capquest - won't do written payment agreement

[buddie84]

hey guys

 

i owe capquest abt £520.06 from an old barclaycard student visa from 2005 but defaulted 2008

on 10/9/10 i phoned to arranged payment with them of £26 a month even tho they wanted more i wanst' budging from it ,

i even annoyed them when they asked for contact number,employers details,income&outgoings i said no comment then they said we need these to have acceptab;le arrang,ment i said you dont need them as i am telling you how much i will be paying not you telling me what i can afford.so they went in a wee huff then they asked for a payment to setup it up i said no i want it in letter the terms we guranteed they said just £5 will save you going to court in meantime i said do you have a hearing problem i said no till i get written agreement so he said ok why wont you do i replyed cos i dnt trust you he said but we can say the same but you i said yeh but you just have to take my word for it he said ok you get the letter in 3 days then will you pay i said yes

 

today guess what no letter so i phoned them up using 141 before their number i got from saynoto0870 website as i not paying a premium number.

spoke someone to say i hadnt recieved my letter, he turns around says oh we didnt send one out i said well i was told you were,he said we dont send out written payment agreements and you owes us this amount what the chance you pay today,i said i not paying till i hVE WRITTEN AGREEMENT nope we still dont do it . i said well you wont get paid till i do ,he said we just take you to court ,i said i have tryed to payment arrragment but you won accept the judge will look favour to me, he said perphaps they will but we dont know ,so i ask few questions to him to see wot they say first question was --do you have my orginal cca he turns arounds says no we dont barclaycard still does and we can ask them if we want to then i said but you bought the debt from barclaycard so you should have it he said we dont have to have it as we are debt recovery company we dont need it -------- is this right?

second question : can u pass me to h l legal dept to sort this out he sorry we cant you have to 0870 sumthing i said why he said they are different company i said thats weird i pretty sure the guy next to you is h l legal??????

they guy kinda laughed and sayed perhap he is and perhaps he not

i turn around and sayed but capquest owns h l legal monkey's plus few other names

he said thats correct but he might not be next to me ????

 

sorrys guys for the long story but please help as i do want to get rid of this debt

[buddie84]

???????????????????????????????????????????????????????????

[maroondevo52]

Thread moved.

[Blondmusic]

Capquests greed will be their downfall. Have you sent off a CCA request to Capquest?

[buddie84]

no i asked them and they said no we dont but barclaycard does aslso said we dont need your cca as we are debt recovery company even tho they bought the debt from from barclaycard should they not have it????? also i read somewhere it might not be enforcemntable due it was signed in 2005 something to new law or sumthing in 2007 which might be missing but is meant to be crucial in all agreements any sugss.

[cheddar]

You say no but then say you asked them, do you mean over the phone? If so then send the CCA letter 'N' here: http://www.consumeractiongroup.co.uk/forum/showthread.php?20758 and the required £1.

 

Don't phone them anymore, keep everything in writing.

Edited September 23, 2010 by cheddar
wrong link entered :)

[buddie84]

yes i did it over the phone so wot happens if they dont or cant get my orginal cca can they still mark my creditfile or take me to court ????

[buddie84]

that link was a wishlist why would i send anything on list to capquest puzzled

[silverfox1961]

Hi,

Well done for taking on the threat monkeys. Gave me a chuckle anyway.

 

It is better to CCA by post and send it recorded delivery as they cannot then deny you made the request.

 

While there may be no agreement they can still mark your credit file

 

As for court action-doubtful but you never know how their minds work.

[buddie84]

yeh they said they checked my creditfile and notice i have no ccj against my name in a letter last week before i phoned them whats the chance they try to get ccj or even take me to court against me?

[PGH7447]

By the way you dont owe Capquest anything, they did not provide the credit card barclaysharks did.

 

so send crpaquest a cca request and see what they have

[cheddar]

that link was a wishlist why would i send anything on list to capquest puzzled

 

Obviously I had posted a wrong link, amended now

[buddie84]

yeh but barclaycard sold the debt to crapquest so it means i do owe them or i mistaken sorry abt all this as i new to all this and dont know all my rights

[cheddar]

You send the CCA to Crapquest, sit back and wait for their reply. This will determine where you stand with Barclaycard and what action to take next.

[Blondmusic]

Sends the CCA request with a £1 postal order to Capquest and they have to pass it onto Barclaycard. Capquest as usual are talking out of their backsides. Never speak to a DCA on the phone as they tell porkies to make you pay. Ask for everything in writing from now on.

[buddie84]

i forgot to mention that they adding interest on my acount couple quid a month are they allowed todo this as i kick up ****ed lwhen i spoke last week the first time saying i didnt get a letter saying what charges or interest they add to me account that a bit like u owe 520.06 but we charging u 100 a month u cnt do anything ABT THAT so can i write saying for every letter i recieve from capquest or h l legal i will charge them 50 quid lol if they want to play that game but allside can they add interest to the account is this legal

[PGH7447]

yeh but barclaycard sold the debt to crapquest so it means i do owe them or i mistaken sorry abt all this as i new to all this and dont know all my rights

 

No you dont, you owe these idiots nothing, so they may have bought an alledged debt for peanuts in the pound, did you sign an agreement with these morons - NO, so ergo you owe them nowt - until they supply an enforceable agreement

[Guest Cartaphilus]

said we dont need your cca as we are debt recovery company even tho they bought the debt from from barclaycard should they not have it?????

 

What a laugh, eh? How these jokers persist in these falsehoods. I will not add anything to what's been said except ... The last time I was forced - as I wouldn't give these types 5 seconds of my life under any other circumstances - was when I last spoke with them on the phone.

 

I didn't owe the debt, as it was purely fees and I knew it was.

 

Anyway, I went on the phone to them and I had a lot of satisfaction telling them that they weren't getting a penny from me, because a) I didn't think I should be paying this money because it appeared to be fees from something else I thought was over and done with b) the scripted person on the other end kept talking over me so ... and c) I told them they didn't have a credit agreement ... and shouldn't be pursuing me for money which I didn't think I owed in the first place (because I knew I didn't). Not heard a word since.

[buddie84]

i cant seem to get to debt collectors library for a cca template its keep asking me to register before viewing which i have done twice aswell so where can i get cca template for scotland cheers guys above for your info

[dadofholly]

i cant seem to get to debt collectors library for a cca template its keep asking me to register before viewing which i have done twice aswell so where can i get cca template for scotland cheers guys above for your info

 

I have copied and pasted it for you here.

 

TIP - when you go to the letters template page - there is a black box on the left of the screen where you can log in - then all letters should be available to you.

 

 

 

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[coledog]

It doesn't have to go to however owns the debt - it should go to however is chasing the debt at the time, could be a DCA. It is up them to get it from the owner or OC. Sorry - just added this for clarity.8-)

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.