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Capquest, no valid cca and credit reference entry....


mothsinmywallet
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Capquest have sent a photocopied microfiche application form as a CCA request. They said over a month ago they were awaiting the t&c's then they would class it as a reconstituted agreement. That was a month ago but nothing heard.

 

I noticed that on my credit file since they took over the debt they have added an incorrect default date and the debt which I knew should drop off Sept 2013 now will be Sept 2014.

 

I know I can challenge them but I would like to know peoples view on the wider picture. With no valid CCA in place is there a case for them to remove the entire entry?

 

I remember doing this with Equidebt a couple of years back when they couldnt produce a CCA. But Capquest are adament because the debt exists and they have proof I spent on the card then they have a right to record the debt.... but if there is no valid CCA which allows credit reference reporting???

 

Many thanks in advance.

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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Hi,

Since the McGuffick case last year, reporting to the CRA's is now allowed as they can prove you had the money.

 

The only way I know (and that's not guaranteed) is to sue them

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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so was there a previous default?

 

if you have not broken an agreement with CQ, then i cant see how/why they shoul be recording a default in their name.

 

tell us more about the history of the card

 

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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One of the eight underlying principles of the DPA 1998 is that any personal data processed has to be accurate. The data controller of the company publishing it is directly responsible for this, and has to ensure all staff who handle data within his / her organisation are fully trained to do so. You could hold him/her personally responsible for not ensuring the data processed about you was accurate.

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Had a default with Barclaycard back in 2007 - debt £7k. They passed it to 4 DCA's who refused to pursue it when they saw microfiche copy of app form. At this time credit reference was under Barclaycard with a default of date of Nov 07, so should drop off Nov 2013.

 

They then had enough and sold debt to Capquest. I noticed that the credit reference for Barclaycard had been removed then a week later there is the entry of Capquest with a default date of Nov 08 which would now mean would drop off Nov 2014.

 

Ever since Capquest came onto scene I have refused to acknowledge debt. But since their first letter they sent to me to say they now had the debt they added £38 of interest.(There is no wording on the letter mentioning charges) I wrote back to say account in dispute - they sent another letter acknowledging and added a further £38 on top. Then another holding letter - with another £40 on top. Surely if an account is in dispute they cant add charges???

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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Yes, I've just checked creditexpert and it holds copies for me online.

 

Barclaycard entry - says defaulted on 1/11/07

 

Capquest entry - says defaulted on 3/7/08

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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Get them printed off quick and saved on your computer. I believe it is unlawful to have two defaults against the same debt. Powerful, indisputable evidence to get it adjusted back to the original date.

 

I'd still be inclined to make the data controller of the CRA squirm a bit as well. He or she has allowed a blatant breach of the DPA to take place which has without doubt had a detrimental affect on you.

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Will write them a letter, many thanks for your advice Tingy.

 

Does anyone know if their charges are justified whilst the account is in dispute? They have written me to say that until the T&Cs have been received the agreement is "unenforceable"?

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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Will write them a letter, many thanks for your advice Tingy.

 

Does anyone know if their charges are justified whilst the account is in dispute? They have written me to say that until the T&Cs have been received the agreement is "unenforceable"?

 

Done a bit of reading around for you and they can add charges to a disputed account, but equally you can dispute their charges as being unfair.

Edited by Tingy
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they can add what they like,it all means the account is further into dispute.

 

watch these reconstituted cca agreements,i was sent a total forgery from the original,the more time has lapsed since the account was opened the more problems accurate "true copies" are to produce,if a forgery materialises there is a letter template to deal with it.

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Again many thanks. I was a bit hesitant of writing to them thinking it might spring them into action again but by looking at my credit file tonight I can see that they searched my records. They will see that I don't have a mortgage now as in rented accomodation thats probably why not chased me. If they bought the debt for pittance and I refuse to pay and if they could see I had a mortgage they would definately go for a charging order to secure the maximum debt against the property. In my situation now all they could possibly get is a few pound a week under court order which would have cost them quite a bit to obtain so not much financial sense.

 

Will get the letter off as soon as.

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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they can add what they like,it all means the account is further into dispute.

 

watch these reconstituted cca agreements,i was sent a total forgery from the original,the more time has lapsed since the account was opened the more problems accurate "true copies" are to produce,if a forgery materialises there is a letter template to deal with it.

 

jsa - please could you give a link to the template letter to see if it's the one I'm thinking of.

 

Thanks!

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well they can only add charges in-line with the CCA/T&C they inherit.

 

but anyhow, you can reclaim them, inc te BC ones from old!

 

i think they are doing this to pressure you into contacting tem, typical tactics.

 

obv dont!

 

as for the two defaults, a def no-no and you need to pull the ico's string on this underhand tactic too.

 

fire off that letter to the cra with copies of the two differing reports, you should atleast get te never one removed.

 

as for the debt itself we'll have to see what cq's next move is but i bet they'll swear blind it enforceable.

 

wrong!

 

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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Many thanks and it wasn't one I'd seen before. I save two copies of any useful template letters one to my computer and one to memory stick (as I suspect many do on here).

 

I'll add this one to my collection.

 

Thaks again,

 

Tingy.

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