The amount stated on the statutory demand is disputed.
  • The person issuing the statutory demand also owes money. This is called a counterclaim.
  • The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  • The demand was issued in error.
  • The amount owing is less than £750
  • Execution has been stayed on a judgement debt.
  • The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  • The creditor failed to comply with the rules and prejudiced the debtor in the process

send of an SAR request to get a full account of what is going on.

 

Subject Access Request - Consumer Wiki

 

 

Ida x

 

THanks Ida, so I can apply to set aside on the grounds of the amount of the debt they are pursuing is in dispute, both the interest they have charged and whilst I wait for the SAR from EGG banking? Or are they actually allowed to charge me interest?

 

- Who Do I send the SAR to? Egg or Capquest?

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Hi Ida,

 

Are you sure that letter is correct for my circumstances, the account with Capquest has been in default for many months I dont understand this bit

 

"I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account".

 

By this do you mean the bankruptcy Demand?

 

Or Am i Supposed to be totally editing the content to suit my circumstanes??

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Who do I SAR? Egg or Capquest for all my statements since opening up the account to see whether they are late payment fees and interest on these fees etc that make up the amount of money claimed to be owed by Capquest. Also they have charged me over £700 interest on the amount outstanding, can they do this? Do I Need to give a reason to have the case set aside as amount owed in dispute?

 

Also I think your letter is geared towards something totally different and Im not sure on what I would need to write to suit my circumstances here, anyone help?

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sar to egg,

 

yes amend the letter to suit you , it was just to give the basis to work on,

 

42man might have better knowledge for trying for set aside, what u need etc.

 

i am not sure but if they have terminated the agreement. i e have already sent you a default then interest cannot be charge someone will clarify this for you

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Because my CCA looks enforceable am I right in thinking the following?

 

- I need to SAR Egg for my statements and watch out for unfair charges, interest on the charges etc

- Send a letter to Capquest informing them of my intentions of the SAR but not acknowledging the SD

- Also inform Capquest that they are not entitled to charge interest as I have not signed anything with them that states such (or is this allowed if they can produce the assignement of debt)

- Ask Capquest to forward, notice of default and assignment of debt, neither of which I believe I have ever been sent (certainly never requested)

- In the meantime fill out the forms to have the SD set aside?

 

Does this sound correct anyone?

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sar to egg,

 

yes amend the letter to suit you , it was just to give the basis to work on,

 

42man might have better knowledge for trying for set aside, what u need etc.

 

i am not sure but if they have terminated the agreement. i e have already sent you a default then interest cannot be charge someone will clarify this for you

 

ida x

 

Thanks Ida,

 

Startoin to get a better picture now of what needs to be done, could really do with help in writing to Capquest and what to put and what not to put. Bear with me folks :p

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hi giveITallback dont forget to send off a £10 postal order for the SAR. Its always best to try to get a SD setaside because although people on here say that 99% 0f creditors use it as a scare tactict you just never know do you. My husband had his Setaside hearing last week and although we were both bricking it to be really honest, it really wasnt that bad and we were only there 5 minutes.

So now take a deep breath have a coffee and clear your mind for a few a bit then go back to it otherwise your head will start whirling and you start getting confused about stuff.

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Thanks Shamay,

 

So does anyone have a letter template for the SAR for Egg?

Do I at this stage need to give a reason when completing the forms to set the SD aside?

If so should I put amount in dispute?

Do I Need to inform Capquest anything at this stage?

 

Anyone?

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