DCA can not provide CCA - Citibank card started sometime in 2006 /2007.

[Palmers]

Hello,

 

I am looking for a bit of help regards a number of debt problems I have. However so as not to confuse (me mostly) the matter, I will put up a number of seperate posts.

 

In short back in 2009 I defaulted on a Citibank credit card for around £3500.00, after intially sticking my head in the sand, I have been trying to sort my self out for the last couple of years.

 

I had been paying Capquest £65 per month as they had brought the debt , my credit file confirms this.

 

However I am now paying only £5.00 per month as my circumstances have changed again.

 

I now owe £1900 and made a offer to settle the account. I asked for a full and final settlement for £700 which they stated they would accept however stating they would only mark my credit file as partially satisfied.

 

What do people think about this, should I agree to my Credit file being marked as partially settled. Will this cause me problems in the future, ie can they sell the rest of the out standing balance to another DCA.

 

I have been speaking to Capquest on the phone, though I seem to keep getting their south african office and they are quite difficult.

 

Any advice

[ims21]

Hi

 

If they are only going to mark it partially satisfied then you can bet your life the balance will be flogged on to another bottom feeder in the future.

 

Have you reclaimed any unlawful charges and perhaps PPI on the account so you know exactly what is due?

 

Others will be along to help you too.

 

Thread moved to Debt Collection forum

 

ims

[intend]

Have you asked Crapquest for a CCA - probably won't have it - should then be able to put the account into dispute. I recently had an account sold to them - sent off for CCA and all gone silent for a while.

 

Intend

[intend]

Writing only - most on this site would not recomment speaking to them unless for "sporting purposes" only!!

[ims21]

unless for "sporting purposes" only

 

I like that

 

[Palmers]

Hi thanks, for the reply, prety sure there was no PPI on the card, Just one more question, what about if they confirmed in writing that the remainder of the debt will not be sold on, if they are not prepared to do this do you think its best to just continue with my monthly five pound payments

[ims21]

Hi thanks, for the reply, prety sure there was no PPI on the card, Just one more question, what about if they confirmed in writing that the remainder of the debt will not be sold on, if they are not prepared to do this do you think its best to just continue with my monthly five pound payments

 

 

What about unlawful charges such as late payment and over limit fees etc? If there are any you should really look at getting those back before thoughts of a F&F

 

What a DCA says and what they do are, in my opinion, completely separate things.

 

I would be going for an entry of fully satisfied/settled but doing any reclaim first.

 

ims

[Palmers]

Hi thanks for the reply, sorry but what is a CCA and how would I send one.

 

FYI Capquest initially offered me a considerable discount on the debt but now dont repond to my letters , ( I made a full and final offer)

[Palmers]

Cheers for the reply. I have no idea how I would go around checking for unlawful charges such as late payment and over limit fees etc. (the debt was originally with Citibank)

 

FYI Capquest did initally offer me a considerable discount on the debt but no wont correspond with me, ie i sent a F& F letter to them but got no reply

[ims21]

Hi

 

Have you got all of the statements for the account?

 

If not send Citi a Subject Access Request to get all the data relating to this account.

 

Template is here http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

The cost is £10 and they will have 40 days to comply.

 

From the information that comes back it should be possible to establish what unlawful charges were added to the account and you can then prepare a spreadsheet to show what you can claim back.

 

A CCA request is made under the Consumer Credit Act and is used to get CQ to provide a copy of the agreement, terms and conditions and a statement of the account.

 

Template is here http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter and the cost is £1.

 

They will have 12 + 2 days to comply.

[Palmers]

Hi, thanks for the prompt reponse, I will send a CCA request to CQ.

 

Should I stop my monthly payments to them, and what happens if CQ can not provide the information, cheers palmers

[ims21]

If they cannot provide the paperwork you can stop paying until they do as the account will be in dispute.

 

Also do the SAR to Citi.

 

Depending on the amount of charges and the interest on them that you can claim back, you might not owe anything

[Palmers]

Hi thanks for the advice again.

 

I have sent a CCA to CQ now and am waiting for a reply.

 

In regards the unlawful charges or possible PPI, who decides is a unlawful charge has been addded tot he account? So a SARS request is the starting point for this, when I get this how do I knopw if there are unlawful charges on the account?

 

Many thanks in Advance

[ims21]

Charges for being late with payment and/or overlimit are deemed unlawful and can be claimed back with interest.

 

Do some reading around the bank forums and you will see what I mean.

[Palmers]

Cheers will do a bit of research, thanks for the prompt reply again.

[ims21]

This is a good thread to read

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**(3-Viewing)-nbsp

 

 

Basic principle is that the charges do not reflect a true pre-estimate of their costs and thus are a penalty.

[Palmers]

Hi, looking for some advice. I sent the CCA request to Capquest by recorded delivery on the 7/7/12. I had a letter aknowledging my request on the 12/07/2012. The letter stating that my request had been sent on to their client and will sent to me when received.

 

The debt is theirs as they purchased it from Citibank! They are also shown on CRA

 

Not sure where to go from here, is the account now in dispute if so is it best to continueing making the token payments I am at the moment?

 

Many Thanks in advance

[Palmers]

I sent a CCA request to a DCA on the 11/07/12 by recorded delivery.

 

A response was sent back to me on the 12/07/12 stating that a copy agreement had been requested from their client and will be sent to me when received .

 

The deby was originally a Citibank card started sometime in 2006 /2007. Though the debt is recorded on my CRA with the DCA.

 

From Tuesday that will be 12 + 2 since they received my request. if I have not heard anything from then is the account in dispute and should a follow up letter be sent.

 

Im also a bit confused, as im aware that the debt still stands and is collectable, however if they cant provide the CCA does this mean they can not put a CCJ on my CRA (however the account is already defaulted!

[BRIGADIER2JCS]

Hi which DCA is this?

As it stands you are correct that the debt cannot be enforced in court.

In a large number of Citi accounts that have ended up with 1st. Credit

for example Citi have produced reconstituted agreements and have

enforced using them.

[Palmers]

The DCA is Capquest and according to my CRA they own the debt, cheers for the reply

[dx100uk]

three threads merged on same debt

 

KEEP TO ONE THREAD per debt please.

 

dx

[dx100uk]

as they offered a discout

 

you need to discover WHAT it is

 

could be PPI

 

could be PENALTY charges

 

or BOTH

 

or

no paperwork.

 

me thinks you've been cash cowed.

 

dx

[BRIGADIER2JCS]

The DCA is Capquest and according to my CRA they own the debt, cheers for the reply

 

 

How old is the account?

When did you stop paying.

[Palmers]

Defaulted on debt March 2009, debt sold to capqest late that year.

 

Strated paying Capquest in late 2009 and have been paying them sincem, had cleared about half of £3500 debt but cirumstances changed again and am paying only £1.00 at moment.

[Palmers]

pretty sure there was no PPI as I got burnt with that years ago and have attempted to steer clear since