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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Egg - its no yoke


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On or around 2003/04 I had an Egglink3.gif 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.

Mozzone

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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?

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Mozzone

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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...

Mozzone

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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...

Mozzone

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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).

Mozzone

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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.

Mozzone

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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,

Mozzone

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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...!

Mozzone

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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."

Mozzone

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

Edited by Mozz1

Mozzone

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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!

Mozzone

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Chalk, I've written to Trading Standards, OFT, Consumer Direct and emailed Consumer Direct. I'll let y'know what responses I get (they may write back saying "don't contact us, contact such and such etc" if they do I'll get you the info).

Thanks for the link.

Egg sound like they're up for a fight. Cool. So are we ;-)

Mozzone

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FYI, Consumer Direct have referred CrappyQuest's s175 CCA breach to Trading Standards for an opinion.

Mozzone

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Hi. Hope you guys are still in the zone.

Egg have not replied to my separate CCA request. So I will send dispute letter to them as well.

 

I disputed the account with the DCA CapQuest last week as well, on the basis that they didn't forward my CCA request on to Egg. CCthis on to Egg. I simultaneously reported CapQuest to Trading Standards,, Consumer Direct, and the OFT.

 

Today I received a letter from CapQuest confirming my account is "on hold" and that they will investigate my complaint "in line with our in-house procedures" and that I can expect a "Quality & Assurance Officer" to be in touch. Their atatched complaints handling leafleft then stipultates a 5, 28 and 56 day time frame for a final response from them plus the usual FOS contact info if the complaint isn't resolved.

Mozzone

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although Anne McSHANE THEIR COLLECTIONS MANAGER DID NOT SHARE THE SAME VIEW AS ME FOR SOME REASON.

 

Lol. Its good folk like you that inspire the rest of us to carry on :)

 

I hear CapQuest's Barry davis is sunning it up in the Bahamas (well, at least their directors are!)

 

BTW, I have now sent a FURTHER complaint to CapQuest stating that their stipulated timeframe of 5, 28 and 56 days is UNFAIR and MISLEADING because of the delay I am experiencing in receiving any CCAs from them or the OC. Another one for the OFT etc etc

 

I just need more time to get the letters rolling out

Mozzone

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Hmmm...letter from CrappyQuest's "Quality Assurance Officer" today about my complaint they had refused to forward my CCA request to the OC.

 

I quote:

 

"CapQuest were insstructed by Egg on XX 2006 to contact you regarding an outstanding balance of XX. CapQuest were unaware of any issue or dispute at this time and were acting in good faith based on the information supplied by Egg.

 

"I can confirm that your initial letter was received on X June 2010 for a request of a copy of the Agreement regarding the above account. As CapQuest are working the account on behalf of Egg they were instructed to advise all customers that requests for copies of Agreement under the CCA should be sent directly to themselves.

 

"I can confirm that 2 letters were sent to you by us on X June and X June informing you that you needed to send your request to Egg directly."

 

AND the OFT wrote back saying they don't investigate individual cases but appear interested in CrappyQuests track record and have asked me to sign a form confirming they can investigate 'em.

 

I am about to look up the OFTs draft guidance on CCA requests.

Mozzone

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I have just read the OFTs draft guidelines (Jan 2010).

http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf;jsessionid=DB465919D6932F26976261B6B8C2836D

 

Its in black and white. DCAs do NOT have to provide CCA requests if they don't own the debts and CapQuest can refer to Egg.

 

I doubt the OFT will do 'owt in light of the above draft guidelines.

Mozzone

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Thx. But what if I didn't prior dispute the loan with Egg? Been paying crappyQ since 2006 and only disputed things when CQ and Egg failed the 12 day CCA.

Mozzone

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