*Capquest and Limitation Act bluff?*

[kathleenbilly]

Yes this would be correct March i have worked out it's two months arrears,

 

He said he made two/three payments so statue barred from March 2005

 

Credit agreement started and signed in 25th October 2004 (Well i have his customer copy which does not have his signature but does have a signature representing the Bank of Scotland on there.

[Blondie40]

Yes this would be correct March i have worked out it's two months arrears,

 

He said he made two/three payments so statue barred from March 2005 - So first missed payment was 25/03/05 - did he contact them about sorting this out - don't understand why the waited until 2 missed payments before issuing DN - unless back in 2005 they did not worry as much. What was date of issue of DN?

 

Credit agreement started and signed in 25th October 2004 (Well i have his customer copy which does not have his signature but does have a signature representing the Bank of Scotland on there.

- I've seen them before like that its pretty common, when you get the bank copy it will probably have applicant and bank signature on.

[kathleenbilly]

Well lets hope they can't come up with it time will tell..................

[Blondie40]

Yes of course if they turn it up, how long since you asked for CCA?

[kathleenbilly]

i shall ask for it over the next few days

[Blondie40]

Ok, you've only just started on the journey, hopefully you'll get to stretch it out for the next 7 months and 15 days.

[kathleenbilly]

Yep it's a long stretch...........................

 

However if they can't provide me the documents within a certain time then i don't need to worry about it lets see if they can.

[Blondie40]

I would not take that view.

 

You have the customer copy and the default notice you can start to build a defence based on those.

 

Get them checked out, if they don't comply all the better, but don't wait for them not to provide within the time frame - they'll still issue a County Court Claim.

 

They can as well supply a "recreated agreement" for the purpose of a s77/78 request, if they send that they have complied with the requirements of the CCA. They can then issue a County Court Claim well within the 6 year deadline.

 

Not being able to supply the original agreement has not stop them before.

[Blondie40]

CapQuest buy a 25k (nearly statute barred) debt from BOS for a song, probably 1p in the £ (along with a number of other debts).

 

This could mean they have paid only £250 for the debt.

 

CapQuest contact debtor, demanding payment or we take you to court.

 

Debtor fails to pay.

 

CapQuest issue County Court Claim for full amount plus costs.

 

Debtor panics and offers a full and final settlement of say 10%.

 

Thank you say CapQuest, we'll accept your £2500.

 

Nice little return of 1000%.

[kathleenbilly]

I would not take that view.

 

You have the customer copy and the default notice you can start to build a defence based on those.

 

Get them checked out, if they don't comply all the better, but don't wait for them not to provide within the time frame - they'll still issue a County Court Claim.

 

They can as well supply a "recreated agreement" for the purpose of a s77/78 request, if they send that they have complied with the requirements of the CCA. They can then issue a County Court Claim well within the 6 year deadline.

 

Not being able to supply the original agreement has not stop them before.

 

 

How do i get them checked out what and i'm looking to see on the CCA and the default notice????????????????

[Pinky69]

The easiest way to is to scan them and post them on here, covering over your personal details. Try Photobucket. If you cannot get then posted then the relevant Acts are the Consumer Credit (Agreements) Regulations 1983 for the format of an agreement and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 for the requirements of a DN.

 

Basically, a loan agreement must have an amount of credit, an interest rate, a repayment schedule and a signature box. However, in response to a request under the CCA 1974 for a copy of the agreement, they can send you a reconstructed agreement - one drawn up on what your agreement would have looked like and not necessarily a copy of the original. They must also send you a copy of the Terms and Conditions and a Statement of Account. Under OFT guidelines, they must tell you if they have the original and if it is enforceable (OFT January 2010). They won't give you that information voluntarily so you may have to ask them. They will have to produce the original in court if they take court action.

 

A DN has a very specific format so it is best to see that without second guessing what it might say.

[kathleenbilly]

 

 

Default notice above move to follow...'' CCA i'm doing now

Edited July 12, 2010 by kathleenbilly

[kathleenbilly]

CCA Agreement link below,

 

Edited July 12, 2010 by kathleenbilly

[Pinky69]

We need to know the date on the Notice to work out if sufficient time was given to remedy the breach.

[Pinky69]

You have posted the DN twice instead of the agreement.

[kathleenbilly]

sorry look again have put it right will also do the df again

[kathleenbilly]

All info of the Default notice link below,

 

All info on the CCA link below,

 

Edited July 12, 2010 by kathleenbilly

[kathleenbilly]

I can say he was not the owner of the house to which the agreement and contract related to if that helps?

[Pinky69]

Take out the name, DOB, telephone numbers, place of work,salary and all personal details before we go any further. Anyone can read them and use them and it identifies him to banks and DCAs looking in. Just the loan details and form presentation.

[kathleenbilly]

OK I have deleted them and will re-scan again and place them in here give me 5 mins to do so, thanks

[kathleenbilly]

CCA Link

 

http://i116.photobucket.com/albums/o25/kathleenbilly/CCA.jpg

 

Default link

 

http://i116.photobucket.com/albums/o25/kathleenbilly/DF.jpg

[Pinky69]

The CCA. This is a multi agreement under S18 of the CCA 1974. Basically the loan is unrestricted use (you can do what you like with the money) and the insurance loan is restricted use (it can only be used to pay for the insurance). That makes it a multi agreement and as such each should be listed separately and have their own signature box.

 

Amount of loan

Interest

Total Charge for credit

 

Amount of Insurance

Interest

Total Charge for Credit

 

with a separate signature box for each. This agreement has been improperly executed and may be unenforceable under S61 of CCA 1974. I say may be only because I am not a lawyer. You can challenge its enforceability with confidence.

 

I'll be back about the DN in a minute

[Pinky69]

Was the date it was sent out 07/06? It's disappeared again.

[kathleenbilly]

Thanks Pinky,

 

sounds great

 

I've started a new thread with the latest info more clearly for those who wish to see it can you please take a look

 

called *Capquest help current situation*

 

yes default send out on the 7th june 2005

[kathleenbilly]

Pinky two more flaws on the Credit agreement for your information,

 

The address on the agreement where the contract was made and he lived lists him as the owner, he never was and did not own any property he was the tenant there.

 

Secondly Marital status as Married?

 

He was not married????????????????