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    • Name of the Claimant ? it’s a private name and address   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.issue date=  no date shown .theres a sticker saying the case number over the box.   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. A claim for monies due= on the 11 April 2016 the claimants entered  in to agreement with the first and second to loan the first defendant the sum of £6300 on the terms set out in the agreement dated 11 April 2016. b The first defendant was to repay the claimant the full amount of £63000 within the 6 months from the date of agreement. The first defendant would make £2000 to the claimant on each 1st day of the month. C in the event of the 1st defendant failer to repay the loan or the monthly payment the defendant was to transfer the 30% ownership of the 2 businesses. 2  the second defendant agreed to be the guarantor to the first defendant with the agreement dated above and in the event of any default of the repayment  by the first defendant and the value of of the eforementioned business was not sufficient to cover the amount borrowed or any outstanding monthly payment agreed the repayment amount loan. 3   third defendant agreed to pay the £63000 to the claimant together with the monthly payment of £2000 on behalf of the first and second. [This is me as I never signed or said I will pay more then the amount borrowed].   What is the total value of the claim? £46600.00 plus court fees of £2330 +solicitors £100   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? not sure   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no   Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?   No was a private loan   When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ?  not really   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? no   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. yes further the claimants has said in his statement that £68000 payment has been paid.[ £45 by me and £23000 by my son.] thanks for all the help so far. do i need to send anything at the moment.
    • Yeah, this is a company leased vehicle.. The notice to hirer is addressed to my company.    I am waiting to get this returned in my name. Is there any other documentation i should be expecting?   Thanks.
    • Something like that yes, when you do get a LBA, one of ericsbrothers snotty letters is in order letting them know that you know they have no lawful reason to claim even a can of maggots for a non parking incident.
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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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