Jump to content


  • Tweets

  • Posts

    • Update. The ASB team have categorically said they want to send a letter to the idiot saying... you are upsetting your neighbor, please come in to talk about this, we need to tell you we have no power to do anything about this though... WTAF?   They also said my only option to stop idiot parking and obstructing our kerb is to park our other car outside idiots property 🤔 because the car is now not obstructing enough to get a ticket and not breaking any law! Even though it's obviously being done to cause annoyance.   Just seems beyond belief!
    • Ok, quick update on this.  Mediation didn't happen - mainly because I missed the deadline for agreeing to the date - I didn't realise the deadline was quite so tight - and I had been away for the weekend and not reading my emails - anyway - although it was bad to not formally respond, it didn't really make too much difference because due to the lack of viable evidence provided by the claimant, mediation would have been pointless.   So I've been waiting to head what court date has been allocated to my case. However, instead I received a "General Directions or Order" letter.    Sorry - I meant to bring it in (to where I'm writing this).....but basically the gist of it was that the claimant had 14 days to respond providing evidence e.g. signed credit agreement etc. - and then I had 14 days after that to respond stating whether I accepted that evidence and whether I wanted to withdraw defence.    The letter was sent around the beginning of the month - therefore their 14 days are more or less up - I haven't heard anything - albeit, I need to factor in postage times - but surely this means my 14 days are not really 14 days....but more a case of the time left before the end of October and when or if I get anything from the court of the claimant with their evidence.   My question really is:    Is it a stupid question - but I cannot really do anything until I receive anything - at the moment, the court won't know what they've sent me (in response to my CCA request) - i.e. the poorly presented application form - meaningless statements - no clear signed credit agreement etc. - so this step is basically the court asking whether there is enough evidence in order to allocate a court date?   I'm assuming I should get a copy of whatever the claimant provides to the court?   Many thanks  
    • hello again, do you think this witness statement better suits my needs witness 2.pdf
    • Hi all   Does this link indicate whether or not Woodside Park station is under the TFL Byelaws or not, as I'm a bit confused?!   https://tfl.gov.uk/corporate/transparency/freedom-of-information/foi-request-detail?referenceId=FOI-2209-1819   Rgds. Andy
    • I am hoping someone can offer me some advice concerning an issue with my former landlord, please. In short, I took possession of a property he was letting out just over ten years ago. Having viewed and been offered the letting, I accepted and paid the deposit plus the first month’s rent and moved in. Meanwhile, the landlord had gone on holiday and it was not until a week or so after I had moved in that I saw him again when he came around to see if we had settled in OK. I told him all was fine and took the opportunity to ask him where the parking space was located as there is only “pay per hour” on street parking outside and a commercial car park approaching half a mile away. He said there was no parking included with the accommodation. Yet the lease which we had each signed clearly stated that the property included the use of a parking space. He told me that this was an error on his part and that there was no parking space included with the property. Having already vacated my previous letting and paid the deposit and the rental advance and moved all my effects into the new letting – in addition to not wanting a major fallout with my new landlord (I also had a wife and three children to consider), I erred on the side of caution and did not press the matter.   However, the kids have all grown and flown and we have been obliged to downsize to a one bedroom apartment (with parking, happily). This was nearly three months ago and I have only yesteray received contact from my former landlord’s lawyer stating I still owe him (the landlord) money. I am waiting to learn the grounds for his claim and have requested a full breakdown of that alleged indebtedness from his lawyer but, having been very good tenants who always paid the rent on time and not only took great care of the old property but also did a lot of unpaid work improving it over the course of our ten year residence, I am quite annoyed to be treated so meanly. Regardless of whether or not it transpires that I do, unwittingly, owe this man money I am wondering whether or not I might have a counter claim against him for the false representation of his lease and perhaps even be compensated for the ten years I spent paying for on street parking as well as putting up with the daily (often hourly) inconvenience of that.   If someone could advise me, I would be very grateful.   Thank you.  
  • Our picks

Duracy

Resolvecall for capquest - old EGG card debt

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3070 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

Thanks for that Pinky, do I write a letter saying it is unenforceable to cq?

 

Trina

Share this post


Link to post
Share on other sites

Send the letter in Post 4 of that thread - Steven's letter - to Resolvecall as they were the ones who last contacted you and are (for now) CQ's agents. They will probably pass the account back to CQ and when CQ contact you again you can send them a copy of the letter.

Edited by Pinky69

Share this post


Link to post
Share on other sites

Ok now I'm confused! Resolvecall sent me a letter saying they will be sending someone to my house to hand deliver a sd on behalf of cq, not that they have taken over the account. Cq where the ones who sent me the cca so the unenforceable letter should go to cq?

 

Trina :)

Share this post


Link to post
Share on other sites

To both to avoid confusion :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Share this post


Link to post
Share on other sites

I agree with Babybear. It will make them both aware of where they stand, especially in the light of an SD threat.

Share this post


Link to post
Share on other sites

Dear cq

 

Thank you for you letter dated 14april 2010, unfortunately egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3)

Therefore I reguard as this account being in dispute.

 

Is this ok or do I need to add/delete anything or is there a template I could use?

 

Trina

Share this post


Link to post
Share on other sites

Great, thanks Pinky. Shall get it posted recorded either later this afternoon or tomorrow morning. Shall update once I hear something.

 

Trina :)

Share this post


Link to post
Share on other sites

I loathe Cap Quest. They are evil. Whenever one of my DD payments bounces they send a defalt notice and demand full payment. They then use it as an excuse to increase the monthlies I have to pay. My debt was with Egg too. I still get Egg statements despite CQ's involvement, which is confusing.

 

It is reassuring to read that there are others out there who are sharing my suffering. When I can I am definitely going to donate to CAG.


Mozzone

_______________

Taking on the bloodsuckers

Share this post


Link to post
Share on other sites

Posted the unenforceable letter(s) off yesterday recorded so lets see what delights they come back with!

 

Mozz - Have replied via your thread :)

 

Will keep you all updated on this. Thanks so much for the support again all. I am starting to feel stronger against these bullies

 

Trina

Share this post


Link to post
Share on other sites

Yes, they ARE bullies and at some future point their activities will become illegal. In my opinion someone should do something about CrapQuest under the Human Rights legislation!


Mozzone

_______________

Taking on the bloodsuckers

Share this post


Link to post
Share on other sites

Hi all, so far I have heard nothing since the letters where sent off and recieved. This morning I recieved a letter in the post. The amount they are asking for now is 2000 more than what the original debt was for the cheek! Any ideas on where to go from here or should I sit tight and wait for them to come back with something? No idea why it has taken them so long to get back to me http://i370.photobucket.com/albums/oo150/jojo1147/cq.jpg

 

Trina

Share this post


Link to post
Share on other sites

Are you paying them at the moment? Could it be interest?


Mozzone

_______________

Taking on the bloodsuckers

Share this post


Link to post
Share on other sites

Nope, paying them sweet FA! I gues it would be interest but I just thought, what a cheek!

 

Trina

Share this post


Link to post
Share on other sites

Hmmm....I have a C rapQuest dispute on too (Egg). Keep us posted.


Mozzone

_______________

Taking on the bloodsuckers

Share this post


Link to post
Share on other sites

That's soooo similar to my case. Interesting.

 

I would have thought it completely irrelevant that you / we have had X many years to dispute the account. The fact is we are disputing it NOW and either there was a valid CCA or there wasn't.

 

For starters I would go back to them and say just that.


Mozzone

_______________

Taking on the bloodsuckers

Share this post


Link to post
Share on other sites

Oh, and its irrelevant that we were sent a CCA at the time. The ToB to be compliant, I believe, should be referred to in, and attached to, the CCA?


Mozzone

_______________

Taking on the bloodsuckers

Share this post


Link to post
Share on other sites

Hmm I did'nt get anything else with my cca request. All I got was the agreement which I have posted. I really wish I could find my orginal docs, I feel I threw them out a long while back which annoys me to a point. Did you get the same letter Mozz?

Share this post


Link to post
Share on other sites

That letter is rubbish and can be ignored. What you received or didn't receive when you opened the account has no relevance to your CCA request whatsoever.

Share this post


Link to post
Share on other sites

No but I feel its on the way. CapQuest have been adminsitering my Egg Loan since 2006 and Egg must use the same argument. I gather because yours account is so old they probably haven't got a good CCA and I think their letter is trying to fob you off and hope you go away. Since when has it been a defence to say that you have impliedly agreed to accept a defective CCA simply because you have been paying like a good 'un all these years? Tell them to go take a jump. Say you still dispute the account, that the ToB should be with the CCA (which it wasn't), that they have no argument that you have impliedly accepted the agreement as you are disputing it now) and that you are minded to go to the OFT with a complaint.

 

Hopefully someone in the know will start posting here and help us both out soon! Fingers crossed. But I do think its worthwhile you enetering intoan exchange of tit for ta letters and keeping things in dispute as it should slow things down.

 

Just out of curisity, are you in a position to make them any sort of f&f offer?


Mozzone

_______________

Taking on the bloodsuckers

Share this post


Link to post
Share on other sites

CapQuest have sent their second letter to me now flatly REFUSING to send my CCA request onto Egg. Yhey have returned my letter and my postal order again (twice now).

 

They also returned the letter in which I denied any commitment to pay them.

 

Its quite disgusting, but where now? Who do I complain to if they are, indeed, obliged to pass on this request? All they've said is "our client has requested you send your CCA request direct to them." Any ideas? The OFT or something?


Mozzone

_______________

Taking on the bloodsuckers

Share this post


Link to post
Share on other sites

They're wrong. Tell them so. In writing of course :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Share this post


Link to post
Share on other sites

Babybear, I have. I wrote the following last week (in my second letter)

 

"Your letter of X June refers. You are obliged to pass on my request for a true copy of the original agreement to your client, Egg Banking plc. Your obligation arises under s175 and s189 of the Consumer Credit Act 1974.

 

"I therefore ask that you pass on this request to Egg and I return speficially for this purpose:

 

"1. My letter dated X June [the first letter I sent them]

"2. My postal order in the sum of £1.00"

 

They replied today saying that their client Egg had requested that I write direct to them for the CCA. Nothing else said. Both my original letters returned with that response + postal order.

 

They may be wrong Bear, but I need to know what I can do about it, as they clearly don't give a damn about being wrong.


Mozzone

_______________

Taking on the bloodsuckers

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...