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    • Ok looks like we are going to court. Ive recieved a "Directions Questionnaire" (Small Claims Track).   Obviously self explanatory to fill out but I assume I dont agree to mediation? Will this be frowned upon? Obviously I have no intention of giving them a penny so unless mediation results in them witdrawing their claim I presume I tick no here?
    • Notice of Allocation to smalls claim track ( hearing )     the final hearing is 16th December   the trial fees are non refundable , does not give a date for fees , it says if parties settle before the trial fee id due then the trial fee will not be payable , if a consent order settling the matter is requested after the trial fee has been paid then the consent order fee will be payable .      
    • OK, so Idem has sent back the quickest response in history following the CCA letter from my OH. An envelope arrived today.   They've sent another copy of the original and signed, application form  from 2000 - most  of which is illegible however, husband's name, address and signature is clear - the small writing is very blurry.  They've also sent numerous A4 pages of what they say is the agreement (it's photocopies of what look likes old pages). There's no signature on it. It's just pages of A4.    Does this help us at all??   Also, am I right in thinking that day claim arrived (4th Sept) + 33 days = Monday 7th October, which is when the defence needs to be in by?   Thanks as always.
    • Hello all,    I have received a letter from Advantis in regards to an overpayment of carers allowance I received when I got a job whilst I was caring for my mother. I did not know I had to inform them etc.    Long story short, I had a compliance phonecall with carers and nothing more was said.    I stopped caring for my mum shortly after and cancelled my carers allowance too.    I was employed for 4 months at the beginning of 2018.    Apparently the DWP and carers have sent letters but I haven't responded so they've gone through Advantis to recover the amount owed. I moved house shortly after cancelling everything and had no contact from them at all.    They sent letters to my previous address so they told me that's why it's been passed onto Advantis.    Today DWP told me that the only thing they can do is take payment in full, or deal with Advantis to come up with a payment plan.    I spoke to Advantis who asked me to pay in full or in two installments, I refused and they then said they've put my account on hold for 30 days whilst I go away and work out my monthly income etc so they can go through an affordability assessment to work out how much I can pay back and how often.      What shall I do? DWP tell me there's nothing they can do as it's been passed onto Advantis.    Advantis tell me they are working on behalf of the DWP... Nobody will tell me who owns the debt.     What shall I do?    Thank you all in advance for your amazing help.     
    • Hi, I have just received a pcn from Euro Car Parks saying that my car was in one of their car parks for 13 mins without making a payment. The reason being is that my husband was waiting for me, but where he thought I would only be 5 mins I was longer because of health issues and I had to take a rest. As if this wasn't enough, unbelievably I have just received ANOTHER notice saying I had not paid for a ticket on the 9th of September. I would like to mention the car park charges are so cheap, at £1:20 all day, it would be insane not to pay. We have used this car park only around 4 times and have always paid, excepting th time the car was waiting for 13mins. What a shock I have got receiving these notices. I wonder if I accidentally keyed in my registration incorrectly? Please can someone advise.
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Duracy

Resolvecall for capquest - old EGG card debt

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

 

Trina

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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

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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 :)

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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 :)

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

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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

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

 

Trina :)

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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

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Taking on the bloodsuckers

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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

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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

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Taking on the bloodsuckers

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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

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


Mozzone

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Taking on the bloodsuckers

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

 

Trina

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


Mozzone

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Taking on the bloodsuckers

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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

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Taking on the bloodsuckers

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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

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Taking on the bloodsuckers

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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?

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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.

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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

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Taking on the bloodsuckers

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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

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Taking on the bloodsuckers

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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 :)

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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

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Taking on the bloodsuckers

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