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    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
    • £1300 is fine. Don't worry about it. Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made. It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable. What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price. If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses. If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?  
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No replys from capquest cca requested


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Hi guys ,

 

I’m new to requesting info from people like capquest and would like to know if I should send this 2nd letter?????? I have looked around on the the site and seen posts which make me think that I should send. See but I am a firm believer in confirming things before rushing in.

 

Please see below after reading 2nd letter.

 

Capquest Debt Recovery Ltd

Fleet 27

Rye Close

Fleet Hampshire

GU51 2QQDear

Sir/Madam,

 

With reference to my previous letters, I wish to draw your attention to your company's lack of compliance with my legal request On 12/01/09 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.You have failed to comply with my request, and as such the account entered default. The document that 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 Argos and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.[/font]

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response

 

 

I have requested a copy of my CCA by sending the below letter which was send 12/01/09 recorded delivery. I have not received any of the requested & I would like to know if the above letter should be sent??? Please help???

 

Capquest Debt Recovery LtdRye Close

Fleet

Hampshire

GU51 2QQ

07/01/09

Dear Sir / Madam

 

Re: Account No:

H L Legal Solicitors Ref Number

With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days. I also understand that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. I look forward to hearing from you.

 

Yours faithfully

my name

Edited by whitelion121
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