Cca request (Capquest and Bryan Carter)

[beds_male]

Hi,

 

Am after some advice. I am currently paying 2 companies (Capquest & B Carter) a set amount each month in relation to 2 credit cards.

 

After reading some posts on here requesting a CCA from dca's, would it still be possible to request them even though i am already paying them each month? If so, would it be wise to cancel my direct debits with them until they can produce the true copy of the agreement.

 

Thanks in advance.

 

Mark

[postggj]

yes send a cca to both

if after 14 days you have no agreement, and i mean a true copy, not a reconstructed one

 

you can with hold payments

 

ill dig out the relevent letter

 

back in a mo

[postggj]

You’re Address

 

Date

 

Dear Sir/Madam

 

Re: − Account/Reference Number 4563210025897412

 

this letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of S.77 (6) will apply.

If it is your view that you are not the creditor, S.175 of the CCA 1974 applies in this case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are the creditor as defined by S.189. If you contend that you have purchased the rights but not the duties of any agreement, you are reminded that S.189 of the act is clear that an assignment is of both rights and duties.

Your attention is drawn to SS.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

 

send recorded delivery

[beds_male]

Thanks postggj.

 

Will send the letter tomorrow.

[beds_male]

If they cant produce the true signed copy, am i able to claim back the money i have already paied out to them through direct debits?

[babybear39]

Unfortunately not. Stop paying by DD as some DCAs and OCs have been known to help themselves to money in your account without your permission. Never pay by card either. If you do pay then use SO.

[postggj]

You Said Carter Is Dealing With One Of These Debts

 

Just Confirm You Have No Ccj On These Accounts

[beds_male]

No CCJ's on any account

[postggj]

Thats Fine

 

Just Send As Normal

 

Our Friend Mr Carter Is A Solicitor Who Works For **** Bag Dca

[babybear39]

He's very well known on here for spliting claims to cover his costs. Posters having this problem should inform the OC, TS and the OFT.

[beds_male]

With CapQuest, i have found a statutory demand letter from a Johanna O'Keefe. Does this in anyway stop me from sending the CCA letter?

[postggj]

When Did You Get That Sd

[beds_male]

Its not dated, but i think it must be around the time i set up a direct debit with them, so around July 2008.

[babybear39]

It doesn't stop you requesting your CCA but we need to know the details of the SD ASAP as you only have 18 days in which to apply for a set aside!

[babybear39]

Its not dated, but i think it must be around the time i set up a direct debit with them, so around July 2008.

 

That's ok then as they expire in 4 months from the date you recieve so they would have to re issue one to start it all again. PLEASE PLEASE let us know if you receive another SD!

 

Cancel the DD and use SO as some DCAs are known to take what they want on a DD

[postggj]

July 2008

 

What A Joke

[postggj]

Dca Using Sd For Debt Collection When They Have No Intention Of Using Them

 

Stinks

[babybear39]

You should have applied to have the last SD set aside as many on here have won and had costs awarded for frivilous use of the Insolvency Service as a debt collection tool. DJs are getting fed up with this and some DCAs are under sanctions from the OFT regarding this. Report them for this abuse to TS and the OFT.

[beds_male]

If only i had know about this forum last year. Thanks for the help guys.

[spidey41]

a warning about bryan carter , i was paying monthly to him by direct debit , he put up my monthly payments without telling me which caused me to go overdrawn and incur bank charges , be very wary of this prat

[Craftygirl42]

Always insist on paying by Standing Order and dont set up a Direct Debit or payment via your debit card. If it was a Standing Order then only you can change the amount.

[babybear39]

NEVER EVER pay a DCA or OC with a card or via DD as they can help themselves to your cash whenever they feel like it!

[postggj]

was it carter you thought you were paying or fredricksons