capquest cca

[silverfox71]

Hi

Cap quest reckon that they have bought a debt off of the bank of Scotland with regards a sterling visa card I had, now this card was paid of in 2006 with which I have sent them proof but they reckon it's not good enough. They have also put a default on my credit file reference this so called debt, so I sent off a CCA request on the 8th of Apr, got a reply from them dated the 9 th of APR a week later saying the account was on hold for 28 days while they obtain the information and asking that I send them further proof of payments and correspondence. What is the actual time limit for them to send me this information?

 

Thanks in Advance

[xx.Morph.xx]

12+2 working days, however they are under the impression they get another 30 days making 42 total (WRONG)

 

I'm in a similar battle to you here:-http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/193800-capquest-cca-request-response.html

 

Morph

[silverfox71]

Thanks for the reply. Exactly the same letter that thay sent me, should I now do the same and send of the account in dispute letter. Also does anyone know what I can do about the default they have put on my credit file.

[clemma]

You can send the dispute letter as soon as their 12 + 2 days are up (which they are).

 

As for the default - write to the CRA's sending them the proof that this alleged debt has been in full!

[xx.Morph.xx]

Their 12+2 was up on the 29th I think, so you may as well send the "in dispute" letter just so they can incriminate themselves with a "42 Days" letter.

 

Morph

[silverfox71]

Sorry another question, if and when they reply to the cca exactly what information should they return.

[xx.Morph.xx]

Your guess is as good as mine as to what you'll get, you can see what they sent me in my link above but that was for a Halifax CC.

 

Might be worth searching the forum for "Bank Of Scotland CCA" & see what people have or havn't received.

 

Morph

[silverfox71]

Many thanks for your help Morph, found some good stuff there.

[harrassed senior]

If you remove all identifying details then scan and post what you get, if you get anything, on here and those more knowledgeable will let you have their definitive opinions, and advise the next step.

[silverfox71]

thanks harrased senior, as soon as I get any thing through from them I will post on here.

[ODC]

Here is a nice response to their silly idea that they have 42 days. I gave it to someone to use against the Leeds losers so change it to suit your dealings with Crapquest

 

Dear Ms Swallow

 

Thank you for your rather silly letter. You are in fact mistaken in your misguided response to my CCA request. As a Credit Professional belonging to a company who are members of the CSA I would have thought that you would be au fait with current legislation. You are sadly mistaken in you opinion that you have more than 12 working days to comply with my legal request and I suggest you contact a solicitor for Legal advice (I would not recommend your in house team of Hampton Legal).

 

On this occasion I will put your response down to mere stupidity rather than a deliberate attempt to deceive which as you know would be a clear breach of the Consumer Protection from Unfair Trading Regulations 2008, The CSA Code as well as the OFT Guidelines on the Collection of Debt.

 

Actually I think I will report the matter to the OFT as it would appear the lack of knowledge the Consumer Credit Act would indicate perhaps that the Lowell Group are not fit to hold a Consumer Credit Licence.

 

You cannot pretend that you were not aware of the change in Legislation as it has been pointed out to you numerous times by members of the Consumer Action Group.

 

Infact I dont even know why you bothered sending you silly letter to me when you know as well as I do that Capital One will be unable to produce anything remotely resembling a properly executed CCA Agreement.

 

So why waste my time and yours by pretending otherwise.

 

 

yours etc

[andymanx]

I got the same letter from Crap Quest too. I will use your excellent letter ODC lol.

[Undercover-Elsa]

LOL excellent letter

And is that name FOR REAL??? SAMANTHA SWALLOW???!!!!

Did they get that from a card in a phone box???

Dear me!

Elsa x

[silverfox71]

Doh!!! Thought I had paid this debt of in 2006 with a debt company I was with. Used my redundancy money to pay of a number of creditors with this debt company and paid them a nice sum for doing so, now I have had my cca back from capquest and it looks as if they paid this debt short by £72, moved after I had paid this so recieved no letters stating this was still due. Looks like they sent through the proper docs as well, will try and post them up here just to make sure. A well you cant win them all, thanks for all who took time to reply and best regards for the future.

[harrassed senior]

Just as a matter of interest, are their any fees and charges on that account which you could re-claim? they may actually end up owing you more than you owe them!

[Undercover-Elsa]

Good point arrassed Senior.

Might be worth firing off a Subject Access Request to them Silverfox

 

Elsa x

[silverfox71]

Here is a copy of the form they sent back to me. What would a subject access request do?crapquest.pdf

[silverfox71]

does this cca look enforceable.

[Undercover-Elsa]

Hi Silverfox,

A Subject Access Request is for all the data they hold on you, most significantly all your statements for up to 6 years. The aim is to calculate all the penalty charges (late payment fees etc, not interest) and claim them back..which could mean they owe you if there's been many.

Template here:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

Enclose a £10 Postal Order and send recorded. They have 40 + 2 days to comply.

Hope this helps,

Elsa x

[Undercover-Elsa]

PS I'll leave one of the CCA experts to comment on your form.

Elsa x

[clemma]

I have had a look and I would have to say this is 100% unenforceable. They have sent you a copy of your application form which contains NO prescribed terms whatsoever. Send them this letter to firmly put this into dispute:

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

[silverfox71]

Thanks for your reply Elsa, They have sent all the statements on the account for the last 10 years thats how I had found out the mistake on the final payment by the debt company so looks like I have saved myself £10. will work my way through them and add it all up, or would it be worth sending one off anyways, to give me that extra bit breathing space to get the money together if it is enforceable.

[clemma]

See my post above

[silverfox71]

Hi Clemma, trying to scan on other bits they sent, having probs at the mo. They have also sent a 4 page doc which says is a copy of your agreement, it has on it key financial information, other financial information and parties to this agreement and other terms and conditions, will hopefully get it up here soonest so you can have a look.

[clemma]

If you have not signed it, then it makes no difference. There is nothing on the application form that refers to terms and conditions. But scan them up anyway.