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I feel so drained by all this! Please help me!


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Hi there, I had an Overdraft with Halifax originally, they sold the debt in 2008 to Capquest. I CCA'd CAPQUEST and they wrote back saying that because I never paid the postal order they are not bound to the time frame I gave them. They have not produced anything forceable- They've merely sent an appliaction form which I signed!

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Thanks everyone... This is really weird as they are so stupid! They replied with an appliaction form which I had signed (clearly unenforceable) However then they write another letter, after I sent a dispute letter saying that they are in default as they sent a mere application form! Then they reply saying we did not get a postal order so your time frame of dispute letter does not count! They're so stupid that they did not even realise I had not sent the £1 till my 2nd Duspute letter- However I paid nothing to them so far and have a copy of my application form, my statments and terms and conditions- lol! HOWEVER I am panicing as they are saying I have 12 days to pay them!

Edited by natlani
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I requested a CCA From Capquest and te original creditors Halifax recently, Halifax said to deal with Capquest as they sold the debt in 2008. I Asked for true signed copy of Credit agreement and they replied back with an Application form! The overdraft was a student overdraft I took out in 2001. The bank replied saying they don't have to supply with a true signed copy (which I kinda knew) However Capquest still tried to send me an application form which is not enforceable (not knowing I had a student account!) Worth a try though I tell ya! I then replied disputing that they have entered into default as they have not produced requested docs in time frame given.

 

HOWEVER they have now replied saying that they have checked and there is no record of a postal order sent so the time frame does not apply to them! Their also saying extra 30 calender days which I know is rubbish! SO what do I do now? Please help me guys as I am getting so confused with all this!

 

Shall I tell them I sent a cheque for a pound?

 

Thanks for your replies... WOW someone called Count Orlock has realised! Thanks dude... I kinda figured this out after I sent the CCA thanks to this site lol! However funny that because the stupid DCA still sent out a letter saying that they have contacted Halifax and waiting for a response, then they sent me my application form, I then wrote back and disputed saying thatthis is not a credit agreement, they then wrote back saying... derrr hang on you haven't sent the postal order so sod off with all your threats! lol! I am just so dead confused guys! ARRRR Basically I have a Default on my account The DCA shared it with experian, Halifax defaulted me so they say?? However I still believe they put it there out of spite! I just want them to remove the default! I had an overdraft in 2001 I was at Uni... It was agreed at £1000... I then got charges upon charges, interest upon interest and then my balance became ridiculous! I was Minus thousand mainly of charges and interest! Then they claim they wrote to me... so where is the letter????? I have no idea whats going on or what to do!

Edited by natlani
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Thanks for your replies... WOW someone called Count Orlock has realised! Thanks dude... I kinda figured this out after I sent the CCA thanks to this site lol! However funny that because the stupid DCA still sent out a letter saying that they have contacted Halifax and waiting for a response, then they sent me my application form, I then wrote back and disputed saying thatthis is not a credit agreement, they then wrote back saying... derrr hang on you haven't sent the postal order so sod off with all your threats! lol! I am just so dead confused guys! ARRRR Basically I have a Default on my account The DCA shared it with experian, Halifax defaulted me so they say?? However I still believe they put it there out of spite! I just want them to remove the default! I had an overdraft in 2001 I was at Uni... It was agreed at £1000... I then got charges upon charges, interest upon interest and then my balance became ridiculous! I was Minus thousand mainly of charges and interest! Then they claim they wrote to me... so where is the letter????? I have no idea whats going on or what to do!

 

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2001 - when did you last make a payment or written acknowledgement for this - if over 6 years ago then its stat barred.

 

or you could sar halicrap and go for the reclaim of charges

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi

 

A bank overdraft is not covered by the CCA1974 as it is not a credit agreement as such, all you can do is send them a Subject Access Request to find out if there are any illegal charges included.

 

 

Regards

 

David

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Thanks to all of you who have taken the time to try and help...

 

I was a student just starting uni in 2001- I regret it now but then was young and opened a Bank account with Halifax. I dont even remeber asking for an overdraft but hey.. I basically have so many interest charges and Charges of £10. I honestly am finding it difficult to understand as I have so many interest charges of like 20, 16, 30 etc. I obviosly ended up in debt because of all the interest and charges! It was just stacking up... I have the statement to prove it! I was a student and tried to pay like £50 here and there but enough to stop the charges or interest obviously as I just could not get out of the red. The're saying they wrote to me, but I do not recall anything like that! They're saying they asked for payment but I did not reply.

 

I did a credit search and found I was defaulted in 2006! The company name was CQ DCA Debt company so Experian said to call them and find out whats going on, I did that and they said I defaulted on a Halifax account! I sent a CCA Request to CAPQUEST and Halifax and Halifax came back to me saying that the debt is sold to Capqest- so speak to them, I then got another letter from Halifax saying that My debt is overdraft therefore not covered by CCA 1974.

 

Q.1 Is there another way around getting my signed credit agreement without CCA 1974?

 

Capquest sent me a copy of an application form, I rightfully sent them a disput letter, gave then 7 days to provide documents I requested. They came back saying that they have no record of postal order so they are not time bound to produce anything, but in the same letter they attached a bank statemet and another copy yet again of the application form which I know is not enforceable anyway!

 

Q.2 What shall I do now, shall I send them another CCA with the £1 even though it's gonna come out sooner or later that it's not covered by CCA! Or shall I just test them anyway?

 

Q3. So what rights do I have as a person, they were nasty and defaulted me, I never got any letters requesting monies owed, I did not even get a letter saying debt was being sold, I just got a default!!!!

 

Q4. Shall I try and reclaim bank charges and risk getting more defaults in the process of being harrassed?

 

Sorry I know this is so complex! Please guys help!!!! Thanks x

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2001 - when did you last make a payment or written acknowledgement for this - if over 6 years ago then its stat barred.

 

or you could sar halicrap and go for the reclaim of charges

 

 

Thanks for helping me, I made a payment in 2006! That is not my way forward, I thought of that myself.I have a statement stating my transactions from 2001- 2007 sent by Hlifax. My default is saying 2006 on Experian but the account still looks active till Dec, 2006?? If I claim charges, can i claim the interest theyve been charging me?? I was a student for christs sake.

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Hi,

I do feel for you. It's no fun when the banks treat you like dirt so it's time to be strong and fight back.

 

Thanks to all of you who have taken the time to try and help...

 

I was a student just starting uni in 2001- I regret it now but then was young and opened a Bank account with Halifax. I dont even remeber asking for an overdraft but hey.. I basically have so many interest charges and Charges of £10. I honestly am finding it difficult to understand as I have so many interest charges of like 20, 16, 30 etc. I obviosly ended up in debt because of all the interest and charges! It was just stacking up... I have the statement to prove it! I was a student and tried to pay like £50 here and there but enough to stop the charges or interest obviously as I just could not get out of the red. The're saying they wrote to me, but I do not recall anything like that! They're saying they asked for payment but I did not reply.

 

I did a credit search and found I was defaulted in 2006! The company name was CQ DCA Debt company so Experian said to call them and find out whats going on, I did that and they said I defaulted on a Halifax account! I sent a CCA Request to CAPQUEST and Halifax and Halifax came back to me saying that the debt is sold to Capqest- so speak to them, I then got another letter from Halifax saying that My debt is overdraft therefore not covered by CCA 1974.

 

Q.1 Is there another way around getting my signed credit agreement without CCA 1974?

 

Send a SAR to Halifax and claim back on the charges

 

Capquest sent me a copy of an application form, I rightfully sent them a disput letter, gave then 7 days to provide documents I requested. They came back saying that they have no record of postal order so they are not time bound to produce anything, but in the same letter they attached a bank statemet and another copy yet again of the application form which I know is not enforceable anyway!

 

What sort of application. Was it the student bank account app?

 

Q.2 What shall I do now, shall I send them another CCA with the £1 even though it's gonna come out sooner or later that it's not covered by CCA! Or shall I just test them anyway?

 

You could write to CQ telling them you are dealing direct with Halifax and to put the account on hold for now. They won't but you could do with a paper trail

 

Q3. So what rights do I have as a person, they were nasty and defaulted me, I never got any letters requesting monies owed, I did not even get a letter saying debt was being sold, I just got a default!!!!

 

You have the right not to be harassed by these muppets. If they are ringing you, refuse to answer any security questions. The call can't continue. If they continue ringing, come back and we can give you a letter.

 

Q4. Shall I try and reclaim bank charges and risk getting more defaults in the process of being harrassed?

 

Claim away. If they tried to take you to court over this, you would have a defence

 

Sorry I know this is so complex! Please guys help!!!! Thanks x

 

Do everything in writing. Never phone them or accept calls from them

Check with the post office to find out if your postal order has been cashed.

 

The SAR will cost £10

Send by RD

Wait 40 days

 

Lots of help on the site. Just shout long and hard.

 

fox

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Thanks for helping me, I made a payment in 2006! That is not my way forward, I thought of that myself.I have a statement stating my transactions from 2001- 2007 sent by Hlifax. My default is saying 2006 on Experian but the account still looks active till Dec, 2006?? If I claim charges, can i claim the interest theyve been charging me?? I was a student for christs sake.

 

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If they start proceedings, which is highly doubtful, you can have it set aside because you are in dispute and they have failed to provide an enforceable agreement. Even if it got to court they can be brought to 'strict proof' which means they have to produce the original signed enforceable agreement.

 

Well I heard back from Halifax and Capquest...

Halifax are saying it was a student overdraft not covered by CCA, So sorry but p off basically and deal with Capquest as the debt is now sold to them!

Capquest sent me a mere application form! I disputed it but am still waiting for dear life... Shall I take it to court although I have no leg to stand on as CCA does not cover Overdrafts!

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Thanks to all of you who have taken the time to try and help...

 

I was a student just starting uni in 2001- I regret it now but then was young and opened a Bank account with Halifax. I dont even remeber asking for an overdraft but hey.. I basically have so many interest charges and Charges of £10. I honestly am finding it difficult to understand as I have so many interest charges of like 20, 16, 30 etc. I obviosly ended up in debt because of all the interest and charges! It was just stacking up... I have the statement to prove it! I was a student and tried to pay like £50 here and there but enough to stop the charges or interest obviously as I just could not get out of the red. The're saying they wrote to me, but I do not recall anything like that! They're saying they asked for payment but I did not reply.

 

 

I did a credit search and found I was defaulted in 2006! The company name was CQ DCA Debt company so Experian said to call them and find out whats going on, I did that and they said I defaulted on a Halifax account! I sent a CCA Request to CAPQUEST and Halifax and Halifax came back to me saying that the debt is sold to Capqest- so speak to them, I then got another letter from Halifax saying that My debt is overdraft therefore not covered by CCA 1974.

 

Q.1 Is there another way around getting my signed credit agreement without CCA 1974?

 

Capquest sent me a copy of an application form, I rightfully sent them a disput letter, gave then 7 days to provide documents I requested. They came back saying that they have no record of postal order so they are not time bound to produce anything, but in the same letter they attached a bank statemet and another copy yet again of the application form which I know is not enforceable anyway!

 

Q.2 What shall I do now, shall I send them another CCA with the £1 even though it's gonna come out sooner or later that it's not covered by CCA! Or shall I just test them anyway?

 

Q3. So what rights do I have as a person, they were nasty and defaulted me, I never got any letters requesting monies owed, I did not even get a letter saying debt was being sold, I just got a default!!!!

 

Q4. Shall I try and reclaim bank charges and risk getting more defaults in the process of being harrassed?

 

Sorry I know this is so complex! Please guys help!!!! Thanks x

 

Silver thanks for replying.

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Hi,

I do feel for you. It's no fun when the banks treat you like dirt so it's time to be strong and fight back.

 

 

 

Do everything in writing. Never phone them or accept calls from them

Check with the post office to find out if your postal order has been cashed.

 

The SAR will cost £10

Send by RD

Wait 40 days

 

Lots of help on the site. Just shout long and hard.

 

fox

 

Application form was the one I signed when I opened the account, so not a credit agreement. I don't even know if you get these for overdrafts, I don't think so.

 

I never received a DEFAULT NOTICE! However Experian shows defaulted in 2006!

 

Basically I don't care about the Credit agreement really, I only wanted to do that so they have troubl finding it then end up having to remove the default! However now that I feel they might say what the bank said, about it being an overdraft I just feel like its wasting so much time.

 

I have my bank statements as capquest sent it to me!

 

No they did not cash postal order as I never sent one to the them#1 Haha! But they have mentioned that in their letter that they are not bound to time frame of 12+2 on the basis that they did not get their poxy £1!

 

I need to reclaim big time! Shall I reclaim interest that they kept on charging on my student account or is this not allowed?? Thanks so much xx

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Do what silverfox is advising the SAR is the first step to getting a proper record of all the unfair charges on this account, once you put the claim in to Halifax you can dispute the amount of the debt with the DCA telling them that the amount is in dispute, the SAR should also supply with any documents that you may have signed, stop worrying and start to take control. Imagine how you will feel when you manage to get all them unfair charges and interest at 8% you might even be able to wipe the debt, So just get on with sending the SAR. Scan any docs that you think are wrong remove personal details and barcodes post so the experts on here can study them CHIN UP

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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no you cannot reclaim the interest charged each month, but, you can add interst at the rate they charged you to the total you reclaim.

 

just one other point: if it was the charges that put you overdrawn for the month the default was issued in, once you reclaim the charges, and they cough up, they must also remove the default.

 

now there is one other thing you need to bear-in-mind, there is currently a stay on all bank reclaims, so don't expect to get your money too soon, however, there is nothing to stop you getting in the queue.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Natlani...I have merged together a number of your threads...please try and stick to one if you can, otherwise people will lose the story so far...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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