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    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
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Danny27404

CackQuest & home retail Group debt

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Hello im going to cut a long story short.

 

1. Debt with home retail group

 

2. Home retail group pass debt onto cackquest

 

3. Home retail group DELETE their records from my credit file

 

4. Cackquest open a new entry with DEFAULT

 

5. Been as it is cackquest that has enterd the default should there first letter not have been to issue me with a default notice and not hello you owe us?

 

I told Experian and Equifax and there looking into it saying that cackquest should have sent me a letter. Now im only talking to a phone line operative not the guys in the basement am I right and got a good chance of having the default removed?

 

Cackquest are upset anyway because they bought the debt and have to stack it ontop of another debt that is due to be paid in 2019 with this ontop they get all their money in 2026 but they have my letters declaring severe debt and agreed that the re payments will never change :D Im paying the debt back not avoiding it please understand that. I was just wondering if I managed to avoid a Default altogether.

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i would suspect HTG defaultd it when they sold it.

 

it usual for a debt to vanish whilst its purchased sometimes.

 

tell us about all your debts

 

paying a small token payment rather than leaving it to drop off might be harming you.

 

dx


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I am paying no interest or charges on any money I owe I got that frozen.

 

IVA or bankruptcy is not a option

 

I have planned all my finances out and a firm believer in I got myself in the mess ill get out of it.

 

Credit Files However I hate.

 

I hope to be better off one day and pay the debts back faster and move on with my life.

 

Even if HRG delete the entry for a NEW entry to be added and marked as default by a separate company

in my understanding of the procedures Cackquest have to send me a letter to back up the Default on my file.

 

Otherwise HRG issued the default 7 months ago and now im going to be harmed for 6 years 7 months. They have extended the default which I think is like a sort of punishment?

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please list your debts and the owners on the CRA file and the default dates.

 

dx


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I'm working on a number of HRG debts at the moment Dx is correct the account will have been defaulted prior to sale, not seen one that hasn't.

 

Do you have access to archived CRA reports?

This is not a new entry just an up date of HRG's original entry.

So unless the original default date has been changed this is all in order.


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I have no archived but then maybe your right they just changed the name from home retail group to capquest. My Experian report is down until tomorrow (update of address) and my Equifax is the one im going by it does say the entry was made on November 27 2012 no payment history etc just opening with the default. I do not want to list my debts I was just after advice on this default so looks like it is legal. I will definitely post back tomorrow I can understand my Experian report much better than Equifax.

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Yes Danny, this all indicates these are up dates of original entries.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Update:

 

They sent me the CCA as it was a online agreement there is no signature just my name printed.

 

I have asked them for a statement and told them that until I am satisfied of the amount i will not be making a payment

and seen as i have another account i am paying back with them with a financial hardship attached to it

they will most probably have to add it to the queue.

 

Experian and Equifax looked into the entry and said that the name has been changed as cap-quest are now in charge.

 

SO if this means they own the debt should they not have sent me a letter saying so?

 

Whilst i have been waiting for the letter to arrive i was getting calls from a Tracing Company employed by cap quest to check my details

and i refused and said they had my details sorry.

 

They told me "we will ring everyday until you do"

 

o i did reply i will add you to my call barring program sod off.

 

The calls stopped now which is good i can sleep beyond 8am on my days off.

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get an SAR off to HRG

prob 90% of the bal isPENATLY charges/PPI

 

can you please list your other debts

 

dx


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Debts are as follows:/

 

Natwest 8,500 o/d was 7,500 Defaulted nov still arguing like mad over the default.

Capquest Egg, 1,800 defaulted 7 years ago removed from file still paying.

Capquest Homeretail Group: Default balance: £356 Capquest + HOme retail group charges added now £1108

Virgin: £103 defaulted paying in a few weeks to get default marked as (s) so thats 1 down.

 

Oh and i got a letter with 2 lines on it from cackquest we now own the debt.

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try bcobs complaint on natwest if after nov 2009

CQ EGG - have you ever CCA'd CQ?

CQ argos CCA them + reclaim all the charges!!

virgin - ask for the default to be REMOVED as condition of settlement

else paying and marking as settled/satified is wothless waste of money.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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try bcobs complaint on natwest if after nov 2009

CQ EGG - have you ever CCA'd CQ?

CQ argos CCA them + reclaim all the charges!!

virgin - ask for the default to be REMOVED as condition of settlement

else paying and marking as settled/satified is wothless waste of money.

 

dx

 

I looked at the bcobs for natwest.

 

what happened with natwest was i got into difficulty and i phoned and said as long as i stay in my OD but dont make any payments will i be ok to leave it and the phone operative said yes.

 

So i did

 

5 months later the accounts closed and natwest send letters asking for the lot back immediately.

 

Which they are well withing their right to do.

 

However i told them about the conversation i had with the telephone operator and they said that they will look into it..

. in the mean time i get collections harrasing me with calls and i said i will make a token payment until the matter is resolved

as by now i was getting huge charges been added on and then the DEFAULT whilst the account was being investigated.

 

Well i gave up as they said they were no longer dealing with me as i refused to make larger payments than they wanted

and that they were in no way legally obliged to take a payment from me unless its what they want.

 

I kept making and still make the token payment into the account.

 

And i get phone calls from this collection agency saying i must stop paying natwest and pay them.

 

I told them i will keep paying natwest as the debt it with them and not the DCA ( i will get name next time they ring).

 

The egg debt is 7 years old and Capquest cannot get any information for me and neither can egg

i was going to reclaim charges but cannot get the info. I tried years ago.

 

And i will ring virgin when i get home see what they can agree to.

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***UPDATE***

 

Natwest are re investigating and are not happy with their collections sub contractor and the way that i say they handled the case.

 

Cackquest 28 days on sent a letter saying they are still waiting for paperwork to prove i own the debt. (They sent a letter saying they own the debt a few weeks back) Here is hoping they cant find the paperwork and there stuck with the debt.

 

Virgin Agreed to remove the default for full payment.

 

Egg cannot produce any form of paperwork let alone statements to claim ppi back - What do i do here?

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Update. Natwest removed default after a letter of apology and given indefinite time to repay aslong as I pay something each week.

 

Virgin definitely removed default.

 

Cackquest bought the debt but cannot provide any paperwork and apparently home retail group have nothing to do with it.

 

So does that mean I can force Cackquest to remove the default from my credit file until they can provide the paperwork? It has been nearly 3 months now. If I can how do I do this?

 

Thanks for your help so far credit score gone from 98 to 532 what a difference this has made.

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I doubt crapest put the default on

they inherited it when the brought the account

 

the OC is your target

 

dx


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I agree with dx it will be OCs default inherited, Capquest have been known to refer default queries to the OC.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Ok but the default is now in capquests name and the OP is saying they got nothing to do with it now its been passed over.

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it would be more focused and less confusing if you split this one off the others

and create a new thread for it

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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