Capquest Statutory Demand help

[paulamarie76]

ims21 thankyou so much for such a concise and helpful post, I had drafted a letter for Aqua but the excel sheet will be a lot better to include, I had downloaded the forms from the FOS site but was worrying what to do regarding the letters from Capquest, but I shall await the next one from them and then send them the despute account letter.

 

thanks again this is exactly what I was needing.

[ims21]

ims21 thankyou so much for such a concise and helpful post, I had drafted a letter for Aqua but the excel sheet will be a lot better to include, I had downloaded the forms from the FOS site but was worrying what to do regarding the letters from Capquest, but I shall await the next one from them and then send them the despute account letter.

 

thanks again this is exactly what I was needing.

 

Morning

 

You're welcome

 

ims

[42man]

You will be pleased to know that they have run out of time to present a petition....I urge you to report them to the OFT (you must) especially so as 1st Credit were warned for exactly the kind of behaviour that Capquest are doing here - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

[2Grumpy]

Did you eventually get a copy of the CCA & was it enforceable? That might alter how you proceed:

 

No CCA = no debt (maybe)

reclaim PPI = some help

or wait and do nothing yet

[paulamarie76]

Hi 2Grumpy, the CCA finally arrived 10 weeks after we sent the request, its the same photocopy that Aqua had sent us in the subject access request pack that arrived from them, so I assume its enforceable but I dont know much about these things.

 

The amount of PPI paid isnt going to make a great dent but its something so will see if we can get it back.

 

I assume there is nothing we can do about the overlimit charges and the late fee charges on this either?

 

We want this sorting on the credit file as we are wanting to apply for a new mortgage in the next few years so really do need to sort it rather than ignore it but we also cant afford to pay the lot off as it stands so wondered what to do next?

[ims21]

 

I assume there is nothing we can do about the overlimit charges and the late fee charges on this either?

 

 

Hi

 

Oh yes you can....these can be reclaimed as well. Different claim to the ppi but on a credit card you can reclaim all of these plus interest.

 

ims

[paulamarie76]

oh really crikey that has surprised me, how do we go about doing that and what reason do we give for trying to claim it back?

[ims21]

Hi there

 

Basically you will sue for unlawful charges.

 

Take a look at the Barclaycard forum....there are some great threads there which will give you a good idea of what is invloved.

 

Basically it is

 

1 -> Prepare a Schedule of claim

 

2 -> Send preliminary letter requesting refund

 

3 ->If they don't cough up you send a letter before action

 

4 -> If they still don't cough up, you issue in court

 

As I say, do some reading first and then we can help put together your claim

 

ims

[paulamarie76]

Ok have sent off to reclaim the PPI, I will tackle the overlimit charges etc next... however we have received another letter but this time from Robinson Way saying they have been instructed to collect payment on behalf of Capquest. Can I ask even though they have finally sent a copy of the agreement allbeit way way over the time frame, what letter can I send them, it it still enforceable even though they didnt comply with the dates within the CCA I sent them.

 

What letter shall I send to Robinson Way?

 

Im just a bit confused as to the next step with regards to this letter, this is the first letter at all in months from anyone, as you can see from the last time I posted.

 

any help is much appreciated

Paula

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.c o.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF00 04F6EA