Help wanted Marbles.com

[Undercover-Elsa]

Hi Gaza,

Just had a look through, again you're in the best hands already

 

On the subject of unlawful recission (UR) this is more accurately called repudiatory breach. It's the termination that's unlawful, giving rise to repudiatory breach, and upon the debtor accepting the breach the agreement is rescinded.

Unfortunately proving a negative ie no Default Notice received is much harder than demonstrating that a received DN is faulty.

The bank churn them out by computer and do not keep exact copies. They will swear they sent one and a court will most likely believe them.

The only way around this, to my knowledge is to do a subject access request and if no entry is made on the comms log that a dn was issued, you have them. Even better, as CitizenB says, if the comms log shows DN issued on the date they sent that pathetic notice of intention they're stuffed.

I'd continue following the top advice you've had so far re the lack of agreement, as I feel that's your best way forward.

Just my opinion, others may differ

regards,

Elsa x

Edited July 8, 2010 by Undercover-Elsa

[Undercover-Elsa]

Hi Gaza,

Well they really are getting desperate aren't they? First threatening a CCJ and then threatening a Stat Demand. Just so you don't panic too much, Capquest are renowned for doing this to scare you into paying, then not following through.

The way this account has been (mis) managed is horrendous. Shambolic.

You really need to get your teeth into it once and for all, to sort it out.

 

A couple of questions before we sort a letter out:

Did you get a response from the FOS? If not, why not and if so, what was it?

Did you send a Subject Access Request to the original company? I suspect not as it's not been mentioned since.

Thing is, if you want to put this to bed, YOU MUST SAR THEM.

 

Please, please send a SAR to BOTH the original company AND Marbles. It will cost you £10 each, unfortunately, but you urgently need this information. Do it ASAP. There's a link to the SAR template letter in my blog linked below.

 

You should also report this bunch to the OFT for using multiple unsubstantiated legal threats as a debt collection tool. Bankruptcy threats for just over a grand on a long term disputed debt with an admission of no CCA. Preposterous! We'll help you with that letter too. I think they fall foul of CPUTR too, in making threats they cannot legally fulfil.

 

I'll be back when you've answered the questions,

again, don't panic, they're just trying it on, but nonetheless need their @sses kicking once and for all.

 

Elsa x

[Undercover-Elsa]

In fact there's a thread started by Silverfox collating Crapquest Stat Demand attempts. Take a look. I've reciprocated the link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

[Undercover-Elsa]

Thanks Dx

 

I don't see the need to send another CCA Request to Crapquest...the original one is still in default. This lot just keep calling a spade a trowel in the hope that eventually you'll buy it.

 

I'd send them something on the lines of:

 

 

Re Account Number

Dear Sirs,

I note that you have, within two weeks of each other, issued both a Letter Before Action re a County Court Claim and a notice that you intend to issue a Statutory Demand in respect of the above account.

In all honesty I am appalled at the way this matter has been conducted throughout, since the assignment of the debt from HFC.

Up to that point I had a satisfactory repayment arrangement, sans interest, which I kept to and as a result the debt was reducing. However there were unfair charges on that account and possibly missold PPI which together with interest will largely negate this debt.

Upon assignment to Marbles, a catalogue of errors ensued, included loss of payments, refusal to honour my earlier repayment plan, reintroduction of interest and charges, and obfuscation whenever I tried to obtain precise details of payments and the accurate balance owed.

For this reason I submitted a request for a copy of the original agreement under Section 77-79 of the Consumer Credit Act 1974, as I had no way of knowing whether the terms of the agreement were being adhered to and the correct interest rates applied.

All I received in response was a reconstruction of Marbles current terms and conditions and a brief statement of account.

As I'm sure you will be aware (certainly a judge would) this does not, despite Marbles' assertions, comprise a satisfactory response to my request. Before you quote Carey at me, I will do so first and point out that where an agreement has been varied then a copy of the ORIGINAL agreement, terms and conditions must also be supplied.

Bearing in mind that the original agreement referenced above was with HFC Bank, I hardly see how a generic current Marbles reconstruction would bear any resemblance.

I would remind you also that Marbles have confirmed in writing that they are unable to locate a copy of the original agreement.

Bearing the above in mind, I find your threats of legal action and assertions of what will happen once you obtain judgement to be unfounded threats calculated to harrass and bully me into making payments under duress. I refer you to the requirements of CPUTR 2008 in this respect.

Certainly, I am aware that the OFT is actively monitoring the indiscriminate use of Statutory Demands as debt collection tools, and I am currently in communication with them in respect of this matter.

 

Should you proceed with your threat to issue a Statutory Demand on this disputed debt, it will be strongly contested and an application made for it to be set aside. At this point you will be required to produce all the vital documentation which has so far so consistently been withheld from me. I will also be eligible to claim for costs against you.

 

I therefore respectfully suggest that you refer back to your clients for a review of the way this account has/will be handled.

 

 

Can others please check this...any suggestions for edits/additions welcome.

Once it's OK'd, send it recorded to Capquest.

And send those SARS

 

Elsa x