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capquest - old sky/monument/BC credit card

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I am a long time reader of these forums and have gained some very help full advice from them.

I have looked for an answer to my query all over the forums but not got a definite answer,

so here it goes. I also hope I am posting in the right place.:oops:

 

I have been paying cap-quest for a credit card debt on and off for almost 6 years and regularly £5.00 every month for over 2 years.

It dropped off my credit file last year.

 

I have not received a single letter off them or account status/statement in over 18 months.

 

The last I heard from them was when they turned down an offer I made as a full and final settlement

(I came into a small amount of money and managed to pay off all but two debts)

 

they told me It did not matter if the default dropped off my file they would just keep it on my file

(I know this was incorrect from reading other forums)

and I had to keep paying them for ever or until the debt was paid.

 

so what I am basically asking is

 

1. Do I have to keep paying them for ever or can I just stop and ignore there threats and hot air?

2. are they suppose to send me an account statement on regular basis if so are they in breach of any thing I can use against them?

3. If I do stop paying are they likely to apply for a CCJ? as if this is the case i would rather keep paying them as only got 18 months till all my defaults are off my file.

 

I know some of this is in other forums I just need to clarify things on my situation so it clear in my head.

 

Hope some one can help.:???:

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1. If you dont pay they could still apply for a CCJ. If the debt is statute barred then you don't have to pay.

2. IIRC guidance says they must send you a statement of account at least once a year. You can ask at any time for one, and they should give you one. You can also send a SAR which will give you all info they hold on you.

3. Most do, but not all do. It's the luck of the draw, but saying that, many DCA's and creditors are taking debtors to court more often now.

 

In short, if the debt is legit and not filled with bogus charges or it isn't Statute barred, then you should continue paying. It sucks, but thats one of the downfalls of being in debt. You could ask them to consider a settlement offer though, although if they accept, you have to get certain conditions agreed in writing.

 

If a DCA owns the debt, they are much more likely to accept, but if a DCA owns the debt, you have to be hunting down the reason why they own it. Never pay a DCA unless the debt is 100% legit.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Have you got any charges on the debts you have paid off or on the ones you still have if so you need to claim them back,also check for ppi.

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I have claimed PPI back from one loan(only one I had it for). not sure if there are any charges on my cap-quest account will this show in the SAR? am I entitled to refund of charges or is it just a speculative request? is it worth sending SAR to all paid off debts or can I just write to them?

 

Think i might stop paying see what happens can always start paying £5 month again.

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Thank you for the speedy replies:-)

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I just re-read the thread.

 

I have been paying cap-quest for a credit card debt on and off for almost 6 years and regularly £5.00 every month for over 2 years

 

It REALLY sounds like you are being cash cowed. Capquest are well known for doing so, and wont accept £5 a month for almost 6 years unless the debt was a lemon debt.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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CCA Request to Capquest?


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CCA Request to Capquest?

 

Think I may have done that already but done so many with debts and lost all paper work in flood. worth another try.

 

Is it still £1.00 p/o for a CCA

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Yep, still £1.

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Seen ppl getting cash cowed on other threads. So i basical ignore them to see what they got or do I CCA and SAR them and make a decision from there?

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First step is to CCA them. Capquest rarely have the full paperwork needed to enforce any judgement. Since yours is a Credit card debt, it is probably full of penalty charges which is why crapquest have been happy to keep you paying for 6 years.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Okay I will get onto it after feeding the hungry brood. If my memory serves me correctly I am sure they were the ones that just sent me a blank CCA and asked me to sign it with a copy of my t&cs ( I did not) and quoting some court case or other.

 

Will up date if and when I get a reply.

 

Thanks again for all the help so far.

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If my memory serves me correctly I am sure they were the ones that just sent me a blank CCA and asked me to sign it with a copy of my t&cs ( I did not) and quoting some court case or other.

 

You've been cash cowed. For the last 6 years.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Dont pay any more untill you have CCA

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If you have been making payments, then the Statute of Limitations will not apply.

 

It starts from the first missed payment

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA isextending limitation so they can sue when they are not allowed to.


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ok I have sent CCA today. will update when I receive a reply.

 

Again thanks for advice so far.

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One important point still to remember if no party has already started a court claim the Limitations Act 1980 is clear that no such action can be taken after 6 years have elapsed since the cause of action i.e. the default.


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Brig the above is incorrect if you are referring to Tort..Tort is not a credit agreement , in common law jurisdictions, it is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor.

 

Although crimes may be torts, the cause of legal action is not necessarily a crime as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages. In order to prevail, the Claimant must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict.

 

So I think you are confusing it with the 6 year period since default/incident...which applies in other Torts once that period has expired...which is not the same under Credit Consumer Law

 

You are correct on your other point but there is no judgment here and therefore nothing to execute.As hes been making payments without a 6 year gap its not statute barred either.

 

Regards

 

Andy

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Brig the above is incorrect if you iare referring to Tort..Tort is not a credit agreement , in common law jurisdictions, it is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor.

 

Although crimes may be torts, the cause of legal action is not necessarily a crime as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages. In order to prevail, the Claimant must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict.

 

So I think you are confusing it with the 6 year period since default/incident...which applies in other Torts once that period has expired...which is not the same under Credit Consumer Law

 

You are correct on your other point but there is no judgment here and therefore nothing to execute.As hes been making payments without a 6 year gap its not statute barred either.

 

Regards

 

Andy

 

Indeed so LA 1980 Part 1 (5) is what I should have quoted.


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Indeed so LA 1980 Part 1 (5) is what I should have quoted.

 

Well lets look at LoP 1980 PT1 (5)

 

:- 5 Time limit for actions founded on simple contract.

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

But you must also consider PT1 (6)

 

:- 6 Special time limit for actions in respect of certain loans.

 

(1)Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.

(2)This section applies to any contract of loan which—

(a)does not provide for repayment of the debt on or before a fixed or determinable date; and

(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.

(3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

(4)In this section “promissory note” has the same meaning as in the Bills of Exchange Act 1882.

 

Regards

 

Andy


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Hi

got the CCA back today with letter.

 

They provided the correct signed CCA.

 

Letter states account still in default and the full balance is payable.

 

then gives me a balance of £3804.86 which is I think at least a couple of hundred more than when I offered them a payment as full settlement 2 years ago,

which they turned down point blank they claim I have paid £207.00 to them.

 

What would you recommend now.

 

Are they in breach as not had an account statement for at least two years?

 

What is the outcome of the discussion that took place above about court action needing to take place within 6 years?

 

The legal bit lost me a bit?

 

Any help would be gratefuly recieved.:???:

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You may find that the debt is loaded with charges which you can claim back that will reduce the debt,if you are in financial difficulty tell them you will only pay what you can,if pound a month so be it.

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So do i send them a sar to find out how much charges they have put on?

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who is the original creditor please

 

dx


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So do i send them a sar to find out how much charges they have put on?

 

yes but to the OC.

 

dx


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Reclaim mis-sold PPI Read Here

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