Jump to content


  • Tweets

  • Posts

    • Hi. I have received the SAR today. Looks like they did send a default notice, looking at it neither me or my husband remember ever seeing the letter. However, I know we cannot prove this like they can and have.... I guess there is nothing more I can do?  Thanks for all your help 
    • Dx thank you so much for all of your help this year you really are an angel you are a credit to this site and I’m sure 1000’s more would agree with me in saying that you are a perfect example of why nobody should lose hope in humanity the way society is starting to look today. I really can’t find the words to express my gratitude for your gumption. I really can’t apart from say thank you from the bottom of my heart. 
    • In terms of the result, in hindsight, I think that the manifesto possibly went too far.  I think nationalisation of utilities, railways and royal mail is a good thing due to the fact privatisation sucks money out of the system, and things end up being paid for several times over.   I'm not sure nationalisation of BT was such a good thing.  Our network is pretty rubbish and leaving infrastructure projects to private companies is incoherent and inefficient, but that might have been a step too far.   I disagree it's all Corbyn's fault because the Tory's campaigned on a very simple message - "get brexit done".  In effect, their manifesto was very basic, and labour haemorrhaged leave voting labour voters so desperately tired of the process.  There was a hell of a lot of anti Corbyn propaganda from the word go.   I said after the referendum that the Tory's would be screwed because they wouldn't be able to deliver on any of the promises made, and for a long time it looked like that would be the case.  However, I never took into consideration the effect of Boris Johnson would have because he's a very good salesman... I would bet my life on us having a deal by the end of next year, and whatever we're left with will be championed as a massive success... I'm sick of it all if I'm honest.  I've had people banging on about remainers can all shit up now, they lost etc, as if they'd won the lottery.  But when I look at it, it was all still based on nonsense and misinformation, so I think we've all lost.   We're now left with a Tory government that has a huge majority so that they can push through anything they like.  Where's the democracy there?  Leavers wanted more democracy, but Johnson having played a blinder, has secured less democracy and conviced them they're all winners.  Coupled with their promise to "renegotiate the relationship between parliament and the courts" I'm concerned all these leave voters aren't really thinking clearly.  I've also said all along that brexit was about the elite in our country having more overall control, and now they have it.  They've even convinced working class labour voters that it's in their interest.  How did this happen?
    • Hi  Received another scrawled letter this morning ,    just to to inform you that I am still waiting for further instructions from the court.    Please would you you provide me with a copy of my letter, where you have stated In your letter to me , dated 29th November 2019 ,  that my recent letter states I do not wish for you to instruct an expert or make an independent report on our behalf?    You also state that in my letter I also do not want your input in the Instructions letter to the expert.  Please forward a copy of my letter stating this to you.    Please forward where the judge states that I had to forward a written draft letter to you, with the instructions for the expert? Also where it states I needed to send you a copy for you to check to see if it’s appropriate.    Please would you send me the copy of my letter, sent to yourself, where you state , I have written all the above instructions to yourself .    Guessing she’s not kept a copy of the letters she has sent me. Oh dear!     
    • How many more times!!!  It was a global recession!!  Seriously, I feel like I'm in a cuckoo clock.  Answer honestly, surely if the country had been bankrupted the price of food would have shot up and we wouldn't have been able to draw any money out from a cash point?  These things are what I would expect if we had gone under as a country.
  • Our picks

4Star

Crap Quest

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3663 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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 !

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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


PGH7447

 

 

Getting There Slowly

---------

 

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

Share this post


Link to post
Share on other sites

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 ?

Share this post


Link to post
Share on other sites
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 ??

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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:-)

Share this post


Link to post
Share on other sites
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 ?

Share this post


Link to post
Share on other sites
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 ?

Share this post


Link to post
Share on other sites

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:-)

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

Do you still have a copy of the Default Notice?

Share this post


Link to post
Share on other sites
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 ?

Share this post


Link to post
Share on other sites
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?

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...