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Hi, I wondered if anyone could please advise me about a problem I am trying to sort out between my wife and Marbles.

My wife’s illness became so bad that I have had to stop working to care for her an consequently I took over sorting out our finances.

I came across payments she had been making to Marbles but when quizzed about it she had no recollection of setting anything up with them.

I wrote to them asking to accept lower payments, they sent a default notice and passed it on to Robinson Way & co.

so after reading your posts etc’ I wrote to Robinson Way & co requested a copy of my wife’s agreement so I could check it all out, etc’ and herd nothing.

The obligatory time elapsed and I sent them a non compliance letter and herd nothing, later I received a letter from CapQuest debt recovery saying they had taken the debt over.

I wrote and explained that the account was in dispute and they have replied today with a copy of an agreement only which appears to have signatures from my wife and one that says on behalf of HFC Bank in 2002.

Can anyone please tell me what if anything I can do next

Cheers

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Hi,

 

Could you post up what they have sent, removing all personal details.

How old is the Card and are there any charges you could reclaim ?

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Many Thanks,

This is what came today

img082.jpg

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no charges as far as I can see, and the date of sig's is 2002.

 

Cheers

Graham

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Pictures are too small - try uploading them to photobucket first :Image hosting, free photo sharing & video sharing at Photobucket


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Signed up to photobucket and files are uploading, do you need a url to view them ? (sorry never used this before)

 

Graham

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No - you just post the link on here.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Well, its a poor copy of an application form - I can't see any prescribed terms, so I would say this is unenforceable. Send them the following letter if you want:

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

xx/xx/2009

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter-dated xx/xx/2009 the contents of which are noted.

 

I note that you have included a copy of the document, which you aver to be the copy of the credit agreement between us

 

Now I wish to draw your attention to a series of concerns that I have with that document and why I feel that you have not discharged your duties under Section 78(1) of the Consumer Credit Act 1974

 

The document received is headed “xxxxxxxxxxxxxxxxxxxxxxx” within this first there are no prescribed terms as required by schedule 6 column 2 of the Consumer Credit Agreements Regulations 1983 SI 1983/1553.

 

To avoid any argument, the prescribed terms for this style of agreement (running account credit) are as follows

 

1. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit,

 

2. A term stating the rate of any interest on the credit to be provided under the agreement

 

3. 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

 

 

Now im sure you are aware as per Wilson & FCT [2003] All ER (D) 187 among others that if the prescribed terms are not in the agreement then the agreement is rendered unenforceable

 

 

To be honest I cannot tell as its not legible, infact even when blown up on the pc it is not legible and as a consequence I believe that the document fails to comply with Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

For your information, I reproduce regulation 2(1) for your reference

 

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1)The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

Clearly as the document you have supplied is not easily legible you cannot say that you have discharged your obligations under section 78(1) as the document does not comply with the copy document regs referred to above

Now to quote your own words from paragraph 3 of your letter “this means in effect as long as the terms are clearly shown, the CCA requirements are satisfied” well im sorry but they are not as the second part of this document that you supplied in reply to my CCA request is not clearly legible

 

Now to resolve this matter you can either supply me a copy of my agreement, which is in a legible form where all the terms are clearly stated and the prescribed terms are embodied within the agreement

 

Or alternatively, we can lay the agreement which you have produced in reply to my statutory request pursuant to section 78(1) of the Consumer Credit Act 1974 before the county court and I will request pursuant to section 142(1) of the CCA that the court make an order on the enforceability of that document.

 

However I am sure that the bank would not be keen on this happening as should the court rule that the agreement is not enforceable and you cannot provide a better copy than what you already have then the court would have no other option but to rule the agreement unenforceable

 

I think I have set out my position clearly and have even reproduced excerpts of the legislation on which I base my case, therefore I respectfully request that you reply to this letter within 14 days setting out if you can supply a more legible copy of the agreement or what action you propose to resolve this dispute if you cannot although the only real obvious option if you cannot provide a better copy would be for the bank to zero the balance on this debt as it cannot be enforced without a truly legible signed credit agreement containing the required prescribed terms

 

 

I await your reply

  • Haha 1

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Wow, clemma , thanks so much for taking the time to draw up a letter for me, it’s much appreciated I will send it off today and let you know the outcome .

 

Many thanks once again.

 

Graham.

Edited by maroondevo52
Sorting

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I wish I could take the credit for that letter - but do keep me informed :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Just a quick update,

Capquest have sent a letter today saying that they have passed the account back to Robinson Way.

Funnily enough Robinson Way have also sent a letter saying that they have removed the account from their records and passed it back to their client (Marbles), so I’ll wait and see what they have to say.

Cheers

Graham

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Hi,

 

So far so good, see what Marbles come back with.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Not herd a dick bird until today when we got an annual statement from Capquest in which I have noticed that they have added interest to the account of £61.85 each month for the last 4 months:mad:

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They have no CCA... so technically, it makes no difference what they add 'coz they can't enforce it through the courts.

 

:)

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looks like they are just trying it on then.

Nice,

what lovely people

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After threatening to complain to all the relevant authorities I have finally received the response as follows and any advice would be gratefully received, cheers.

I write in response your complaint dated 23 March 2010 of which your comments have been duly noted.

Unfortunately it would appear that we do not hold any authority on file to discuss this matter with yourself. Please forward this at your earliest convenience and I will be happy to respond to your complaint in full.

In addition to this Capquest are not in receipt of any details relating to your wife's dispute.

You have advised you believe the account to be unenforceable by law but you have not given your reasons. In order to help us understand your dispute, could you provide full details of your wife's dispute and clarify the following in your response:

1. Does your wife deny ever signing an agreement for a Marbles Credit Card?

2. Does your wife deny ever receiving a Marbles Credit Card? Does your wife deny ever using the Marbles Credit Card to pay for products or services?

3. Does your wife deny ever receiving statements for her Marbles Credit Card?

4. * Does your wife deny ever making payments to Marbles for her Credit Card?

Should you wish to discuss this matter further please do not hesitate to contad me on 0871 574 3161 .

Yours sincerely

Ms. M McEvoy

Quality & Compliance Team Leader

Capquest Debt Recovery Limited I Fleet 27 Rye Close 1 Fleet Hampshire

 

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After threatening to complain to all the relevant authorities I have finally received the response as follows and any advice would be gratefully received, cheers

I write in response your complaint dated 23 March 2010 of which your comments have been duly noted.

Unfortunately it would appear that we do not hold any authority on file to discuss this matter with yourself. Please forward this at your earliest convenience and I will be happy to respond to your complaint in full.

In addition to this Capquest are not in receipt of any details relating to your wife's dispute.

You have advised you believe the account to be unenforceable by law but you have not given your reasons. In order to help us understand your dispute, could you provide full details of your wife's dispute and clarify the following in your response:

1. Does your wife deny ever signing an agreement for a Marbles Credit Card?

2. Does your wife deny ever receiving a Marbles Credit Card? Does your wife deny ever using the Marbles Credit Card to pay for products or services?

3. Does your wife deny ever receiving statements for her Marbles Credit Card?

4. * Does your wife deny ever making payments to Marbles for her Credit Card?

Should you wish to discuss this matter further please do not hesitate to contad me on 0871 574 3161 .

Yours sincerely

Ms. M McEvoy

Quality & Compliance Team Leader

Capquest Debt Recovery Limited I Fleet 27 Rye Close 1 Fleet Hampshire

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Oh dear... don't reply to this bowlarks.

 

Need to log off but will be back later to read through it properly and consider an appropriate response.

 

:)

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cheers , PriorityOne

in the mean time could you cast your eye over my attempt which is a missmatch of templates .

many thanks

WE DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

April 12th, 2010

CapQuest Debt recovery Limited

PO BOX 396

Fleet

Hampshire

GU51 2WJ

ACCOUNT IN SERIOUS DISPUTE

Dear Ms McEvoy

You’re Ref : ?????????

Account number: ???????????

 

I write once again on behalf of my wife, (Mrs ??????) and with her full consent as she is not well enough to do so herself. Please be aware that writen authority for me to deal with my wifes account was origanaly sent to Marbles, a further authority was later sent to Robinson, Way & Company 30-10-2009, and yet another one was sent to Capquest 09-06-2009.

Please also be aware that I am dealing with this on my wife’s behalf in an attempt to shield her from the continued harassment as it is aggravating my her symptoms and affecting her health badly

I must admit that I am rather bemused as to why this account has been passed to yourselves in the first place, as it is in dispute with Robinson, Way & Company Limited, and has been since March 16th, 2009. Robinson, Way & Company incidentally also claims to be working on behalf of Marbles and not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

The last letter my wife received from Robinson, Way & Company / Marbles was March 16th, 2009 and intimated that her complaint would be resolved quickly this obviously hasn’t happened.

As Robinson, Way & Company / Marbles, are now in default of my wife’s Consumer Credit Act request and have also breached OFT Collection Guidelines, *s10 Data Protection Act request , we consider this account to be in SERIOUS DISPUTE.

 

 

As you are aware while her Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the original creditor Robinson, Way & Company / Marbles, for resolution of these defaults and breaches, as Capquest cannot lawfully pursue any enforcement activities.

I have stated in previous correspondence that I am now so exasperated that my wife is having to suffer this continued harassment I am considering immediate litigation without further notice to obtain recompense for the worry and upset caused to my wife, along with an hourly rate to cover my administration of the situation, I shall also seek reimbursement for any other costs including court fees.

 

I have already filed a report to Financial Ombudsman and If Capquest chooses to ignore my wife’s dispute and attempt enforcement, I will initiate legal action and file further reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, and possible court action.

 

After taking advice, I am of the opinion that any 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 hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

.

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Your letter is a tad too long and they won't be interested in the stress caused to you/your wife... My alternative is below, to be sent by rec. delivery.

 

 

Date xx/xx/xx

 

Your Ref xxxxxx

 

 

 

Dear xxxxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

I refer to your letter of xx/xx/xx; the content of which has been noted.

 

I am somewhat bemused as to why this account has been passed to yourselves in the first place. A legal request for a true copy of an alleged Consumer Credit Agreement (Consumer Credit Act, 1974) was sent to xxxxxxx on xx/xx/xx and until such times as this request has been actioned, no payments will be forthcoming to anyone.

 

Therefore, please take note that this letter serves as Notice under s.10 of the Data Protection Act, 1998 to cease and desist from processing my personal data. You do not have my signed authority to do so and as such, I have never agreed to have any of my personal information passed, shared or received by your company.

 

Should you now persist with trying to obtain payments on a disputed account in defiance of these instructions and/or instigate legal action, please note that your actions will be vigorously defended and treated as both unlawful and vexatious.

 

Under the circumstances, I suggest that you now liaise with your "client" directly as any further contact from yourselves will be copied and forwarded to Trading Standards, the OFT and any other authorities as I see fit.

 

I look forward to your considered response in this matter, confirmation that you have now deleted my personal data from your internal records and that any "account" with yourselves has been destroyed.

 

Yours faithfully,

 

:)

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brilliant, as always, many, many thanks, priorityone.:)

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You're welcome... :)

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