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Crap Quest

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Hi

 

i have an account that has been in dispute with MBNA (Virgin Credit Card) since July when i asked them for a copy of the agreement and thay haven't sent me one.

 

they have now sold the debt to Crap Quest who have provided me with a joke of a copy of the the agreement with no signatures, just a tick box that says "ticking this box agrees to all terms and conditions" (or words to that effect).

 

i have challenged their attempt at an agreement and they claim a true copy does not need to have a signature (which i know is rubbish). they also say as it's a CC account the current t's and c's will do (which i also know is rubbish)

 

MBNA have never told me that they have sold the debt, Cap Quest just tell me that they have bought it. i've told them twice that i don't acknowledge them as MBNA have never told me about the sale, but they just ignore me.

 

my questions are as follows:

 

1) can they sell the account while it is in dispute ? and if not what do i do about it ?

2) can anybody tell me what the legal position is relatign to signatures on agreements, and what i should be telling them?

3) what should my next move be ?

4) can i ignore them as MBNA are still the alledged creditor as they haven't told me about crap quest

 

all advice greatly received and appreciated !

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They are right in that the copy of the agreement doesn't need to have a signature but the original bearing your signature would have to be produced in court. MBNA doesn't do agreements and as you say they are not supposed to sell it whilst it is in dispute. Do you have it in writing that Capquest have definitely bought the debt? Did you receive a Default Notice from MBNA? If you didn't or if any DN is invalid, then Capquest are up the creek without a paddle. Selling a debt without prior issue of a DN causes rescission ie puts you back in the position you were in before the agreement was taken out. Don't do anything until you have checked all the documentation.

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if it was a tick box did you apply on line?


PGH7447

 

 

Getting There Slowly

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

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not sure if the account has been defaulted, but i think it has.

 

yes CrapQuest told me in their latest letter that they have bought it. but MBNA just ignore my letters.

 

so what do i do about CrapQuest ?

 

but if they are oblidged to provide me with a true copy then surely this must be signed ? otherwise what's to stop me sending anybody a copy of an agreement with their name on it with no signature ? surely under Data protection laws i am entitled to see documents they hold about me ?

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if it was a tick box did you apply on line?

 

i may have done, it was a few years ago !

 

does this make much of a difference ??

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You might want to read this about signatures:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Personally, I would write to crap and tell them that the matter is in cca section 78(6) dispute with the OC and that you do not recognise their legal title or right to pursue in this matter until the dispute is resolved.

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because by applying on line and ticking the T&C's you have ineffect agreed to the agreement, without the need for a signature


PGH7447

 

 

Getting There Slowly

---------

 

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

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because by applying on line and ticking the T&C's you have ineffect agreed to the agreement, without the need for a signature

 

sorry for being dense, but i'm not up on legal side of things, but how can they prove it was me that took the account if i haven't signed to agree to it ?

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You might want to read this about signatures:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Personally, I would write to crap and tell them that the matter is in cca section 78(6) dispute with the OC and that you do not recognise their legal title or right to pursue in this matter until the dispute is resolved.

 

does that fact that i made a request under this section of the agreement hinder me asking under a different reason ?

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I am just stating that online applications are covered differently to paper ones


PGH7447

 

 

Getting There Slowly

---------

 

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

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You are not sure if it was defaulted? Well it is in your interests to know if it was defaulted legally with a Default Notice or not because if it wasn't there is nothing for Capquest to collect - the alleged account would be rescinded at the point of sale.

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You are not sure if it was defaulted? Well it is in your interests to know if it was defaulted legally with a Default Notice or not because if it wasn't there is nothing for Capquest to collect - the alleged account would be rescinded at the point of sale.

 

 

Good point well put pinky

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How old is the alleged application? Because as far as I know, before 2006 or so they still required a signature, whether applied for online or not.

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You are not sure if it was defaulted? Well it is in your interests to know if it was defaulted legally with a Default Notice or not because if it wasn't there is nothing for Capquest to collect - the alleged account would be rescinded at the point of sale.

 

sorry for not being clear, yes it was defaulted a while back, but in those days (before i knew about CAG) i didn't know it made a difference ?

 

what i meant was i don't know if the DN was valid or not.

 

i guess what i'm asking for is what should / can i do now ?

 

 

Thanks

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How old is the alleged application? Because as far as I know, before 2006 or so they still required a signature, whether applied for online or not.

 

if my memory serves me right i think the date of the alleged application was late 2005

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How old is the alleged application? Because as far as I know, before 2006 or so they still required a signature, whether applied for online or not.

 

 

Yes, before then you applied on line, they sent you all the paperwork to fill in/sign and post back.

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Do you still have a copy of the Default Notice?

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Do you still have a copy of the Default Notice?

 

unfortunatley no ! i've moved house and not been able to find it !

 

what options do i have now ?

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unfortunatley no ! i've moved house and not been able to find it !

 

what options do i have now ?

 

 

Have they actually asked you for / 'threatened' anything or have they just said 'we have complied with your request under section 78 of the CCA?

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Have they actually asked you for / 'threatened' anything or have they just said 'we have complied with your request under section 78 of the CCA?

 

yes they are chasing me for £6k, they are claiming to have bought it (even though MBNA have never told me - and as the account is in dispute with MBNA i'm not sure they can buy it)

 

they claim they have complied with the request, but as i said ealier apart from the name and address on the agreement it could be anybodies agreement as it has nothing personal on it

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