Cap1 & CCA return

[vinegarvera]

I could be wrong but I am sure they are the same company.

I have had the same problems.

Neither Egg or Capquest could provide the CCa they then had the cheek to pass it to arc DCA.

Be careful they dont just keep passing it around and if they come to your house politely ask them to leave as they are trespassing, if they refuse call the police.

[wakieblue]

Thanks. How did you resolve your problems - or are they still ongoing?

 

I want the debt to go back to Egg so that I can sort it out with them. I don't dispute that I have the debt, although some of it is charges, but I want to sort it out with the true owner, who I consider to be Egg as I have not received any notification otherwise. I don't want to pay anything to these DCA sharks unless I really have to.

 

Incidentally, I had a letter from ARC regarding my Egg loan around the same time as the LBA from Crapquest. I sent the 'prove it' letter to them and they disappeared. I did, however, then receive an LBA from Equidebt, who I also sent a 'prove it' letter to and so far haven't heard any more from them.

[vinegarvera]

Did you send a prove it letter to Egg?

[vinegarvera]

P.S Do not pay anyone anyhting until they provide a valid CCa or deed of assignment.

See my post Capquest Arc Egg mess (or someting similar) haha.

[vinegarvera]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/107305-egg-capquest-arc-mess.html

[JonCris]

Actually, I can't as I have now reverted to my maiden name and I don't have any proof of identity in my married name! They have previously just accepted the change of name with no question and written to me under that name, so if they want proof of identity now, that will raise an awful lot of questions for someone!

 

Because of the change of name, I've felt secure enough to sign letters as any attempt at a cut and paste job would be so obvious.

 

Forget what I advised. Go ahead & do it as it could result in them shooting themselves in the foot:-D Excellent

[reallymadwoman]

Forget what I advised. Go ahead & do it as it could result in them shooting themselves in the foot:-D Excellent

 

Surely you're not suggesting that I put temptation in their way? Although it had occurred to me that if they're as desperate and as stupid as they seem to have been ....

[The Phantom]

Sorry to butt in on page 435 or so, but I need an expert's opinion

I CCA'd MBNA for my old A&L credit card back in February this year. After complaining to TS in April, I TODAY got a letter from MBNA sending me a one sheet copy of something they think is the original agreement. I will try and post it once I figured out how to do it.

I will do this on my own thread, though

MBNA in default ref S.A.R - (Subject Access Request) + CCA + s85 but selling debt anyway

It is dated 1998 and signed by me, , it is not signed by them, just stamped as received July.1998. It is not headed , there is just a blank black space along the top which probably covers the header "Application for a Credit Card"

They enclosed copies of current statements and new terms of conditions which are from when MBNA took the card over from A&L and already show the new revised penalty charges of £12.-, not the ones from 1998.

Could someone look at it in my thread a bit later, I will advise when it is up and running

 

Cheers

[The Phantom]

OK - I have posted it on my thread - any comments would be appreciated

[MoonHawk]

OK - I have posted it on my thread - any comments would be appreciated

I've replied on your thread along with a sample letter which you can use/edit.

 

Best Wishes

MoonHawk

[patch666]

Hi guys,

 

sorry to hijack this thread, but I have posted on this thread before, basically I'm in a situation which is very good for myself at this moment in time, but I was wondering about the long term issue.............

 

In a nutshell, done the CCA thing, they (Arrow/CBS transcom) defaulted, then I recieved a snotogram from "Copes" sloicitors, told them that no CCA means no enforceable debt, until it is found no more payments will be forthcoming. Heard nothing since 16th June. I then sent an S10/S12 asking to stop processing my data, as they had filed a Default against me. On the 6th August got another letter threatening Court action if I didn't pay before 13th August, again told them to shove it, told the Solicitors to liaise with their client regarding the CCA issue, I then checked my credit file on 14th August and all trace of the default, amount, company address had vanished, dont ask me how, but how can they go from court action one week and then remove all data!!!

 

My question is what happens now, do I take then to court, to get a zero balance, or do I carry on with my life and hope they haven't sold this debt to another DCA, on one hand I'm over the moon as things are getting better in my life, or do I wait for another kick in the bol**cks:o .

 

Any help will be greatly appreciated:)

 

patch666

[dpick]

Hi guys,

 

sorry to hijack this thread, but I have posted on this thread before, basically I'm in a situation which is very good for myself at this moment in time, but I was wondering about the long term issue.............

 

In a nutshell, done the CCA thing, they (Arrow/CBS transcom) defaulted, then I recieved a snotogram from "Copes" sloicitors, told them that no CCA means no enforceable debt, until it is found no more payments will be forthcoming. Heard nothing since 16th June. I then sent an S10/S12 asking to stop processing my data, as they had filed a Default against me. On the 6th August got another letter threatening Court action if I didn't pay before 13th August, again told them to shove it, told the Solicitors to liaise with their client regarding the CCA issue, I then checked my credit file on 14th August and all trace of the default, amount, company address had vanished, dont ask me how, but how can they go from court action one week and then remove all data!!!

 

My question is what happens now, do I take then to court, to get a zero balance, or do I carry on with my life and hope they haven't sold this debt to another DCA, on one hand I'm over the moon as things are getting better in my life, or do I wait for another kick in the bol**cks:o .

 

Any help will be greatly appreciated:)

 

patch666

 

Hi my opinion only if you have this in writing all ok if you have not then I would continue and issue proceeding to have agreement declared unenforceable by the court or by arrow/transcom you may even be able to get court declare agreement void if no paperwork at all.

 

all the best dpick:D

[MoonHawk]

Good result.

 

You can get them to court if you so wish but you have to weigh the potential difficulties against the gain. Six years from the last time you paid them, the debt is statute barred.

 

Even if you take them to court and have the agreement classed as unenforceable or get a letter to that effect, if they do find the original CCA (is this likely?) then it changes everything again.

 

As it has already been discussed on this thread, if they sell your account while in breach of the CCA, they will also be in breach of the Data Protection Act. You could write to them if you wish and remind them, otherwise you may have to go through it all again with another company.

 

Best Wishes

MoonHawk

[reallymadwoman]

Is a company that sells a debt whilst in default of a CCA request really in breach of the Data Protection Act as well?

Oh potential joy! Another one to add to the list! Please, please, please sell my alleged debt to someone, Blair Oliver and Scott!

[MoonHawk]

Is a company that sells a debt whilst in default of a CCA request really in breach of the Data Protection Act as well?

I have found out recently that yes they are (thanks to lookinforinfo and patrickq1).

 

See the extract from the guidelines by ICO in my earlier post.

 

Glad to be a source of joy

 

Best Wishes

MoonHawk

[reallymadwoman]

I actually remember reading this post (or at least the bit about your name) but obviously it's significance completely passed me by at the time.

 

I'm not sure I entirely understand it, but I think that, as the DCA are in breach of a CCA request they are acting ultra vires (which I think means outside their terms or something like that) so passing on personal data would be unlawful?

 

Feel free to correct me if I've got it completely wrong.

[reallymadwoman]

Just a thought in progress as I have found local councillors particularly helpful in the past.

 

As trading standards seem so unwilling to help enforce CCA requests, would it be worth involving your local councillor? Does the local council have any responsibility for or provide funding for Trading Standards?

 

Just done a quick search and answered my own question as my local trading standards is listed under XXX council and the email address is @XXXcouncil. Seems pretty conclusive to me.

 

Anyone want to have a go at drafting a suitable letter? If not, I'll have a go myself when I get to the point where I need it.

[lookinforinfo]

I'm not sure I entirely understand it, but I think that, as the DCA are in breach of a CCA request they are acting ultra vires (which I think means outside their terms or something like that) so passing on personal data would be unlawful?

 

Ultra vires is where they would be acting beyond their [esp. legal] powers.

However the ICO take the view that if they process data while in breach of the CCA, then that is just plain and simple unlawful processing. And as such,

it does not matter how legitimate their interests may be, they cannot process that data.

[reallymadwoman]

Ultra vires is where they would be acting beyond their [esp. legal] powers.

However the Information Commissioners Office take the view that if they process data while in breach of the CCA, then that is just plain and simple unlawful processing. And as such,

it does not matter how legitimate their interests may be, they cannot process that data.

 

Thanks for the clarification.

[maybelline]

Hi, I have looking at the agreement unenforceable due to lack of prescribed terms thing and just realised that I received a photocopy, should it be a true copy or is the photocopy acceptable, I may have asked this a long time ago on this thread and would a judge accept a photocopy?

[JonCris]

When most of us refer to processing data we usually mean either registering a default or passing the debt on to a DCA or even passing data to another lender.

 

Registering any default or advising others, thereby causing them to refuse credit whilst in breach of their statutory duty, (or increase their interest rate) is in effect them attempting to enforce an unenforceable debt in direct contravention of the CCA 1974

[noomill060]

"However the Information Commissioners Office take the view that if they process data while in breach of the CCA, then that is just plain and simple unlawful processing. And as such,

it does not matter how legitimate their interests may be, they cannot process that data."

 

 

This is not my experience of the ICOs position, lookingforinfo.

 

Phone the ICO's office and see what their reaction is to the scenario you describe.

[noomill060]

They will blurt out the Data Protection Act's position and convieniently ignore the CCA "unenforceaable without leave from a Court" bit.

[noomill060]

And of course sending a default notice is a necessary part of enforcement as laid out in CCA, registering a default against an individual with a CRA isnt.

[maybelline]

somewhere and now I cannot find it, I posted the info experian gives regarding defaults, explanations of what they are etc, I am pretty certain they seem to say that it is ok to place a default status 8 on your file for missing three payments, I though that if you were behind with payments this was recorded with a 1,2,3 and so on to show this and then when you paid on time the rest of them showed as 0 if on time.

 

what is the point of having a statement on your website, such as experian do saying you can put a status 8, and that the status 8 means you have NOT reached an agreement and that you are NOT paying and the agreement has been TERMINATED when this is not the case?????????????