Need advice with Capquest

[Revan]

Hi all,

 

First, thanks to Mozz1 and Cerberus for getting me started here.

 

I have a 4 debts with 3 creditors, Natwest Bank, Capital One and Capquest. I have no problems in paying these debts, and was on a DMP for all of them. Recently I became unemployed, and Capquest have become rather nasty and keep making unreasonable demands, and so I started researching. More recently, Capital One also transferred my account to Capquest for "management" of my account to the same effect.

 

I have sent the standard CCA letter to Capquest for both accounts, and have received acknowledgements for both. Yesterday I received something by mail for the first accouint, origionally with Marbles. It is a Credit Card agreement, clearly stating "regulated by the CCA1974". It shows my credit limit as zero, and has an expiry date of October 2007.

 

There is no signature of any kind on the agreement, or space to sign for that matter, and no dates other than the expiry date. It does have my name and address printed in section 1 along side Bank of Scotland Plc address.

 

Does anyone have any advice on how to respond to this? I have read so much over the past 24 hours and have only managed to confuse myself further, I don't even know if this is a valid CCA or just a mock up of some kind.

 

Any assistance is greatly appreciated. Many thanks, Revan

[twofoot]

In order to get advice on a particular agreement you'll need to post it up minus your personal details.

[Revan]

OK, I've been trying for hours to get the copies uploaded. I have tried .bmp and a doc version.

 

When I click the paperclip icon to attach a file I get a pop up window, in which I click the browse button and select the relevant file. The .bmp's are 25mb each, and the .doc version is 27kb in file size. I then click the upload button and a text line is added saying uploading files - please wait.

 

Nothing happens after that, and I have left the window open for hours, closed and re-opened, repeated etc etc

 

Am I doing anything wrong or is there something I'm missing?

[Guest Cartaphilus]

Posted by mistake

Edited July 7, 2010 by Cartaphilus
As above

[Bazooka Boo]

Scan them into your computer, file them into a folder or onto your desktop so you know where they are, then use TinyPic - Free Image Hosting, Photo Sharing & Video Hosting or Image hosting, free photo sharing & video sharing at Photobucket to post them up, but please please please, ensure you remove anything that can be used to ID you, including bar codes.

[Revan]

OK, here's another attempt at posting a copy of the agreement I have received... fingers crossed

[Revan]

[/attach]

[debt4get]

they are still to small..i would advise uploading them to photobucket then posting the link that is given with each photo..this then puts a copy here on the forum...

[Revan]

I uploaded them to photobucket and then cut & paste the "direct link" from photobucket to the attachment pop-up on here. Is there any other way to enlarge them? How about if I post the direct links?

[debt4get]

there is a button above the message box that looks like yellow post card and it is called insert image...if you paste into that it should put the image on the forum..click go advanced to make sure that it is there

[Revan]

 

 

Success at last

[Guest Cartaphilus]

Posted by mistake.

Edited July 9, 2010 by Cartaphilus
Amended something

[Bazooka Boo]

Well that looks like the T&C's to me, certainly not a CCA.. no signatures or signature boxes, no right to cancel, % rates, etc etc etc..

[Revan]

Well, this is what threw me a bit. It is entitled CCA 1974 etc, it has the names of the parties on it, it does have a right to cancel section in the bottom right corner of the first page, but there is no signature section, it doesn't have my signature on it, and there is no date of agreement being signed or commencing.

 

I'm guessing I should write a letter in response, but I am unsure as to what the letter should contain. The cover letter sent with the above CCA/T&C said that I have til the 12th July (Monday) to reply or pay.

[Revan]

Can anyone help me?

[SL8R]

As bazooka said above. I would put account into dispute until they supply correct paperwork.

[SL8R]

Send them this :

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

[harrassed senior]

Strange one that, in my opinion it is not complete.

 

As advised I would send the account in dispute letter.

 

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[Revan]

Many, many thanks for this. I will send the letter out now and will re-post with results.