CapQuest

[Deb T]

Yes Capquest have to deal with your request for the CCA, as for the Subject Acess re Egg, I sent them one last year, they cahsed the postal order but did not send the Subject Access request. Let me know if you receive yours.

 

The Legal Action paragraph is incorrect, It is my understanding that Capquest (or any dca acting on behalf of a creditor) do not need to own the debt to issue the legal proceedings, I would remove that part as it is too contentious.

[Deb T]

They can take you to court when they like, if they choose to do so without an enforceable credit agreement in place then that is their choice and they run the risk of their action not getting off the ground.

 

I sent Egg the subject access whilst the debt was being collected by a dca, I sent the DCA a cca at the same time, it took the dca 3 months to provide the cca but in my opinion it was 'knocked up' as neither my signature or the dates corresponded. At that point I wrote the dca a letter stating that I would not be paying them any further and that I considered their collection activities inappropriate, particularly the threatening tones they used when I missed payments.

 

It got passed back to egg, who in turn have on several occasions contacted me with a view to paying them but as of yet they have not provided the subject access and as such no further payments have been made to them. At the same time as this they have manipulated my credit file by adding false information to it by extending the default date by a year...it had just dropped off my file but it is now there again. I'm on the case with Egg and from all angles, data commissioner, office of fair trading, credit ref agencies and egg management....I do not intend to let go until I achieve a resolution that is wholly satisfactory to me.

[Deb T]

The 12 days used to be followed by it being an offence if they did not produce it within the prescribed timetable...the offence part has since been dropped but they should still (but rarely do) work within the timetable...as once they're out of time the account technically goes into dispute at which point you can if you so wish withold further payments to them. That is the general idea anyway.

 

You can get a free report via a free monthns trial with experian...no fee required etc...just be sure to cancel it before it expires or they'll charge your card for the next month - Link below

 

http://www.experian.co.uk/experianhome/?sc=410006&bcd=googlsearchlp1110609

[Deb T]

Interest I think should be halted at the point the account goes into dispute, however to charge interest in the first place the original credit agreement should have provisions in it for say a 3rd party (dca) to add interest in the event of non payment post the default/termination...Most agreements do not have this provision and thus any charges added are incorrect....and so it goes on.

[Deb T]

No they can't but they appear to think they can (in my case)

 

What your credit file won't show is the loan account number/credit card etc....but if you phone experian and quote your credit report (usually the date it was raised) they should be able to give you the loan account number...this may help in the event of them attempting to change/mess with the default date etc...

 

From my experience egg do not charge interest once the account hits the default/termination point....but this is my own experience, others may have a different story to tell.

[Deb T]

All ammunition for the future

[Deb T]

I wouldn't stop paying them out of spite but what I would do is write to them again and enclosing a copy of their letter (s) where they refuse to your request for a credit agreement and at the same time tell them that due to their refusal to acknowledge your request for a credit agreement that you consider their actions irresponsible and no furter payment/communication will take place. Or words similar...they don't want to talk to you then you don't want to talk to them and I really don't think a judge would feel any different should they try to take you to court. Send your letter recorded so as to prove you've sent it etc..

 

At the same time as this report them to the OFT