Me v Capquest EGG card

[woodwa5]

Thanks again

[katedog]

Opening up a new battlefront on Egg-Capquest exchange of your info could delay refund of penalty charges. If the junior clerk logs this as a bundle of many disputes, your file may go to the bottom of the basket, and until all points are agreed no action may be taken. Better to get paid first, then battle stations for Round Two. The key point is that if Egg paid Capquest but not yourself, then Egg remains liable in court to pay out a second time. The court does not recognise payments Egg made to Uncle Tom Cobley when their obligation is to refund your good self.

 

Statutory Interest is at 8% per annum, which Egg has always conceded. So if the average age of the charges were two years, then total interest is 16%.

 

Good luck.

 

Any advice re this would be helpful.

I'm in a similar boat where Barclayshark have now paid refunded charges to a DCA even though the account is sold to DCA and is now disputed (there is no cca) I sent Barclayshark loads of letters telling them they couldnt and are breaching data protection etc but they paid it anyway.

 

I've sent a complaint to FOS but got no reply yet, so any legal arguements would be appreciated.

 

KAtedog.

[Mistermind]

Katedog, if you expect a long history ahead, then best start a thread in Barclays CARD (not bank) forum. Getting 2 cases mixed up does not help readers, and somebody will have been in your exact situation if you discuss it in the right forum, where you will get info on the form of Barclaycard management.

 

If your card is not closed but ongoing, it would seem very difficult to resist a move to refund into same. But if you have evidence your card has been closed (not passed to DCA for collection) then you have a legal relationship with the DCA but not with Barclaycard. You debt owed to DCA is a separate legal obligation for which you can be sued.

 

You can make all the serious moves and file the court papers and show Barclaycard same, see how they respond. Barclaycard levied unlawful charges on your account with evidence in black and white. They cannot arbitrarily refund into your gas bill or into the DCA. They remain legally answerable to you just as you are legally answerable to the DCA.

 

I cannot see how it will help your charges refund, if before the completion of refund you allege that due to irregularies of CCA paperwork the debt ought not be legally enforced. If so why should the charges reclaim judge help you to enforce your reclaim based on an account agreement which you say the law should not recognise?

[woodwa5]

i have sent a rejection to egg and await their response, thgey are still missing one charge, i know it's petty but all the same

[woodwa5]

XXX I WON XXX

 

I sent the letter from post 24 and they have relented. I got a letter saying they will pay the full amount and will transfer it straight into my account via BACS:D

[steven4064]

Great news - well done

 

(Thread title changed to match )

[Mistermind]

Well done, the triumph of persistence over waffle.

 

 

Claimants 108 - Egg 1

Edited August 7, 2009 by Mistermind
typo

[woodwa5]

I have received a threat from capquest that they are preparing a statutory demand which they will send me on 14th September

unless i pay them 3k (which won't happen as i haven't got it).

 

It is based on an Egg credit card from 2004 which i was paying them £50 per month on until recently but now can't afford it.

 

I have seen the arguments about enforceability of egg credit card agreements on here for a while and mine falls into exactly the same category as the rest

- what should i do.

 

I CCA'd CAPQUEST SOME Time ago and got the credit agreement and that is where i am at

 

HELP!!!!:?

[woodwa5]

I have received a threat from capquest that they are preparing a statutory demand which they will send me on 14th September unless i pay them 3k (which won't happen as i haven't got it). It is based on an Egg credit card from 2004 which i was paying them £50 per month on until recently but now can't afford it. I have seen the arguments about enforceability of egg credit card agreements on here for a while and mine falls into exactly the same category as the rest - what should i do. I CCA'd CAPQUEST SOME Time ago and got the credit agreement and that is where i am at

[twofoot]

Do not ignore the threat. If they issue one you must defend it and I suggest you use CPR to get the agreement. It's very unlikely that anything would go against you with this one.

[woodwa5]

I have the agreement which I am pretty sure is unenforceable (according to the lot on the egg forum). I am guessing the next move is to tell them that i am challenging the legallity of the agreement

[IdaInFife]

can you scan the agreement and post up using photobucket, delete any personal info

 

ida x

[Undercover-Elsa]

Hello woodwa5,

Sorry to hear about this..bumping it up for you. Wonder if you'd be better getting this moved to the Legal Section?

I'll ask a mod to check it out for you

Elsa x

[Duffers Mum]

If you receive a statutory demand, make sure you apply to get it set aside straight away...its very straightforward and there will be plenty of people on this site to help you...they helped me, I got the SD 1st Cretins sent to me set aside and costs awarded against them, (which they did pay) not heard anything from them in almost a year now.

 

Good luck and don't worry

[citizenB]

Have moved to legal issues for specialist assistance, site team aware.

[Undercover-Elsa]

CitizenB you are an angel, as always

Elsa xx

[woodwa5]

Well I am sending a response to Capquest and it is as follows:

 

Dear CQ

 

Thank you for your recent letter sent to me dated 1st September 2009, the contents of which are noted.

 

As you are aware I made a request to Capquest in February 2008 I made a formal request pursuant to s.78(1) of the Consumer Credit Act 1974 which required you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. On 16th April 2008 you sent me your response together with some paperwork from Egg. Unfortunately egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3).

 

As a result I still dispute any alleged agreement and do not acknowledge any Debt to Your Company.

 

Should you issue me with a statutory demand in relation to this allegation then I will seek to have it set aside and pursue your company for costs.

 

I look forward to your favourable reply within the next fourteen days.

[woodwa5]

A couple of typos but you get the idea;)

[woodwa5]

I have penned this response:

 

Thank you for your recent letter sent to me dated XX September 2009, the contents of which are noted.

 

As you are aware I made a formal request to Capquest in XX February 2008 pursuant to s.78(1) of the Consumer Credit Act 1974

which required you to provide me with a true copy of the credit agreement relating to the above account,

together with any other documentation the Act requires you to provide.

 

On XX April 2008 you sent me your response together with some paperwork from Egg.

 

Unfortunately egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974

and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65.

 

However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is)

as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983,

the court would be prevented from granting such an order by virtue of s127(3).

 

As a result I still dispute any alleged agreement and do not acknowledge any Debt to Your Company.

 

Should you issue me with a statutory demand in relation to this allegation

then I will seek to have it set aside and pursue your company for costs.

 

I will also be compelled to contact various agencies including (but not exclusively) the OFT, the FSA and the Information Commissioner.

 

 

 

I look forward to your favourable reply within the next fourteen days.

[woodwa5]

I am currently paying back £50 per month on an egg credit card debt now owned by Capquest.

 

I have paid every month bar 1, last November when I missed a month because I was skint.

 

Over the last week I have started getting phone calls from them.

I answered one to tell them to go away when they told me they had written 29 times and I hadn't responded.

 

Now that's clearly utter rubbish as I have received no correspondance from them since 2011.

 

I answered the security questions (I know, I've been stupid)

and the first thing they did was say I owe them £5200.

 

Now I know the debt on transfer was £3955 and I have paid a good £1500 off that.

How on earth can it still be so high?!

 

My plan is this:

1) never answer the phone to them again

2) write a letter of complaint regarding 29 'lost' letters and them being careless with my personal information

3) request an up to date statement of account

 

What interest rate are they aloud to charge? The account was defaulted when they purchased it

 

I know it's a lot if questions

 

Thanks

[intend]

Definitely stay off phone. Are you sure Capquest own the debt. Need to check your CRA file. Send them a CCA request - might shut them up. Is £50 affordable - if not reduce now and tell them what you will be paying

 

Others will be along shortly.

 

Intend

[dx100uk]

i'd CCA them!

 

how did crapest get you to pay - threat-o-grams?

 

i'd look at reclaiming too. PENALTY charges/PPI?

 

how old is the card too

 

dx

[woodwa5]

This card became defaulted in about 2005.

 

I CCA'd Capquest in about 2009 and got the original agreement etc from Egg.

 

I reclaimed about £260 in charges from Egg at this time so this will still be added to the Capquest debt.

 

I was bullied into making payments to Capquest when they sent me a statutory demand.

 

The card was opened in about 2002 btw.

I don't ever remember seeing a notice of assignment but that doesn't mean I haven't been sent one.

 

£50 per month is just about affordable but I am just really concerned that this debt is still £1300 more than the bought it for,

 

Thanks

 

Woodwa5

[woodwa5]

It doesn't show up on my credit record btw. It dropped off about 2 years ago as it defaulted in 2004

[dx100uk]

ok i've merged a couple of old threads for the history here.

 

whatever happened about the sd

 

did it turn out to be just a threat?

 

as for the un-en, did that ever go anywhere?

 

dx