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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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      I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
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      Thank you. Fingers crossed it is all over soon. 

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

*Capquest help current situation within*

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Monty2007

Monty2007

Posted
Posted
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??????????????

 

At this point I would just send off the SAR to CrapQuest, they have just received mine so will be busy.........

 

I am in the same situation as yourself but with Sainsburys Bank who are jointly owned by HBOS. My agreement and DN are signed by the same people as your HBOS documents, only you agreement has charges defined whereas mine does not. You may have an angle with the PPI, and also need to check that the APR is correct.

 

If you can hold this off until it becomes statute barred then this would be your best course of action IMO. I would look to see if you can bring a case against them for PPI or any charges and this would remove any ability for them to bring an action and give you some time. Just a thought.........

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Pinky69

Pinky69

Posted
Posted

It is not like them not to go for the jugular on an amount of money like this so they must know there is something wrong with it.

 

BOS repudiated the account when they sold it to CQ after issuing an unlawful DN. If you are 100% sure it was sold to CQ, to make this legally binding you HAVE to write to BOS and tell them that you accept the repudiation of contract which occurred when they sold agreement NO......... dated.............to CQ after issuing an unlawful DN. If you have the date when it was sold insert it.

 

After you have sent that letter, you can write to CQ and state that the alleged agreement is unenforceable and was repudiated by BOS when it was sold to CQ after issue of an unlawful DN. You trust that settles the matter.

 

I repeat I am not a lawyer but this is what I would do based on my own experience and I have seen 12 creditors off the premises. If they did take you to court your arguments are the unenforcability and the unlawful DN - they could be put to strict proof of 1st Class postage.

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Monty2007

Monty2007

Posted
Posted
It is not like them not to go for the jugular on an amount of money like this so they must know there is something wrong with it.

 

BOS repudiated the account when they sold it to CQ after issuing an unlawful DN. If you are 100% sure it was sold to CQ, to make this legally binding you HAVE to write to BOS and tell them that you accept the repudiation of agreement which occurred when they sold the agreement NO......... dated.............to CQ after issuing an unlawful DN. If you have the date when it was sold insert it.

 

After you have sent that letter, you can write to CQ and state that the alleged agreement is unenforceable and was repudiated by BOS when it was sold to CQ after issue of an unlawful DN. You trust that settles the matter.

 

Hi Pinky

 

I have the same DN, why do you think it is "unlawful"?

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kathleenbilly

kathleenbilly

Posted
  • Author
Posted

Reference number etc sold to Capquest Investments limited who have appointed Capquest debt recovery etc etc

 

 

 

1) Point 1

 

Subject access request i thought i send to the Bank of Scotland?

 

You say send it to Capquest? please clear this up i'm confused.

 

 

Pinky,

 

Have you got a letter which i can send that represnts what you are talking about please?

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Monty2007

Monty2007

Posted
Posted
1) Point 1

 

Subject access request i thought i send to the Bank of Scotland?

 

You say send it to Capquest? please clear this up i'm confused.

 

 

Pinky,

 

Have you got a letter which i can send that represnts what you are talking about please?

 

HBOS no longer own the debt, it was purchased by CapQuest, you may wish to SAR both.

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Pinky69

Pinky69

Posted
Posted

You don't want to SAR both - all CQ will have is the name, address, agreement and amount. BOS retains all the information on the account as the original creditor. I don't know where this sending SARs to the DCA crept in.

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Monty2007

Monty2007

Posted
Posted
You don't want to SAR both - all CQ will have is the name, address, agreement and amount. BOS retains all the information on the account as the original creditor. I don't know where this sending SARs to the DCA crept in.

 

That was my suggestion. CapQuest now own the debt so are not acting as a DCA. It would be useful to know what they have in their system, I suspect that this debt was sold as a job lot by HBOS back in December along with mine. I have been expecting CQ to litigate but they seem to be hesitating at the monent, not sure why given their mode of operation on other threads.

 

For £10 it is money well spent............

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Monty2007

Monty2007

Posted
Posted
A complete waste of £10 in my opinion. All a buyer buys is the details - the documentation stays on the records of the original creditor.

 

You may well be correct Pinky, I will update on what I get back from CQ.

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Blondie40

Blondie40

Posted
Posted

Kathleenbilly

 

You would need to put them to strict proof over service of DN, if sent 1st class, service would be 9 June, 7 days from then would be 16 June so DN would comply.

 

I still don't get the figure it looks like two missed payments + £25 cost of default letter, but amount of interest does not seem right (could be I'm not working it out right or they have added on something extra).

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Blondie40

Blondie40

Posted
Posted

Just been looking back at the agreement, under the section headed PARTICULARS OF LOAN and all the load details and the APR 9.5 the following line appears:

 

You apply for the following additional insurance cover:

 

Have you covered something up, and is their a Customer Signature box before the text:

 

You agree to pay the premium of

 

Also was this loan applied for online or in a branch?

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Monty2007

Monty2007

Posted
Posted
Separate signature box or not the loan details have to be set out separately - they are lumped together. The prescribed term for the loan is thus wrong.

 

Hi Pinky, can you elaborate please? I have the same format of agreement (replace HBOS with Sainsburys Bank plc). The loan details are separate and in a box - why are the prescibed terms wrong?

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Pinky69

Pinky69

Posted
Posted

The prescribed terms for a loan and insurance must be set out separately as I indicated in a post above. One is restricted use, the other is unrestricted use and that makes it a multi agreement.

 

Loan

Interest

Total Charge

 

Signature Box

 

Insurance

Interest

Total Charge

 

Signature Box

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Monty2007

Monty2007

Posted
Posted
The prescribed terms for a loan and insurance must be set out separately as I indicated in a post above. One is restricted use, the other is unrestricted use and that makes it a multi agreement.

 

Loan

Interest

Total Charge

 

Signature Box

 

Insurance

Interest

Total Charge

 

Signature Box

 

Thanks Pinky, I see your point wrt a multi agreement.

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Blondie40

Blondie40

Posted
Posted
Separate signature box or not the loan details have to be set out separately - they are lumped together. The prescribed term for the loan is thus wrong.

 

Would that leave it unenforceable, or enforceable under s127 by the court if claimant requested.

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Pinky69

Pinky69

Posted
Posted

The thing about courts is you never know what way the wind is going to blow. In my view it should be unenforceable but a judge could easily say "You borrowed the money - pay it back" whatever an agreement says. The important thing is to try to avoid going to court at all by using these arguments to put the account in dispute and fight your corner.

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Blondie40

Blondie40

Posted
Posted

Pinky69

 

So the thing to watch for if CapQuest issue a County Court Claim is if they ask for the court to enforce under s127 in the Particulars of Claim.

 

However if as you say "The important thing is to try to avoid going to court at all by using these arguments to put the account in dispute and fight your corner".

 

Would you not be giving them a heads up as to exactly how you would intend to fight this prior to them issuing a claim and then give them the opportunity to included the request for enforcement.

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kathleenbilly

kathleenbilly

Posted
  • Author
Posted

I have posted today a

 

Subject Access Request to the Bank of Scotland.

 

I have also sent a Subject Access Request to Capquest.

 

Both have been sent recored delivery.

 

I shall wait for a response i can do no more at this stage let's see what happens.

 

I can tell you Capquest are not sure about this because the Debt is not shown on any credit file no CCJ or default. They know nothing about the CCA I'm sure they are wondering like i am why an amount like this would not of been updated then they could see the info when they done the hard credit search but nothing comes up so they don't even know about the default.

 

As it stands they have an account number and a date. So i want them to show there hand.

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Blondie40

Blondie40

Posted
Posted

I can tell you Capquest are not sure about this because the Debt is not shown on any credit file no CCJ or default. They know nothing about the CCA I'm sure they are wondering like i am why an amount like this would not of been updated then they could see the info when they done the hard credit search but nothing comes up so they don't even know about the default.

 

As it stands they have an account number and a date. So i want them to show there hand.

 

 

What makes you think that?

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Blondie40

Blondie40

Posted
Posted

Something to bear in mind as well, you have mentioned that on the agreement is states the applicant as being a home owner and married, but at time application made they in fact were not.

 

If the application was made online then the information will have been input by the applicant, if so I would not want to raise this matter in a court as could in fact lead to the applicant being charge with giving false information to obtain credit - a criminal offence.

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