GnK08 v Capquest/halifax 2nd acc

[Gaznkaz08]

This account is identical to the account in this thread,

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/243258-gnk08-capquest-halifax.html

but in spouse's name,

capquest have tackled this one totally differently compared to the other one, so i have started it's own thread

 

brief history

 

CCA request early nov 09 , no response

notice of dispute early Dec 09, replied with signed app form and 2 sets t&c's

failure to comply letter, mid dec,

 

this is the form they sent, (photo copied with corner missing)

 

 

 

 

now we have heard nothing since we sent they failure to comply letter( application form sent not an agreement etc)

 

we received this letter today, with the same 2 sets of t&c's, app form copy and statements of acc

 

 

 

 

**edit**

 

they show in the acc statements they've sent, due to us stopping payments in dec they've just added over £300 interest in one hit:evil:

 

now i'm gonna go at them with the same angle of attack as on my account, breaches of various OFT guidleines, application form not an executed agreement, what i would like to add into the reply is something re the test cases that they keep spouting on about.

 

I am in no way up to speed with all the in's and outs but as far as i'm aware those test cases were debtors acting as claimants so therefore, the burden of proof was not on the creditor proving the debts were enforceable, so is this not really applicable to our situation with this account, or is it?

Edited February 3, 2010 by Gaznkaz08

[nick20045]

First of all (I have not read the CapQuest letter yet) who did you send the CCA application to? Edit: Found the answer in the letter.

 

Also did the bank ever send a DN?

 

And how long have CapQuest been involved? Edit: Found the answer in the letter.

Edited January 26, 2010 by nick20045

[nick20045]

Not so easy to crack as you may think. Sorry to say but you have done some damage yourself.

 

e.g. You have been paying them since 2006. They are correct. On the law of probabilities if it was to go to Court they will win. Also, although the McGuffick case was a crap case in the first instance, they are correct. IF a bank/DCA cannot send a copy the debt stays but is just unenforceable. As to the CRA I would argue that one on the basis of what was in the agreement. i.e. Did the agreement say "They can assign their rights to third parties"? OR did the agreement say something like "We will use your data for marking purposes" and that is it.

 

I would first of all send then an Subject Access Request. They in turn will have to send it to Halifax and that should buy some time.

[nick20045]

I think I have found the problem and have to do a bit more reading but it looks positive. ;) Totally different route to the other one.

 

Check pm as do not want to say in public due to possible reading by the DCA.

[Gaznkaz08]

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Edited January 27, 2010 by Gaznkaz08

[nick20045]

.................

Edited January 27, 2010 by nick20045

[Gaznkaz08]

..........

Edited January 27, 2010 by Gaznkaz08

[nicoalfredo]

send them a letter asking 4 a copy of D back of D application form. should B interesting.

[Gaznkaz08]

send them a letter asking 4 a copy of D back of D application form. should B interesting.

 

 

the odd thing is the fist copy of the app form we received had the actual corner missing,then the copy above is a full page with the missing corner photocopied onto it

 

so if they only now have copies of my copy(with the missing corner) than does that mean they have only got a copy of the copy of the form they are classing as an agreement, Have i read microfiches are not allowed as they are copies of copies?? not a true copy of an agreement

 

See where i going, or yet again am i barking up the wrong tree for a change??

[Gaznkaz08]

sent a SAR ref this (wifes) account beginning of feb, the idiots have sent ME all the SAR info ref MY account, so will be resending the SAR with a covering letter pointing out their error, clowns