Egg - its no yoke

[Mozz1]

On or around 2003/04 I had an Egg card. I couldn't keep up the repayments and they defaulted me in 2005. CapQuest became involved as the DCA. I have been paying CapQuest ever since.

 

This month I missed by payment due to hardship. I did not receive any threatening letters from CapQuest. The first letter I received was a Letter before action from them. In short, they are going to sue me for the full £6K balance.

 

Today, I have sent an UNSIGNED CCA to CapQuest with a £1 postal order. I have also, today, sent EGG a SIGNED Subject access request, with a £10 postal order. Both letters sent by registered post.

 

I have also, today, sent another letter to CapQuest telling them that I have now paid the missing payment for this month (I was 10 days' late) and that I hadn't received their earlier threateners. They must have fired them off asap and within a day or two of each other (!). I have said in that letter that I will continue my monthly repayments until they respond to the CCA referered to in the separate letter, in which I stated that my account is in dispute.

 

I would dearly ove to be able to pay them off but I can't afford to and, in truth, my present monthly repayments are too high anyway, albeit that I prefer to pay them to keep this **** off my back.

 

That's the story so far. I haven't got the original ToB or CCA agreement anymore, long gone. I also don't know if CapQuest own the debt now or if Egg still do.

[letsdothis]

I also don't know if CapQuest own the debt now or if Egg still do.

 

The CCA request would determine this for you hopefully. If CQ own it they should provide you with a NOA

 

Good luck, I posted the templates on my thread for you.

[Mozz1]

Yes, thanks for these. The dispute letter is absolutely brilliant and I am looking forward to possibly sending this to them!

 

Another reputation point would be added out of sheer gratitude to you but the rules forbid it!

 

May I keep you updated on this thread?

[letsdothis]

No worries at all mate, we are both in a similar situation.

 

Thanks for the rep point whatever that is.

 

I will reward you the same.

 

Just remember you cannot send the dispute one, until they miss the 12 day deadline. (after they receive it)

[Mozz1]

I did say I was disputing the account in the CCA letter (even headed it up Account In Dispute) but in all truth I think that will be irrelevant to the CCA request and I can send your excellent second dispute letter after 12 days. I have also emailed CapQuest a copy of my registered post letter.

 

Reference your own situation, surely there has to be a procedure whereby you can force the hand of the DCA to put up or shut up? Surely it can't drag on forever? Or at least 6 years...

[letsdothis]

Reference your own situation, surely there has to be a procedure whereby you can force the hand of the DCA to put up or shut up? Surely it can't drag on forever? Or at least 6 years...

 

With an unenforceable agreement, and you then putting the account in dispute, they should never bother you again. There would be no official closure until such point, they agree to discontinue, or the 6 years has passed.

 

Either way they will trash your files.

 

Do you have any unfair charges / late payment charges etc?

 

If so then claim them back, this will also reduce your total debt to them. To reclaim them back you would have to go to Egg and not CQ though. If you need help on that I can help you with that as well.

[Mozz1]

I sent Egg an SAR today. £10 post order with it.

[letsdothis]

I sent Egg an SAR today. £10 post order with it.

 

 

That should show you any charges that they have charged once you get it back.

 

Then reclaim them. They would probably pay it to CQ though, if there are any charges that are reclaimed. But... Your balance owed would become lower.

[Mozz1]

That's bloomin' useful info mate. I'll let you know what the SAR comes back with and then ask how I go about claiming it back. I can add it to the F&F. From the sounds of it, a F&F can be in the hundreds not thousands...

[letsdothis]

That's bloomin' useful info mate. I'll let you know what the SAR comes back with and then ask how I go about claiming it back. I can add it to the F&F. From the sounds of it, a F&F can be in the hundreds not thousands...

 

Have a read of this for some inspiration re charges.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/259192-aquacard-cave.html

[barrowby]

Hope it's ok to Sub!....Great thread

[Mozz1]

deleted

Edited June 24, 2010 by Mozz1
Irrelevant Post

[Mozz1]

deleted

Edited June 24, 2010 by Mozz1
Superceded by next post

[Mozz1]

Hi guys. I hope you're still around for comment.

 

CapQuest wrote 2 letters to me today. The first returning my £1 and stating that I must write to EGG for a copy of the original agreement.

 

The second letter cheekily said "This correspondence is our acknowledgment on the commitment you have made to this firm [CapQuest] to repay your account." This because I said I would keep up repayments until the account goes into dispute.

 

They then offer to accept 75% of the loan "with a special flag of partial settlement" on my credit file if I settle with them. This letter also threatens with legal action if I don't keep up my regular repayments.

 

So, presumably I now send Messrs EGG a CCA (I have already sent EGG an SAR).

 

But, does CapQuest have the right to sue me for the money? There is no NOA and EGG appear to still own the loan (when I 'phoned up EGG last week they said the account was in default and wouldn't give me any information).

[letsdothis]

If there is no NOA then CQ would be acting on Egg's behalf.

 

Send the CCA to Egg, and also the SAR - CQ if acting on behalf of Egg, cannot enforce any action as you have a legitimate request for a CCA in then.

 

Once you get the SAR from Egg, then hit them for the charges. CP are just being arsey by the looks of it, and they should have passed your CCA request onto Egg, instead of sending it you back.

[Mozz1]

Dude, as ever I am grateful for your assistance. I'll fire off a suitable riposte to CrapQuest, good sir. Will keep you in the loop.

 

I will send a CCA to Egg as well, double whammy.

 

SAR already sent to Egg.

[Mozz1]

Can you let me know if you think this is a suitable response to send to CapQuest?

 

Your opinion valued!

 

 

CapQuest Debt Recovery Ltd

Fleet 27

Rye Close

FLEET

Hamps

GU51 2QQ Your Ref: XXXXXXX

BY RECORDED POST

Dear Sirs

Account No. XXXXXXXX

Further to your letters of XX June and XX June 2010 respectively.

Request for a True Copy of the Original Credit Agreement

Your letter of XX June 2010 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 s.175 and s.189 of the Consumer Credit Act 1974.

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

1. My letter dated XX June 2010; and

2. My postal order in the sum of £1.00 in respect of the statutory fee.

Disputed Account

Your letter of XX June refers. I deny any commitment on my part to repay the above account, either to your firm or to your client, Egg Banking Plc. My correspondence to you of XX June 2010 was clear in that regard. Repayments will continue voluntarily “until” the issue of the disputed account has been dealt with.

On this basis, on receipt of a true copy of the original credit agreement I will decide if the account should be disputed. If it goes into dispute I will cease all repayments, as I am entitled to do in law.

Legal Action

You are unable to commence action while my request for a true copy of the original credit agreement is being dealt with. Further, if the account goes into dispute you are unable to commence action.

It is clear from your correspondence of XX June 2010 that there is no Notice of Assignment to your firm. You are unable to enforce any action without ownership of the debt and Egg must issue proceedings.

Yours faithfully,

[Chalkitup]

Hello Mozz1,

 

I had some advice yesterday that might help a little .... see Post 134 here ...

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/150014-chalkitup-citi-1st-credit-3.html#post3000333

 

Re ask for copy of original "executed" agreement not original agreement.

 

Onwards and Upwards

 

Chalkitup

[Mozz1]

Chalkster, good to hear from you. That post is informative and to be adapted for future use. I posted my letter already but can revert back to Egg / CapQuest on the "executed true copy of the original" issue next phase.

 

It seems to me that you are at a distinct advantage to many of us in your having retained the original agreements. That shows great foresight and organisation; I, for one, did not.

 

The deeper I get into this whole issue the muddier and less clear cut it all seems; the upshot seems to be whether the drafting of either the original or a reconstructed agreement is legally binding and that is a question of law that is beyond my personal expertise.

 

I await a copy of my own CCA with baited breath but fear that I may not receive consistent or accurate advice on it; and having broken my repayments and triggered a CCJ application for 'owt.

 

Perhaps I shouldn't worry so much...!

[Chalkitup]

Hello Mozz1,

 

I try not to worry about all this but sometimes it does get me down. I really wish I was in a position to pay my cards off but alas circumstances have occurred that means I am at present on benefits and have no spare cash. The trouble is these DCA's and OC's will not understand this important point and keep sending letter after letter. (Most of their telephone calls I have managed to get stopped).

 

The really silly thing is they all know I was in a DMP with CCCS which has recently been stopped by CCCS after an income / expenditure annual check that showed I have no spare cash whatsoever left each month!! Plus they know I rent where I live!! I have no assets but they keep on and on writing to me demanding payment.

 

In a way I am a lucky one (if you can call it that) ....... they can not get anymore out of me by their devious, misleading and underhand tactics but I feel sorry for other Caggers who are running the "misinformed Judge" lottery when they go to court and have charging orders etc put on their properties in situations that are clearly wrong because there is no agreement or unenforceable etc etc.

 

Onwards and Upwards

 

Chalkitup

[Mozz1]

Hi. Hope you guys are still around.

 

CapQuest have sent their second letter now saying they are not responsible for sending my CCA request onto Egg and they have returned my letter and my postal order again (that's 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."

[Chalkitup]

Hello Mozz1,

 

Here you go ..... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/260964-dca-return-cca-payment.html

 

The link takes you to a thread dealing with RBS but same thing ..... CCA request and payment returned by DCA.

 

As Pinky69 says on that thread ...... They must provide you with a copy on request. It is for them to get the copy of the agreement from RBS .... CapQuest in your case ..... if they don't have one. The 12+2 days starts from when they received your first request then you can put the account in dispute. They will sell it in to another DCA and all you do then is send them the Account in Dispute letter too.

 

As you know (on my Egg thread) I sent DLC an in dispute letter after the 12+2 days was up and they have now said they will get the agreement from Egg. Complaint to OFT as well.

 

Onwards and Upwards

 

Chalkitup

[Mozz1]

Chalkster, that's brilliant, cheers mate! Owe ya one! 1 merit point for being a top cagger.

Edited July 2, 2010 by Mozz1

[Mozz1]

Complaint to OFT as well.

 

yo. how did you make the OFT complaint? I went on-line today and it looks like you have to complain to Consumer Direct instead. They only seem to deal with complaints by email. I wrote to both of them about the DCA's antics anyway. Also Trading Standards for Hampshire where the DCA are based. Ref the last mentioned, they too, seem to indicate on their website that everything needs to go thru Consumer Direct which seems to be regional. Which region? The one I live in or the one where the DCA is based? Makes sense for the former surely?

 

Anyways, I'll keep y'awl posted with what responses I get and also what happens when CrappyQuest don't get paid!

[exasperated]

Hi Mozz,

These EGG boys are pretty tough like the point on a shell, you will see capquest off no problem they do not fight a 'dodgy cca'. When you get your sar back that should contain what they interpret as the agreement. Just to let you know that wont be the end of it as I personally have seen off three DCA's and now have another on the case who is by far the worst.

However until PT's high court case is decided on the enforcement of EGG's own interpretation of a cca then I aint giving them a penny.

Prepare yourself and follow PT's thread which should steer you in the right direction