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    • Minor developments: a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.  b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!! Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed? The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
    • lots of fixed sum penalty fees?    
    • I have received statments back to 2008 from them, Its a big file, with lots of the original papaerwork, a lot of this I have not seen for a long time and im sure this wasnt in the previous SAR.  There is some information that has been erased, it seems to be the Witness or agents/sales persons name!    
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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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