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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
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Loan Written Off - Do I still have to pay?


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Hi

 

I had a large unsecured loan in 2001. I had problems repaying it but Egg stopped chasing me after a while and over time I forgot about it. Then in 2006, out of the blue, capquest called saying I need to pay it all off, but they would accept monthly payments. They did say they would freeze interest. They were very aggresive on the phone.

I paid without fail until january of this year, I found this website and used the templates to send off a request for the original CCA. I waited 12+2+30 days, and all I received in this time, was a letter asking me if I had the original documents and a statement from Egg.

The statement from Egg shows as far as they are concerned, the loan was written off in September 2006. This gave me hope. I wrote back saying they had not supplied the CCA in time, so I am not paying the loan.

Now, they have provided what looks like a CCA from Egg, from around the right time, with my signature on it and are asking for lots more. It seems they never stopped the interest. Although each year with Capquest I paid between 900 and 1800 off the total, each year the total debt rose due to interest, on average a rise of £2000 each year.

Im a bit worried now, I get missed calls from them all day every day and its harrassment.

Can anyone with appropriate knowledge give me some advice, as I have my first child due in 6 weeks and I dont want to start giving capquest money again, for a loan thats written off, and all the time the balance goes up each year, I will never clear it

 

Any advice given would be really appreciated, thanks

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scan your agreement

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just for your information, the original lender (Egg in this case) will 'write off' a loan so that they can claim Tax relief on the 'loss'. They then sell on the written off balance to a DCA (crap-quest) in your case and they try and get you to pay.

 

After sight of the CCA they have sent you we will be able to give you further information.

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and sent them the phone harrassment letter, and if you do answer the phone by mistake, say in writting and put the phone down, after demanding a statement of accounts, to see what these cretins have added

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Is that all one sheet of paper? Or is is two sheets?

 

Is the first sheet numbered 1 of 2 and the second numbered 2 of 2?

 

How does the front page tie in with the second?

 

Was this signed on their premises?

 

Where are the T&C's?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi, its 2 sheets of paper. i think they sent me a copy, i signed it and sent it back. i do have the t&c's, do i need to attach those too?

 

have also got loan protection papers, unemployment insurance, life insurance, accident and sickness insurance, permanent and total disability insurance, how to make a claim and direct debit details.

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Does the first sheet refer to the second and the second refer to the first in any way?

 

If you took out PPI why hasn't that kicked in?

Are you self employed, a student?

 

On your T&C's does it stipulate you right to cancel?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I think the 2 sheets do refer to each other, but I cant find anything specific, i can tsee page 1 of 2 or anything like that on them.

 

The T&C's dont include anything about my right to cancel. Only the PPI document does, and it seems to only relate to that policy.

 

I am employed now, at the time I had to look after my dad after he had a severe breakdown and I spoke to Egg a few times about it, they held off calling me and after about 3mths, I never recieved even a letter from them. I wasnt sure if the PPI had kicked in or not, it seems not now, but they were not contacting me about it.

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Ok so you have some crummy Agreement that lists

 

the Apr as 9.90%

Interest as 9.51%

 

Loan at £15000

PPI at £2343

total as £17343

Repayment at 6o months @ £364.35

 

Now I aint great at maths but I cant make their repayments of £364.35 x 60 months = £21861, come anywhere near what I make the total + the interest/APR

 

Also if the PPI did not kick in then you want all that back Plus interest at the rate they charged it

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total pants

 

you've been fleeced for years here i bet.

 

i think they've had their pound of flesh already time to hit back

 

reclaim the PPI from EGG.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the comments, they are encouraging.

 

What am I entitled to do? Is this credit agreement enough for capquest to push me harder? I think they will push for a court case of some kind if I dont agree to what they ask, so I need to be sure of what im asking them.

 

I have paid them several thousand pounds between 2006 and january of this year and the debt has just gone up and up. if they are in the wrong, I would love to end this and maybe get back some of the money I have paid them over the years, but also I would happily walk away with the knowledge I have no more of these calls/letters. I have slowly rebuilt my credit, held down a good job and have a baby on the way, I honestly dont need these gits harassing me any more.

 

Some specific advice would be great, as far as I can see, I can reclaim the PPI with Egg, but I am happy to do that over time, after I have dealt with capquest. Can I question the validity of the CCA with them?

 

Thanks again for this advice, it really does feel like the pressure is lifting with each helpful post.

 

Cheers

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i cannot recommend anything more important than reading relevent threads

our search in the blue bar above is the best place to start.

 

a simple search for

 

capquest

 

will certainly underline how bad a dca these leechers are towards fleeching people.

 

as for getting your payments back, sadly, a very very outside pos that will need a lot of work and most probably lead to failure as they will be deemed as gifts.

 

that search and p'haps one on egg cca enforceability will certainly show yours to be nothing like what is needed for it to be enforceable.

 

what you have to realise here is the enormity of what they have done, brought a debt for p'haps 3p in the £1, found a mug who is willing to pay without even questioning their legal right to do so AND then screwing you even further by continuing to add interest [under the guise of the original agreement - which they can do again if not questioned] and making a 10'000% profit dor the work of a few computer generated letters costing p'hap 50p and a couple of phone calls with a cash - cow collection service awaiting to fleece you very efficiently thankyou.

 

that why the DCA trade is worth an estimated £15Bn.

 

i would suspect if you were to back track on the paper trail [if you have it - else an SAR to egg will give it] to the EGG's default notice and the termination notice. if both or either were defective [as they normally are] that would kill the debt stone dead.

 

i'd roughly total up what you have paid against the original sum.

 

if they are close then i doubt cq would ever go anywhere near a court if you were now to ignore then.

 

if there is a few £1000's left in it, then let battle begin.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi. Bad news. When Capquest called about a week ago I just said please contact me in writing only and hung up. Today I received a Statutory Demand. Its for £23000+ which includes £9000+ interest.

 

I have looked on some other threads on here and know I have to try and get this set aside. I need to make an affidavit in the court and complete some forms (6.4, 6.5?) and step by step build a case against them.

 

I have some questions and no doubt will need some help along the way.

 

Should I send a Subject Access Request to Egg to find out about the default/termination notice as mentioned above?

 

Should I work out through old bank statements exactly how much I have paid Capquest over the years?

 

When trying to contact Barry Davies who sent the Stat Demand, what should I talk to him about in the unlikely event he does answer? Tell him I am applying to have it set aside, or something else?

 

I have the CCA posted above from them, with dodgy interest rates attached, should I be paying careful attention to these or is there a better angle to base my set aside on?

 

If some kind experienced members can help, I would like to do battle with these, erase this debt permanently and then use my experience to help others. Without finding this site, I would be in bits by now and Im keen to help others in the same way I have been.

 

Thanks :)

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I'm not too hot on SD's but this will put you back to the top of the pile and hopefully someone with experience in this field will give you advice.

 

I believe you have 18 days in which to respond to the SD, and yes a set aside is a definite.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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you stand avery very good chance on getting lots back

 

pers i'd relish taking these muppets to court.

 

just wait till the judge see all the fleecing they have done and all the useless insurances..

 

might be an idea to hit the warning triangle, and ask the site team to move the thread to the legal forum and p'haps get re- named capquest sd received - agreement is unlawfull

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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phone Barry Davies (I assume it is his signature on the bottom) of the SD, if they ask why just say a financial matter but do not elaborate, dont worry they wont put you through he is always too busy, do this three days on a row, then use that has a reason for the set aside. by "law" the person who signs it has to be available to talk to you.

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and don't accept a call back.

 

be very careful about someone ringing you claiming to be him

we very much suspect he does not exist.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thread moved to Legal Issues.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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and don't accept a call back.

be very careful about someone ringing you claiming to be him

we very much suspect he does not exist.dx

 

Very wise DX good point..8-)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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