Urgent help wanted. Capquest

[debt4get]

just because they are over the prescribed period does not make it unenforceable..only a court can decide if it is unenforceable...if you believe it to be unenforceable because the document does not contain the prescribed terms then you are within your rights to point this out..however, this may not stop them trying to enforce it in court...we hope on here by pointing out the errors to them that they will think twice before taking it near a court

[Tony1177]

What do you think of the errors? They are quite serious errors don't you agree?

[debt4get]

I first wrote to xxxxxx XX XXXXX 20xx, asking for a true copy of my executed agreement, in accordance with Section 78 of the Consumer Credit Act 1974 (CCA).

 

I received a copy of an “agreement” XX XXXXXX 20xx, I wrote back to xxxxxxx, that the

document supplied was unenforceable under the CCA, I will again reiterate why the agreement is unenforceable:

 

 

· The document you sent me is obviously a pre contractual document, no agreement can be sent to be credit scored as per is written on this document, after my application was agreed, a further agreement should have been sent to me for my signature.

 

 

· The document you claim to be my executed agreement, is unenforceable under Section 61 of the CCA, as it contains no prescribed terms.

 

So as it stands, DCA/OC would require a Court order to enforce this debt under Section 65 (1). Unfortunately Section 127 (3) states

 

The court shall not make an enforcement order under section 65(1) if section

61(1)(a) (signing of agreements) was not complied with unless a document (whether

or not in the prescribed form and complying with regulations under section 60(1))

itself containing all the prescribed terms of the agreement was signed by the debtor or

hirer (whether or not in the prescribed manner

 

 

So as you can see, the Court would not be able to enforce this agreement.

 

In XXXXXXXX of 20xx, DCA issued a Default Notice against my Credit File. While my account was in dispute since XXXX XXX, DCA/OC are unable to enforce my debt, I class issuing a Default as a way of trying to enforce the alleged debt.

 

I am now looking to bring this matter to a close, it is obvious, my “agreement” is totally unenforceable even by a Court Judge, so I require within the next 14 days:

 

 

· Written confirmation, my account balance is zero and notice of my account closure.

 

 

· Written confirmation that all history including defaults are removed from all Credit Reference agencies.

 

I encourage XXXXX to close my account and remove any history of this account from the Credit Reference Agencies, to save further costs and the high possibility of paying me compensation under S13 of the Data Protection Act.

 

I look forward to your reply.

 

Yours Faithfully

 

 

 

 

you can try this one if you like...cut and paste as required

[Tony1177]

So thats a document to send them when i get a response to mine. I have noticed that they are adding £50 a go to the alledged debt everytime they write to me.