capquest stat demand for old SkyCard Debt? *** WON + COSTS ***

[mrmarmite]

there is time, i been down this exact route but my cca never did show up

[trumpetmaest]

I assume there must be a lot of charges on this account. however, I have not sent a S.A.R - (Subject Access Request) yet.

Should I send 1 to Skycard (Barclaycard) & 1 to Capqu*st?

[mrmarmite]

send it to skycard not crapquest, add to sar letter that you require ALL information not just the statements, they did this with me

[trumpetmaest]

Ok. I have sent a SAR of to Skycard (Barclaycard) today.

Is their a letter I should send to C pquest to tell them I what I have done?

[42man]

It might be worth dropping them a line explaining that you are disputing the debt due to a substantial amount of penalty / excessive charges on the account. At least by sending them this letter, then technically they should stop collection of the amount....

 

This is what the OFT say....(which you might like to quote)

 

2.8 - Examples of unfair practices

 

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

[mrmarmite]

yes do quote 42man and put 2.8 (k) in letter. request they put this account on hold for a MINIMUM of 40 days for you to obtain the information you have requested from skycard.

[trumpetmaest]

Update.

I sent a Sar request to skycard and an account in dispute letter to capquest.

 

I now have received a letter from Capquest enclosed within are a set of statements from skycard.

 

The letter just states that they are forwarding the statements to me.

 

I have not received anything what so ever from skyard directly.

 

The statement show lots of charges on them.

 

Can anyone point me in the direction of a charge calculator?

 

How do you advise I should respond? Skycard seem to have complied with a SAR request, but not to me.

 

Confused?

[trumpetmaest]

bump

[trumpetmaest]

I have got statements back from Skycard and a template letter stating that the charges are part of the terms & conditions that I agreed to be bound etc.

 

I have used the simple calculator to work out the charges and am I right in thinking that I now need to send a prelim letter to Skycard/Barclaycard?

If this is the case I am having touble finding a template to help. I have found one but it seems to be specifically for a bank account.

 

Can anyone point me in the right direction?

Once, I send a prel letter should I write to cap@uest again telling them.

[David963]

I am by no means an expert but would appreciate others opinion on this, as i understand it to be enforceable all fo the necessary information needs to be on the agreement.

 

The T&C's that are apparently on the back of this show a number of different APR's and you are told that you will be told which one yours is when you receive your card - surely that is a separate document and not the agreement unless they sent you a completely new agreement when you got your card and you signed it.

Also there is no credit limit on this application form - again you are told that you will be told what it is when you get your card. Surely to be enforceable this needs to be on the agreement?

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

Is a rubber date stamp a signature?

it does not say how much credit you are to get or how it is to be worked out or that there is no limie.

It gives multiple interest rates and does not state which specifically applies to you.

My question to more learned people on this forum is as it does not appear to give the information required or how it is to be worked out is this a valid agreement?

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

[trumpetmaest]

I have recieved these letters today from capquest & I am a little confused. Is it a Stat demand that has been issued?

 

 

 

Now I sent them a CCA request & they returned me an application form. I have also now SAR the original lender & the accounts show lots of charges which I am now calculating.

What would be the best way to proceed?

[postggj]

Mr Barry Davies Again

 

So Crappy Quest Are Getting Into The Sd Game Now

 

How Was It Served

 

1st Or 2nd Class Post

 

Uk Mail

Tnt

 

Do You Still Have The Envelope

[andie_303]

saw these clowns in court today - the case before mine - they didn't turn up

[andie_303]

or shouldI say...Didn't see lmao

[harrassed senior]

Hi, Yes, this is an SD and you will need to apply to the Court to have this set aside. I believe you will only have 18 days to do this.

 

You will be helped every step of the way, but it is important not to ignore this.

 

It is not anything terrible, as has been said, most of the time, once you apply for a set aside, they do not bother to turn up.

 

I will keep an eye on this thread to make sure it is picked up by the morning.

[postggj]

Getting This Set Asside Is A Formality And Will Put A Few Quid In Your Pocket Care Of Crappy Quest

 

Now How Did You Get That Sd

[trumpetmaest]

I received this today via a a4 letter. It was sent 1st Class Royal mail on a postage paid sticker.

 

What do I have to/ how do apply for a set aside? What is a set aside?

[postggj]

Ill Dig Out A Decent Thread For You On Sd

 

Relax On This One

 

Its A Common Tactic That Is Now Back Firing On Dca

 

The Oft Will Be Interested In This

 

I Believe 1st Credit Are On A Final Warning For Using Sd By The Oft

[postggj]

HAVE A NOSE TO BEGIN WITH

 

IME FINDING A BETTER ONE AS WE SPEAK

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/171785-stautory-demand-just-delivered.html?highlight=postggj

 

 

THIS IS THE ONE

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/155477-sd-received-post-day.html?highlight=postggj

[ODC]

Crapquest have cocked up in a major way in their pathetic covering letter.

 

We stress that our decision to pursue the bankruptcy petition is not irreversible and will only do so as a last resort.

 

 

Our preference is always to seek a repayment plan to avoid the need for such action

 

Our team of experienced negotiators is here to assist you in agreeing a plan to clear your indebtedness without the need for any further action

 

 

In these three statements not only have they breached the OFT Guidelines on the collection of Debt but they have also made it clear that they have issued the SD as a threat to get you to contact their telephone threat monkeys. This is a clear abuse of the insolvency system and they MUST be reported to the OFT, Trading Standards and your MP.

[postggj]

Its Unusual For Crappy Quest To Go Down The Sd Line

 

Must Be Getting Desperate

Times Are Hard

 

Shame

[trumpetmaest]

capquest have cocked up in a major way in their pathetic covering letter.

 

 

 

 

 

 

 

 

 

In these three statements not only have they breached the OFT Guidelines on the collection of Debt but they have also made it clear that they have issued the SD as a threat to get you to contact their telephone threat monkeys. This is a clear abuse of the insolvency system and they MUST be reported to the OFT, Trading Standards and your MP.

 

How do I complain?

[ODC]

Its Unusual For Crappy Quest To Go Down The Sd Line

 

Must Be Getting Desperate

Times Are Hard

 

Shame

 

Not that unusual at all. They issued a stack of them in Christmas Week as a nasty Christmas present needless to say they didn't follow up with their threats. The OFT were most interested then so it looks like Crapquest will be folloing in the steps of Worst Credit, Muck Hall and the Leeds Losers

[trumpetmaest]

I have been trying to get my head around this SD set aside.

Do I fill in 6.4 set aside & take it to the court?

 

In 6.5 Affidavit in Support of Application to Set Aside

Statutory Demand do I put the following as my reasons?

 

I apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT Debt Collection Guidelines.

 

The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues. My request under s78 of the Consumer Credit Act 1974 was sent to Capquest, the debt collection agency who claims to be dealing with the alleged agreement and have raised the statutory demand. This request was received and signed for on the 2nd November 2007.

 

Further, I believe that the amount of £8445.63 referred to in the statutory demand includes a substantial sum of unlawful penalty charges that I am also disputing.

Do I then send a letter to Capquest regarding disclosure under the Civil Procedure Rules?

 

I have also been through the credit card statements and have used a calculator to work out the charges. Do I send a letter requesting them back to Capquest or the CC?