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    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
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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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