*Capquest help current situation within*

[kathleenbilly]

I have started a new thread as i now have the main facts,

 

Date of loan agreement 25th October 2004

 

Date of default last payment March 2005

 

Capquest are chasing this debt.

 

No acknowlegement or payments so the above dates fully apply.

 

As you will know the debt will be statue barred in March 2011

 

Here below are the links for the Customer Credit Agreement and Default notice,

 

CCA Link

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

 

Default link

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

 

 

Can someone advise me as to what i should do or direct me to a letter i may be-able to send?

 

Thanks for any advice offered.

[harrassed senior]

There are no photos on the links above.

 

It may have been better to stay with your original thread.

[kathleenbilly]

The links are now working,

 

I have simplified the thread with the facts i need to do something that relates directly to the information i have given.

 

Whether it's a letter i can send or make contact and pay the debt.

[Old Cogger]

cca customer copy not signed? link does work above, they are chasing because 6 years coming closer. somebody should be along to advise you.

[kathleenbilly]

I was told the cheque was delivered by a courier you sign the Credit agreement and he gives you a copy too, the customer does not need to necessary sign there's the important one ie: (Bank Copy) which i'm sure was signed.

 

I understand he then signed again with the courier for the cheque that was then presented to him.

[Monty2007]

I have started a new thread as i now have the main facts,

 

Date of loan agreement 25th October 2004

 

Date of default last payment March 2005

 

Capquest are chasing this debt.

 

No acknowlegement or payments so the above dates fully apply.

 

As you will know the debt will be statue barred in March 2011

 

Here below are the links for the Customer Credit Agreement and Default notice,

 

CCA Link

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

 

Default link

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

 

 

Can someone advise me as to what i should do or direct me to a letter i may be-able to send?

 

Thanks for any advice offered.

 

Do you know if your debt has also been sold to CrapQuest?

 

You should request all your documents under a SAR to see what they have.

 

Both the agreement and DN look okay to me.

[postggj]

What Is The Date On Nthe Default Notice

 

Thats The Date They Sent The Letter

 

On The Agreement, I Cant See Any Cancelation Rights

[kathleenbilly]

The date of the Default Notice, ie: Send out on the 07th June 2005 by the Bank of Scotland.

 

You are correct there are no cancellation rights on the agreement.

 

I shall scan the back of the Credit Agreement and put it on here for your inspection thanks

Edited July 12, 2010 by kathleenbilly

[kathleenbilly]

Scanned copy of the back of the Customer Credit Agreement link below,

 

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

[Blondie40]

I was told the cheque was delivered by a courier you sign the Credit agreement and he gives you a copy too, the customer does not need to necessary sign there's the important one ie: (Bank Copy) which i'm sure was signed.

 

I understand he then signed again with the courier for the cheque that was then presented to him.

 

Yes. Sainsbury's Bank, part of HBOS, used to do the same.

[postggj]

if the default notice was dated 7 june 2005, it would be deemed served 9 june

 

the date needed to rectify the dn would be the 23 june, not the 17 june

 

dont get to excited though, it was seven days to rectify the default but the reg changed i believe in 2005

 

any caggers got a date when it change from 7 to 14 days to rectify a default

[unclebulgaria67]

I notice from the agreement that BOS charged over £6k for PPI type cover. Seems bl**dy expensive to me. Think it may be worth looking into the mis-selling of this cover, even though your friend would not have paid much of the premium.

[kathleenbilly]

Capquest on sniffing on this loan waiting for my next move or reply,

 

When this started i had no information and sent them a limitation Act letter they replied telling me it's not statur barred giving me the date of the Credit Agreement and account number. But that was all they sent i don't think they have anything else at this stage.

 

I hope someone can give me advice on what to do, if i do nothing i'm sure Capquest will leap into action.....so i need to write something to them?

[Blondie40]

So April and May payments missed?

[kathleenbilly]

So April and May payments missed?

 

 

Yes correct (Last payment made in March 2005 )

[Blondie40]

Figures on DN don't seem to add up, but could just be me.

[kathleenbilly]

No i think your right looking at it looks like he paid last payment in April,

 

given it's two months arrears that makes sense to the paperwork and payment monthly etc would be correct

[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????????????????

[Pinky69]

The 14 days to remedy the breach became law under the CCA 2006 -it was still 7 days in 2005. However, it could only be deemed to be served on the 9th if sent 1st Class and the creditor would have to prove it was sent 1st Class with proof of postage, which they won't have. Otherwise, if sent 2nd class, which is the normal business class, it would not be deemed to be received until the 13th and that would make the date they must give you to remedy the breach the 20th.

Posted on the 7th, 4 days for delivery, the weekend doesn't count (Queen's Bench Practice Division 1985), received on the 13th.

 

You now need to find out when the termination date was in an SAR if you don't have the termination notice or the date when the loan was first demanded in full and by whom. Don't mention a word to Capquest or the BOS until you have that information.

[Pinky69]

All the more ammo for you to rubbish the agreement - but what counts for enforcement are the prescribed terms.

[kathleenbilly]

Pinky,

 

Can you tell me exactly what i need to obtain to help is it the BOS 10.00 pound postal order thing to get all the info as mine's incomplete?

 

I can do that tomoorow in the post in the meantime what do i do with Capquest???

[Blondie40]

if the default notice was dated 7 june 2005, it would be deemed served 9 june

 

the date needed to rectify the dn would be the 23 june, not the 17 june

 

dont get to excited though, it was seven days to rectify the default but the reg changed i believe in 2005

 

any caggers got a date when it change from 7 to 14 days to rectify a default

 

Came into force 1 October 2006

 

14 Default notices

Substitution of 14 days for seven days where it occurs in section 88 of the 1974 Act (contents and effect of default notice)

[Pinky69]

Subject Access Request - Debt & DCA

 

Send to BOS. Enclose a £10 postal order. They have 40 days to reply.

 

Did the letter from CQ demand the whole amount?

[Monty2007]

Hi

 

Have CrapQuest bought this or just collecting?

[kathleenbilly]

I have now completed and printed off the Subject access request to the Bank of Scotland and will send recorded delivery in the morning.

 

 

Capquest have not asked for any money, there reply at this stage was to inform me the debt was not statue barred in response to my limitattion act letter. They then included a form for me to fill out with my breakdown cost etc rent living gas electric etc.

 

But no talk of money at this stage or any other dialouge.

 

There letter was basic and brief but yes they have purchased the debt from the Bank of Scotland.

 

 

What do i do in the meantime should i write to them??????????????