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

[mrmarmite]

yes and yes,

 

cca £1 recorded

SAR £10 recorded

[trumpetmaest]

thanks for the info. I shall get the cca done and then send a sar to skycard

[mrmarmite]

shout if anything comes through or they start getting nasty with you.

[trumpetmaest]

I would be grateful if anyone on here could tell me if this agreement is enforcable.

I have attached them and I hope you can see them.

 

It says application form but also states consumer credit act:confused:

 

I am being chased by a DCA who say they have bought this.

I cca'd them and they have now sent me this and are now chasing payment.

 

Help please

skycard 2.pdf

skycard small.pdf

[DCA-KING]

Dont think so wheres the limit?

i think this should be on the agreement

someone will come along and give you more info

[mrmarmite]

it's an application form meaning pre-contractual. i like the bit skycard and pin for which you MAY be eligible.

 

An application form which does not contain the prescribed terms laid down in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482)does not constitute a true copy of any credit agreement that may or may not have been signed

AND if it is a real credit agreement it MUST be signed by BOTH the creditor AND the debitor,

so your answer is a big fat NO

[mrmarmite]

grrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. i hate copy and paste......

 

summary of my last post means it not an enforceable credit agreement

[trumpetmaest]

Thanks for the information.

 

How I write to the DCA about this?

 

Is there anything specific I should put in my letter other than this is not an enforcable agreement?

 

Is there a templete letter I can send to the DCA (Capquest).

 

Confused:confused:

[mrmarmite]

just tell them that you request and paid the fee for an executed regulated credit agreement NOT an application form. can you please forward the actual agreement asap. if they dont have one please confirm it in writing.

[trumpetmaest]

Thanks for that

[mrmarmite]

your welcome

[trumpetmaest]

Ok.

Please could someone advise?

 

I sent this letter recorded post on Monday:

 

 

Cap Quest Debt Recovery

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

25th February 2008

Dear Sir/madam,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Your Ref:8

Ref: Skycard Account

On November 1st 2007 I wrote to your company by recorded mail (signed by you on 5th November), requesting you to supply the following documentation:

 

1. A signed true copy of the credit agreement which refers to the above mentioned account.

 

This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a full and detailed statement of account.

I enclosed a cheque for £1.00 in payment of the statutory fee (which was subsequently cashed).

 

2. You were notified that you were obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

As you are aware non-compliance with my request is a criminal offence under the above Act.

I have received a letter from you dated 21st December 2007 with an application form attached.

I remind you that I requested and paid the fee for an executed regulated credit agreement NOT an application form.

I would therefore be grateful if you could forward the actual agreement.

If you do not have a signed true copy of the credit agreement which refers to the above mentioned account please confirm it in writing.

Please be advised that as you have not supplied a true copy of the signed credit agreement you have committed a criminal offence and I am therefore reporting this to Hampshire Trading Standards Authority and the FSA.

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you.

 

Yours faithfully

CCs:

Hampshire Trading Standards

FSA

 

 

 

I also sent copies to Trading Standards etc.

 

 

 

Today I have received a letter back from Cap Quest.

 

 

 

 

It reads....

 

 

 

We thank you for your correspodence and respond as follows@

 

 

 

Please find enclosed a copy of your application form with sky card. We can confirm that this is a credit agreement regulated by the consumer credit act 1974.

 

 

 

We look forward to hearing from you. blah blah blah

 

 

 

They have then attached another photo copy of my application again.

 

 

 

Could somebody please tell me if this is correct? Is it enforcable? If not what sort of letter should I now send?

Help please!

[42man]

It might be worth editing this letter...

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 26th July 2007.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the (12+2 working days + 30 calendar days) it becomes a criminal offence.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

[mrmarmite]

i'd go with 42man

 

you have to TELL them the facts (they still won't listen) BUT as long as you TELL them and they ignore it and take matter further you then have evidence that you DID tell them and they CHOSE to ignore it

[trumpetmaest]

Thanks for that.

 

I was beginning to think that I had got it wrong. I will prepare a letter.

[Curlyben]

Address your letter to the Q&A Department otherwise it may get "lost" in the other more general mail.

 

I've had similar fun and games with these people, but haven't heard anything for over 3 months now.

[trumpetmaest]

Ok...

 

I sent another letter and addrsessed it to Q & A.

 

They have now sent me another generated letter stating my account is on hold !

 

My questions are do I now go back to skycard/barclaycard with a SAR?

 

and what do i do with these jokers (C*pquest)?

[Curlyben]

NO

Wait until CQ respond to your letter

[trumpetmaest]

I have just got a letter back from Ms V hollis at Capquest.

 

 

Dear Trumpetmaest

 

I write in response to your letter dated ..... the contents of which have been noted.

 

My previous letter dated .... confirms that further copies of your agreement with terms and conditions of the acount were sent to you.

 

They re-sent me the forms that i have attached on this thread

 

All areas were highlighted to show this is a true copy of your agreement.

The copy they sent had the box with my signature highlighted.

 

The agreement has been signed and dated by you on ...May 2005 and was stamped by skycard on ....May 2005.

This documentation does comply with the consumer credit act, however if you do not agree please advise us why you believe this is insufficient documentation.

 

Capquest shall not be closing your account on the system and the account still remains on hold whilst we await your response on how you wish to clear the balance now outstanding.

 

Should you wish to discuss the matter further please contact me on 0870 no.

Yours sincerely

 

Q&A Officer

 

Could someone please advise me what to respond with?

 

[Josie8]

I would be grateful if anyone on here could tell me if this agreement is enforcable.

I have attached them and I hope you can see them.

 

It says application form but also states consumer credit act:confused:

 

I am being chased by a DCA who say they have bought this.

I cca'd them and they have now sent me this and are now chasing payment.

 

Help please

 

 

Yes it is enforceable. The terms & conditions are clearly on the back of the application form.

[trumpetmaest]

If it is enforcable how do I go about challenging the amounts they are quoting?

[trumpetmaest]

sorry to bump

[mrmarmite]

hang on a sec. let me dig out my info on skycard and cap quest and see what i done to get rid of them

[mrmarmite]

quick question, it there a lot of charges on this account

[Seahorse]

THIS is why you should always SAR the original creditor, Trumpet.