capQuest

[akuma]

Hmm...Having read all this I am at a loss as to what my next step should be.

Could someone please clarify what my options are.

Thank you.

Edited January 23, 2010 by akuma

[Old Cogger]

Send Subject Access Request as you have been told, enclose £10 P.O., SEND RECORDED DELIVERY, inform capquest that you have sar!d to the originator who have 40 days to respond, (this should include assignment/CCA/correspondence /default notice/termination letter.for the account, when was your last payment made to the bank) never admit anything at this stage.?? The need others are trying to help you with is the true state of your account and ways of finding out, so do not rush into a worse situation, Remember the GOLDEN RULE, DCA!s are out to make money lies can be told & are do not believe everthing they say, always correspond to them in writing, if you have to but ask on here before writing to them.

Edited January 23, 2010 by Old Cogger

[akuma]

Thank you Mike770.

1. I will send the original creditor a Subject Access Request.

2. Inform Capquest I have asked original creditor a Subject Access Request.

 

cheers

[gezwee]

Did you try claiming on the PPI when you became unemployed, if so was it rejected and on what basis?

[akuma]

I didnt have PPI as far as I can see.

[gezwee]

I didnt have PPI as far as I can see.

 

Whats the silver creditcare at £2108.00 for then

[Hardupnotfedup]

Unemployment Insurance

We will pay monthly benefit(s) up to a maximum of £1,500 per month if you suffer involuntary unemployment. You will

be eligible for a monthly benefit to be paid after you have been unemployed for a continuous period of 30 days. Further

monthly benefits will become payable for each complete 30 days you are unemployed up to a maximum of 12

payments in respect of any one claim.

 

The above is an excerpt from Silver Creditcares T&C

[gezwee]

Think we need some more info from the OP regarding this issue.

 

I'm assuming from Akumas last post that they werent aware of the insurance and hence never made a claim?

 

I figure if CQ are chasing just over 3k and theres in the region of 3k to recover from mis sold PPI and interest charges it may be the simpler route to get the balance written off without the need to litigate.

 

I can only assume CQ have bought another pup

[Hardupnotfedup]

Agree, but it just goes to show how these companies slip in the PPi without people noticing, Akuma has this PPI on his agreement and has paid and doesn't know hes got it.

Am I right in thinking that there should be a separate agreement for the PPi and that it shouldn't be added to the CC agreement

[gezwee]

Agree, but it just goes to show how these companies slip in the PPi without people noticing, Akuma has this PPI on his agreement and has paid and doesn't know hes got it.

Am I right in thinking that there should be a separate agreement for the PPi and that it shouldn't be added to the CC agreement

 

Think you may be refering to S.18, multiple terms incorrectly stated within the agreement.

 

Should be some useful stickies at the top of the PPI forum

 

Gez

[akuma]

So I guess I these are still my option?

1. I will send the original creditor a Subject Access Request.

2. Inform Capquest I have asked original creditor a Subject Access Request.

 

cheers

[Huff&Puff]

Just do 1) and send the SAR. There is no need to inform Capquest that you have done so.

[akuma]

surely if capquest do not hear from me as stated in their letter they would add charges and proceed court?

[Huff&Puff]

The first thing you need to learn when dealing with DCAs is that:

 

1) They lie, all the time

2) Most of their threats are just hot air to try and get you to pay.

 

If they had everything in order then they would have taken you to court already. The fact that they haven't is quite informative in itself. Have you ever had a notice of assignment from anyone?

[Hardupnotfedup]

Auma Do you realise that you had unemployment insurance, you should be taking notice of the advice here and read all the posts, this PPi could be your way to clearing this debt

[gezwee]

Hi Akuma

 

Good advice from H&P and Hardup

 

Some essential reading here........

 

PPI - rules before 2005 - How to tell if you?ve been mis-sold PPI - Your money - Which? Advice

 

Try to have a good read of this and other threads in the PPI forum so you have a good understanding of your claim against the OC (original creditor).

 

CQ can wait in the wings until you resolve this issue. General rule of thumb with a DCA is to ignore until they come up with something new - probably won't be until after the first 10 template threats

 

Gez

[akuma]

I have never had notice of assignment from any of the Credit agencies as far as I can see. I usually place all documents inside a folder and no its not in it.

[gezwee]

I have never had notice of assignment from any of the Credit agencies as far as I can see. I usually place all documents inside a folder and no its not in it.

 

Would imagine they are as rare as hens teeth

 

Usually equitable assignment (duties but no rights) to begin with followed by a hastily drawn up deed 48 hours prior to litigation.

 

To be honest, not something to get too hung up on at the moment.The SAR should bring this to the fore.

 

The quickest resolve is by reclaiming your PPI from the OC.

 

Post a new thread here......

 

Payment Protection Insurance (PPI) - The Consumer Forums

 

Repeat the info you've already given regarding the insurance and the knowledgable folk who have had success will give you all the pointers you need.

 

Never actually seen a failed claim on here yet so there should be plenty of feedback on your post.

 

I use this format for SAR now and it seems pretty concise:

 

 

 

 

 

 

 

 

 

Data Protection Act 1998

 

 

Subject Access Request

 

 

 

Date.............

Dear Sir/Madam

 

Account number .........................

 

 

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:

 

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

 

3. True copies of any notice of assignment and default notices or enforcement notice that you have sent me, with a copy of any proof of postage that you hold.

 

 

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). Total rebate value issued at termination (if any).

 

 

5. Details of any collection and/or default charges added to the account; specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

 

 

6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

 

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

9. Copies of statements for the entire duration of the credit agreement.

 

 

10.Termination notice.

 

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec).

 

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technial Guidance update (Dated August 2007).

 

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully,

[Huff&Puff]

If you haven't had a NoA, you can write to Capquest, if you feel you must write to them, and say that you don't accept that they have any right to collect this alleged debt. They will no doubt forge one, which can be another line of defence that you can use in the future. And should keep them off your back while they deal with that request.

[akuma]

Thanks Huff&Puff and all.

IS there a letter template that I can write to CapQuest with?

cheers

[gezwee]

Thanks Huff&Puff and all.

IS there a letter template that I can write to CapQuest with?

cheers

 

Akuma

 

Not sure there is a template or indeed any obligation for them to send one, the onus is on the assignor to issue hence the SAR to the original creditor. The only time you could enforce disclosure would be under CPR provision but it could be a costly excercise.

 

You can ask by all means by referring to the law of property act but you'll be highly unlikely to get a response of any kind.

 

I'd concentrate on the PPI and clear the debt that way

 

Gez

[Huff&Puff]

I agree with that really. The only reason I suggested writing was that Akuma was worried that they might start legal action. At least writing keeps the dispute rolling for a bit longer, and also give CrapQuest an opportunity to give themselves more rope with which to hang them.

 

Akuma, only write to them if you feel that you must, the SAR is the important thing. But all you have to say is something like "I did not receive a Notice of Assignment, and I do not recognise your right to attempt to collect this alleged debt". Make sure you put "I do not acknowledge any alleged debt to your company, or any company that you claim to represent" on all correspondence.

[gezwee]

Hi Huff & Puff

 

To be honest I've used the following with a couple of DCA's thats pretty much a put up or shut up.....

 

I am bemused by your claims of indebtedness as I have no record of a lawfully terminated agreement with said OC........but to assist with your investigations I will oblige by corresponding with the alleged OC in order to effect disclosure of all information by way of Subject Access Request.

 

You'll not get a response but it serves as a paper chain should it ever lead to litigation.

 

Gez

[Huff&Puff]

That's a good letter Better than my effort, and it should keep them tied up in knots for a while. Trying to work out what "indebtedness" means, if nothing else

[gezwee]

lol... grammar school education innit, when 2 syllables suffice use 4