Help with Me Vs Capquest

[steven4064]

I checked the agreement with Dualcalc and the numbers are correct

[PrettyPaula]

i have today had a letter threatening to issue a statutory demand after viewing my personal circumstances.

 

this is worthless as i dont own my own home

 

i dont really understand it either as they also offer in the same letter a settlement at half the original debt?

 

any ideas?

[steven4064]

If they issue a SD without reasonable grounds they can be fined

[PrettyPaula]

a settlement like that suggests theyre not confident doesnt it? i think theyve sent me the originals and now dont have any copies.

[steven4064]

They do sound a little confused, don't they?

[mickrick]

a settlement like that suggests theyre not confident doesnt it? i think theyve sent me the originals and now dont have any copies.

 

PrettyPaula, I've had the same letter offering to match payments (£15 per every £50 I pay) "nothing sinister" apparently. It definitely sounds like they know they are on shaky ground and will try anything to get us to pay. DO NOT ring these people and DO NOT discuss the debt. They WILL treat it as acknowledgement by you of the debt. Keep giving them the runaround for as long as you can.

[PrettyPaula]

im going to resend that letter again with a copy of my request.

 

theyre starting to irritate me.

[Hampshiregirl]

Hi Prettypaula

 

i was just about to go to bed and happened on your thread (have had dealings with Capquest!)

 

I started to smile when i saw you great 'Indignant letter" (especially the bit at the end about having something useful to say and saving paper)

 

But really started to laugh out loud about this bit :

 

i think theyve sent me the originals and now dont have any copies

.

 

I do hope you are right!

 

I shall be laughing everytime i think of that

 

Sorry I can't help, not be on here long and still finding my way about, but hope it all works out for you...

 

Hampshiregirl

[PrettyPaula]

okay.

 

they have copies and i recieved again via recorded delivery this morning. however my postman signed for them not me.

 

Im pretty much done arent i here? it would be march 2010 that 6 yrs would have passed without payment, i dont see how i can string anything out for that long as i dont have anything else i can query do i?

 

i really need your help, i will be gutted if i have to arrange payment.

[cerberusalert]

You can drag it out longer by reclaiming the PPI & any unfair charges.

[PrettyPaula]

okay well oin the account statement thingy (payment history etc) it has 142.59 PPI charged

 

further on after default it has £69.71 PPI removal, it also has 4 x £20 fee assesment charges and 1 x £80 fee waiver charge

[PrettyPaula]

id really appreciate any help with this as im starting to get pretty panicky and losing sleep at night.

 

I'm terrified of getting a CCJ and really never having a chance to get my own house one day.

 

please, anyone?

[PGH7447]

How much is still outstanding?

 

If you start the reclaim I would think that that would indicate you admit the debt, Howver if the PPI and charges add up to a sizeable amount then recalim them, have you send egg a sar yet?

 

This would give you another 40 days, depending on how long it takes them to supply ALL the statements

[PrettyPaula]

no i havent SAR'd them. I also dont have a default notice, only a deed of assignment sent to an address i didnt live in at the time, a short statement from the OC and the agreement and terms from online.

 

The account is £3,100 roughly and when it left the OC it was £2200.

 

It went to capquest and has been with them since 2006.

[lilly white]

WELL I HAVE had A LOOK AT CCA

 

Does it have the total charge for credit.

 

Also i see ppi are they charges.

[PGH7447]

you need to sar egg then and get the account history, I mean thats £900 in charges etc

[PrettyPaula]

i cant see any total charge for credit...

only an APR and a total amount borrowed (ie the £2000 loan + PPI) but no total including total interest repayments?

 

is that required under the act?

[PrettyPaula]

do i need to SAR to Capquest? i think they have added the amjority of charges on after Egg sold it on?

[lilly white]

in a word yes

i will get a letter for you do not go to bed

[PGH7447]

do i need to SAR to Capquest? i think they have added the amjority of charges on after Egg sold it on?

 

no you sar egg, if the total on the last statement is less than what crappyQ want then they can whistle in the wind

 

however wait for lilli to come back with her letter

[PrettyPaula]

okay so how do i make capquest eff off in the meantime while i do that? cc them in?

[PrettyPaula]

and thankyou both, PGH - what about the total charge for credit? anyone know if it applies to egg online agreements from 2003?

[PGH7447]

okay so how do i make capquest eff off in the meantime while i do that? cc them in?

 

Just drop them a line stating you dispute the amount being quoted and you have sent the OC a sar and until they comply you consider the account in dispute

[lilly white]

stolen from pt. he puts it so much better

 

 

Simple

 

 

Dear Sir or Madam,

 

In respect of the credit agreement you have disclosed on the XXXXXXX 2009

 

After seeking legal advice from a Consumer Credit Law specialist i can comment as follows.

 

The agreement you disclosed is improperly executed, it is not compliant primarily with s61(1) Consumer Credit Act 1974 and the consequences are that as it stands the agreement is unenforceable and requires an order of the court pursuant to section 65(1) CCA 1974 to be remedy this problem. you are invited to make such an application for the said order.

 

Upon such an application i will rely upon the following points

 

The agreement is a fixed sum credit agreement, the rate of interest under the agreement is fixed for the term of the loan, there are no items entering into the charge for credit which are likely to be subject to change or variation therefore the agreement requires a term stating the Total Charge for credit with or without a list of its constituent parts, the agreement does not contain this term and therefore breaches Regulation 2 and Schedule 1 Para 9 Consumer Credit Agreement Regulations 1983.

 

The agreement must as a consequence of para 9, also include a term stating the total amount payable, again this agreement does not contain such information and therefore the agreement also breaches Reg 2 and Schedule 1 para 11 Consumer Credit Agreement Regulations 1983 and therefore the agreement does not comply with the regulations made by the secretary of state under the powers given by s60(1) of the 1974 Act and accordingly the agreement doesn ot comply with the strict requirements of s61(1)(a) Consumer Credit Act nor did it comply with s61(1) © Consumer Credit Act 1974

 

These breachs are clearly prejudicial to me as on entering into the agreement i was not givne the informatiuon that the Consumer Credit Act required to be made clear, i was not aware of the true cost of borrowing.

 

I would further highlight that xxxxxx egg subscribes to the Banking Code, as a requiremento f the code, they are required to lend responsibly and they clearly have failed in their duty under the code

 

my contention is that the court should not make an enforcement order, my authority for this contention would primarily be the case of Wlaker v SPPL in the Chester High Court before HHJ Derek Halbert. however if the court were minded to make an order for enforcement my argument would fall directly upon Rank Xerox Finance Limited vs Hepple CCLR 1994 1 and in this case the court taking into account a single breach of schedule 1 Agrement Regs reduced the amount of debt from £5000 to £500 to compensate the debtor for the prejudice caused

 

in view of this and in view of the fact you require an order from the court to enforce this agreement as clearly set out within the act, and the House of Lords in Wilson and First County Trust 2003 UKHL 40, i would invite your proposals to settle my dispute. i would also advise that i am informed that , i am able to apply to the court to consider this matter pursuant to section 142(1) CCA 1974 if no suitable agreement can be met.

 

however i trust this will not be necessary

 

I look forward to your settlement proposals

 

Sleep well

[PrettyPaula]

fabulous Lilly thankyou. Does the wording there still enable me not to accept liability for the debt? i am very conscious that is almost 6 years since last payment was made.

 

PGH- i have written a quick letter to crapquest stating in dispute, SAR sent to Egg, unlawful to persue when in dispute and that i shall write to them when Egg respond to me. Is that all it needs?

 

meanwhile, i shall bank that letter lilly as my trump card i just want to be 100% sure it applies to online stuff to x