Egg card CCA request.

[dunningd2]

I have an Egg Credit card, but the account has been passed to Capquest.

I was under the impression that the request for the CCA had to be sent to the company who were receiving payments on the account.

I sent the letter recorded, with a £1.00 postal order. This morning I received a reply from Capquest together with my postal order.

 

"We thank you for your recent correspondence.

Please find returned your £1.00 administration fee in regards to your request for documentation under the CCA. Our client has requested that all CCA requests are sent directly to them to the below address with the covering fee for them to process directly."

 

Perhaps someone could let me know if this is correct? Would like to know what my next move should be?

[ims21]

Capquest are acting for the OC in respect of collection activity. You have sent a lawful CCA request to CQ and they have declined to supply one. Accordingly they cannot collect this debt.

 

Keep their response letter and no need to deal with them.

 

Revert to dealing with the OC

 

Regards

 

ims

[dunningd2]

Hi ims,

Thanks for your reply. Where does this leave me with regards to the time limit for reply to my request? Do I now have to re submit a request to Egg directly and re set the clock?

[ims21]

Well they have chosen not to provide at all so Capquest are now out of the loop. You can send them the account in dispute letter if you wish...its in the CAG library.

 

Your first post seemed to ask what to do about Capquest. Having dealt with that, what is it you wish to achieve?

 

Regards

 

ims

[dunningd2]

Hi ims,

I was under the impression (perhaps wrongly), that as I had requested the CCA from Capquest, who are administering the debt, that I had no need to contact Egg.

And that Capquest had to reply within 14 days.Do they not have to comply with my request, as I am paying them and not EGG?

Do I assume that I now have to process my original request direct to EGG and therefore restart the process?

[ims21]

Hi

 

If Capquest cannot or will not supply a CCA document then they cannot collect the debt and you can stop paying them.

 

In any event, it is always better to deal with the OC where possible.

 

If it were me, I would now ignore Capquest as they have not provided evidence that they can collect the debt and revert to paying Egg.

 

If the debt is real, i.e. you know you owe a balance on an Egg account, I don't see what a CCA to Egg will achieve.

 

Regards

 

ims

[dunningd2]

Hi ims,

I do indeed acknowledge that I have a debt with EGG, but had assumed that unless a copy of the original signed agreement was provided, then the original debt could not be enforced? I also assumed that as Capquest were receiving payments from me, that they and not EGG, had to comply with my request and that they had 14 days in which to do so, or the debt could not be enforced.

[ims21]

Hi ims,

I do indeed acknowledge that I have a debt with EGG, but had assumed that unless a copy of the original signed agreement was provided, then the original debt could not be enforced? I also assumed that as Capquest were receiving payments from me, that they and not EGG, had to comply with my request and that they had 14 days in which to do so, or the debt could not be enforced.

 

Hi

 

Sorry for delay...been out at work.

 

In essence you're right. Capquest haven't (either can't or won't) provided the CCA documents so they cannot collect. Effectively they have writtent themselves out of the equation in my view.

 

It is very unlikely that you can rely on un-en paperwork from Egg though as if you ask them they will almost certainly come up with a reconstituted agreement which would be good enough for a court.

 

Hence I say revert to paying your debt off via Egg and drop your dealings with CapQuest.

 

Best regards

 

ims

[dunningd2]

Hi ims, Thanks once again for your reply.

My understanding was that the debt had been sold on to Capquest & that therefore if I sent a request to them, then it would be them who have to comply with that request. If they didn't, then the debt would be un enforceable without the relevant document in the prescribed time limit. I am sure that I read that somewhere here on this site!!

[ims21]

Hi ims, Thanks once again for your reply.

My understanding was that the debt had been sold on to Capquest & that therefore if I sent a request to them, then it would be them who have to comply with that request. If they didn't, then the debt would be un enforceable without the relevant document in the prescribed time limit. I am sure that I read that somewhere here on this site!!

 

Hi

 

The letter in post #1 from CQ says that they are acting on behalf of their client and administering the debt. If the debt has been sold to them they would surely refer to it as their account. Also if it had been sold you should have received a notice of assignment.

 

You're right....if CQ are looking after this and chasing payment it is they who must provide the documents. That would be their authority to collect. They have not provided such documents so must cease collection activity for the account.

 

Even if they have bought the debt it is they that must provide the docs under a CCA request.

 

Whichever it is, in the absence of the document, they cannot collect and cannot enforce.

 

They may however produce a document in the future, either a recon or original, which means they can then resume collection activity. It is important that you keep their letter declining to provide the document as it is their own confirmation that they cannot collect this debt.

 

The wording of their letter indicates they are acting on behalf of EGG so Egg still own the debt in my opinion.

 

Regards

 

ims

[dunningd2]

Hi ims,

Therefore can I assume my writing to them was a complete waste of time and money and that I need to send a request to EGG and therefore they then have 14 days in which to reply with the relevant paperwork? As I mentioned earlier, I am sure that the advice somewhere on this Forum, was to send the request to whoever was receiving payments on the account and not necessarily the original creditor.Or did I just dream that????

[ims21]

Hi ims,

Therefore can I assume my writing to them was a complete waste of time and money and that I need to send a request to EGG and therefore they then have 14 days in which to reply with the relevant paperwork? As I mentioned earlier, I am sure that the advice somewhere on this Forum, was to send the request to whoever was receiving payments on the account and not necessarily the original creditor.Or did I just dream that????

 

No it wasn't a waste of time or money.

 

Generally one would send a CCA request to a dca to make sure that they have the right to collect on the debt. You have achieved the goal on that front in that CQ do not have the right to collect as they haven't provided relevant paperwork. So, you can stop paying CQ.

 

Simple rule of thumb is "No CCA = No Pay".

 

Now, as far as Egg are concerned, I would say it is 99.999999% certain that they can provide paperwork, after all it is their account. So payments should be made to them.

 

The excercise you have carried out thus far just takes CQ out of the loop and you are back to dealing with the OC.

 

Regards

 

ims

[dunningd2]

Hi ims,

Righto. My debts are being administered by the CCCS and they pass on my monthly payment to Capquest. Do I now contact the CCCS and change the payment details, or will EGG now do that automatically? Incidentally, what is the relationship between Capquest & EGG? Are they one and the same?

[ims21]

Hi ims,

Righto. My debts are being administered by the CCCS and they pass on my monthly payment to Capquest. Do I now contact the CCCS and change the payment details, or will EGG now do that automatically? Incidentally, what is the relationship between Capquest & EGG? Are they one and the same?

 

Ah you didn't mention CCCS. What I would do is contact CCCS and tell them that CapQuest (a dca) have no right to collect this money as they have declined to supply relevant docs under a CCA request. Ask them to revert to paying Egg direct.

 

CapQuest are a DCA and are not part of Egg.

 

Regards

 

ims

[dunningd2]

Hi ims,

Ok, will do that. Now, as far as EGG are concerned, if I send them a CCA request and they then provide the relevant paperwork, what are the chances that the Terms & Conditions of the original agreement are suspect? The object of the exercise being to reduce my overall debt amount by any means. (Legal, of course).

My understanding is that some debts are not enforceable because either the original agreement cannot be produced, or because of the wording of the terms & conditions do not contain certain words or phrases?

[ims21]

Hi

 

There have been changes lately in the arena of un-en agreements. Many judges are now saying that agreements are enforceable by virtue of a recon agreement and a clear financial link to the debt, i.e. the creditor as used the account and has made payments back to it.

 

I think the advice would be not to rely on an enforceable or un-enforceable agreement any longer.

 

A better way to reduce the debt would be to claim back any charges on the account for late payment or being over the credit limit. Are there any of these on the account?

 

Regards

 

ims

[dunningd2]

Hi ims,

There are certainly charges on other accounts that I have with other lenders, but I cannot find any paperwork for EGG.

Perhaps what I need is a "Roadmap" to enable me to explore this approach with all my creditors. Any suggestions?

[ims21]

Hi

 

OK....credit card companies levy late payment and over limit fees if either of these events occur. They can be reclaimed with interest as they are deemed unlawful (Note NOT illegal).

 

If you look around the bank forums you will find a whole host of information and threads concerning the reclaiming of such charges.

 

If you have all the statements, great....you can start your claim straight away.

 

If you don't have all of the statements you need to send a Subject Access Request (SAR) to a lender. This is a formal request under the Data Protection Act and should yield, amongst other things, a full transaction history of the account. There is a statutory fee of £10 and the lender will have 40 days to comply. From the information that comes back, you can prepare and quantify your claim.

 

The general process from then is

 

1 -> Submit claim to lender demanding refund

 

2 -> If they don't pay then you send another letter threatening court action.

 

3 -> If theys still dont pay you issue in court against them.

 

One of the best places to look for information is in the Barclaycard forum both for ongoing claims and the "Successes".

 

Be aware that if you want to get these charges back, court is the way forward but you do have to be fully prepared to stand in front of a Judge as a claimant and present your case. Despite the fact that some lenders cave in before getting into court, you MUST be prepared to take it all the way.

 

I would recommend a lot of reading and research on this site so that you become fully familiar with the processes.

 

Best regards

 

ims

[dunningd2]

Hi ims,

Thank you once again.

I have been encouraged recently by a friend who last week had an £8000.00 loan with Natwest written off. She is using the services of a company who look at your debt and charge a percentage of any monies reclaimed. I thought that I would attempt to do this myself and avoid having to pay someone else. Why have this company been successful in having this loan written off and would I be able to achieve a similar result?

I will do as you suggest regarding Late payment and overlimit fees.