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    • The only way to verify whether there is any financial reward for the management is seeing the agreement. That would be required during disclosure IF court proceedings went ahead... Unless you could bring pressure to bear and get a copy?
    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Is This A Valid CCA? They Say Yes - I Say No


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Hi LTD,

 

The letters from HL Legal Sol'rs is probably a standard letter as Debt Star suggests. Their suggestion of court action may be serious, or may just be a standard idle threat.

 

In any event, I thought you were about to start proceedings against the bank for charges.

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And you can ignore the so-called solicitors, in my opinion.

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Hi LTD,

 

The letters from HL Legal Sol'rs is probably a standard letter as Debt Star suggests. Their suggestion of court action may be serious, or may just be a standard idle threat.

 

Hi Slick

 

Yes I realise it is probably a standard threat-o-gram, I just don't want to fall foul of anything that could jeopadise the way things go from here.

 

In any event, I thought you were about to start proceedings against the bank for charges.

 

Yes - As soon as the dealine passes from the LBA I am going to proceed that way.

 

I know I shouldn't have done, but I have spoken to CapQuest by phone and told them to stop pestering me, as the account is clearly in dispute. I shall again write to them tomorrow with a copy of the original dispute that I raised, just for the avoidance of any doubt and that they cannot say that I have not informed them of any dispute. The guy I spoke to has told me he will pass it back to admin to sort out the dispute, but they will have to wait until Hell freezes over, or Cap One repay what I am owed before I speak to them again.

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Hi TDS

 

The OC was Capital One, CapQuest have bought the debt off them, probably because of the age of the agreement. 2001

 

I CCA'ed CapQuest and they sent me the NOA, the front page of the agreement, which is at the beginning of this thread. But no T and C's

 

CapQuest then sent me the T and C's but these are obviously reprinted and not from the back of the agreement, as there are about 6 pages or so of them.

 

I put the account in dispute with CapQuest and they then wrote a long leter back saying that they do not believe it is in dispute, and then today I received a letter off HL Legal.

 

It does not mention anything about an admin charge.

 

 

 

I haven't actually reported CapQuest to anyone at the moment, and I have a LBA against Cap One sent last week asking for the £4.7k back that they owe me for unfair charges, late fees, and Contractual / Stat Interest. My balance of the Cap One account is said to be just less than £2000 according to CapQuest and Cap One. Therefore, I am owed more than I owe CapQuest.

 

The problem is (or that I can see) Cap One owe this to me, and any balance that I may owe to Cap One is technically owed to CapQuest as they bought the debt.

 

 

 

The agreement to me is unenforceable.

 

caponeagreement.gif

 

As it has none of the prescribed terms on it. As previously stated, they have sent a copy of the T and C's but these are on about 6 or 7 pages, and there is no way that they could have been within the 4 corners. I understand this was later addressed, but the date of the original agreement is 2001 so does not come into it afaik

 

The T and C's they have sent do not even correspond to the correct amount being charged for default charges, as in my statements from Cap One show £20 etc but the T and C's have a lower amount, and so could not be from the original agreement anyway.

 

Also the Agreement was sent initially, but with no T and C's and so if they were part of the original agreement, then surely they would have sent them all at the same time.

 

Not just that, its an application form not a credit agreement to my mind! That really is a shocker. Still, I would be minded to argue the toss in correspondence with HL if it was me 'cos you may just find they 'have a word' with CapQuest on the unenforceability of the document plus your counter claim.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Not just that, its an application form not a credit agreement to my mind! That really is a shocker. Still, I would be minded to argue the toss in correspondence with HL if it was me 'cos you may just find they 'have a word' with CapQuest on the unenforceability of the document plus your counter claim.

 

Thanks TDS

 

That's what's worrying me, on one hand I am claiming it is unenforceable, on the other I am asking Cap One for the fees they have charged me back. It seems a little not right if you get what I mean.

 

I am quite happy to pay CapQuest in full with the refund from Cap One, it's just do I let them know or do I hit them with it once they issue proceedings. A £4.7k counterclaim should blow any hope of them getting any money out of the water. Hopefully.

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I say take the initiative and issue proceedings asap.

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I say take the initiative and issue proceedings asap.

 

possibly...but teh problem with that is costs. if you lose, you pay their legal fees. but then, will you? I see the point you are making but, truth be told, both yuo and CrapOne are then saying the agreement is enforceable and you want the charges refunded. Yes, I think this is the way to go and that you probably should sue them. BUT write to the 'solicitors' making your case. You could, in the interim, agree a repayment plan with CrapQuest while you CrapOne case is being pursued?

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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possibly...but teh problem with that is costs. if you lose, you pay their legal fees. but then, will you? I see the point you are making but, truth be told, both yuo and CrapOne are then saying the agreement is enforceable and you want the charges refunded. Yes, I think this is the way to go and that you probably should sue them. BUT write to the 'solicitors' making your case. You could, in the interim, agree a repayment plan with CrapQuest while you CrapOne case is being pursued?

 

In Small Claims I don't think I would be liable to costs?

 

I offered Cap One to settle for approx £4k if they did within 10 days of the LBA but so far not a sausage from them.

 

I do know that Cap One would offset any arrears with CapQuest before I got any money from them, of which I am happy to do, thta was what I have offered them in the reduced without prejudice offer in the LBA I sent.

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then it will be small claims and no need to worry about heavy costs from the other side- keep it below £5000 and simple

 

Good, that was what I was thinking. I know the interest is going up daily, but I was going to use the original figures that I asked for in the LBA and not rework them to off set the chance of it going over the 5k mark.

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Re Death Star's post #133 above, as long as you are confident with the spreadsheet calculations for interest, there is very little chance of losing the court claim for repayment, whether the claim is under or over £5K.

 

I suspect negotiating on this with HL Sol'rs will be a waste of time as they're only interested in getting money FROM you.

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Re Death Star's post #133 above, as long as you are confident with the spreadsheet calculations for interest, there is very little chance of losing the court claim for repayment, whether the claim is under or over £5K.

 

I suspect negotiating on this with HL Sol'rs will be a waste of time as they're only interested in getting money FROM you.

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Received the standard, it is going to take us a while to respond to your query letter this morning. I hope they don't take too long. They have about 6 days left by my reckoning before the 14 days runs out that I gave them.

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Re Death Star's post #133 above, as long as you are confident with the spreadsheet calculations for interest, there is very little chance of losing the court claim for repayment, whether the claim is under or over £5K.

 

I suspect negotiating on this with HL Sol'rs will be a waste of time as they're only interested in getting money FROM you.

 

Hi Slick

 

I used the standard compound calculator, and worked it out at about 22% as that is the rate shown on my screenshots from Cap One from the SAR.

 

All worked out on a spreadsheet and then the 8% added by that.

 

The only potential issue is the over 6 year rule thingy but I had countered that in my LBA using the words that you mentioned.

 

I agree re the solicitors.

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It looks like Cap One are not playing ball. The 14 days is up on Thursday, so I shall start the ball rolling re the POC's for my N1

 

Any pointers on how best to present them?

 

Also just to throw a spanner in the works for CapQuest and HL Legal I have sent them a couple of letters.

 

1) I requested under CPR everything that HL would rely on etc if they were to proceed to court

2) I sent CapQuest the 'in serious dispute letter', telling them to bog off until such time that they provide me with an agreement and not an application form, along with the prescribed terms etc

 

Let's see how they resond to that.

 

I hope that CapQuest used HL Legal for a template generic threatening letter, you know the ones for about 75p in bulk. Hopefully now HL Legal have to do some work, and will bill CapQuest accordingly.

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Hi LDT,

 

I think asking for info from HL Legal at this stage is a waste of your time. They have no obligation to supply it until they actually start proceedings.

 

Get to work on the POC's. This is from the Cap One forum Stickies - http://www.consumeractiongroup.co.uk/forum/showthread.php?117741-New-Cap-1-Poc

 

:)

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In Small Claims I don't think I would be liable to costs?

 

I offered Cap One to settle for approx £4k if they did within 10 days of the LBA but so far not a sausage from them.

 

I do know that Cap One would offset any arrears with CapQuest before I got any money from them, of which I am happy to do, thta was what I have offered them in the reduced without prejudice offer in the LBA I sent.

 

 

without prejudice i hope!

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I have a similar issue and the copy of the NOA interests me greatly. I have received a NOA that was supposedly from CITI. It is EXACTLY the same as yours and came in an envelope that has CapQuests POBOX on the reverse so i know it didnt come from CITI.

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Can anybody help me?

 

I have fallen on hard times and now im unable to pay the full amount on my monthly load to CITI Financial. I have been sending them letter after letter since March asking if they could freeze the

interest
link3.gif
and accept a lower payment (just under 50% of the agreed monthly amount) until my finances recover but they have never bothered to reply. I have however had letters telling me I have had charges added to my account due to non payment.

 

Then today I have received a text message and a letter from CAPQUEST saying that CITI have sold my debt to them. Interestingly I also received a letter supposedly from CITI stating they have sold the debt to CAPQUEST. Both are dated the 24th August and arrived today on the 26th.

 

Upon reading a few posts on here I looked closer at the 2 letters and it’s now crystal clear that the letter from CITI isn’t actually real at all. The idiots at CAPQUEST have clearly just typed up the letter on a cheap piece of plain A4 paper and printed the CITI logo on the top left. I have compared this to previous correspondence from CITI and they are nothing alike.

 

I then looked at the envelope the 2 letters arrived in and as expected, CAPQUESTS envelope stated it was from their office in Fleet. However the envelope used for the “CITI” letter had a different PO Box printed on the back. Further investigation has now shown me that this PO Box belongs to CAPQUEST in Bristol so its impossible for this letter to have been sent from CITI. ********My "NOA" is in fact exactly the same as this one from Cap One. Only the logo is different********

 

I have contacted CITI to complain that they have not written back to acknowledge my request to make a lower payment and to ask if they have any record of sending me any letter stating they were selling my debt on. They have confirmed that they have not sent any letter and I am now going to send them a copy of their own letter.

 

Im thinking they should have either acknowledged my request and also wrote to inform me they are selling on my debt but as of today, I have received neither.

 

Surely this is fraud committed by CAPQUEST but I don’t know what to do next.

 

HELP PLEASE

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