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capquest..next directory


loub
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hi there everyone, i received a letter from capquest approx 2 weeks ago instructing me of ccj action

 

i wrote back asking for a copy of my credit agreement for this debt.

 

i opened the account in approx 2003/2004 and the last payment on the account was approx 2009/2010.

 

they sent me a copy of the agreement.

.. but unsigned.

...it has my name printed at top with address and account number,

they sent me 2 copies of these... both unsigned and no date

 

i have checked my credit reference agency file and it doesnt appear on there either

 

just wondered if someone could advise me on the next step to take

 

i have apparently till the 22nd september as they are putting account on hold till then or so they have instructed me

so need to take whatever course of action tomorrow, latest saturday morning

 

help lol

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Did they inclose the application form and full terms and conditions? T&C's at inception and at closure of the account.

 

You also need to stay off the phone and stop playing letter tennis with them.

 

Can you give more info on the debt? Amounts, specific dates, Charges/PPI/other insurances etc?

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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Hi loub,

 

I've moved your thread to the Debt Collectors Forum.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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no application form enclosed, i actually opened account online, credit agreement wasnt sent to me at time of opening, nothings has ever been signed...

basically terms of how account works

 

not spoken to anyone on phone, just recievd letters

 

not sure on dates to be honest, i know my son was baby which is why i know i opened approx 2003/2004 and i could no longer pay debts when i left work in 2009 so last payment on account was not long after i left work

 

the amount of the debt is £217.00

 

i have no information regarding ppi and interests etc

 

i will try upload the letter

 

thanks scot... i get confused with all different forums and cags etc lol

 

hope you can read this

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If thats all they have sent, then it doesnt meet the requirements for a CCA.

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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Just send the non complaince letter from the CAG library. Remember though, they can still take you to court if they wanted, they just cant enforce any debt, so the only reason to take legal action would be out of pure malice.

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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I bet you'll have loads of PENALTY £12 fees

 

sar time to Next?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Emmm, I would not be too sure that given this is an 'online' account that this agreement is not enforceable!

 

As dx 100 said a SAR to Next is the best move.

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!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Even an online account cca has an app dorm and t&c's. The cca still needs to meet requirements. They cant simply send a signature box and say to pay.

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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  • 2 weeks later...

hi all, an update on this matter

 

i sent a letter asking for an executable copy of the agreement

 

i cant upload the letter to show you as printer/scanner broke so will write it word for word for you to see

 

' may we refer you to the consumer credit (cancellation notices and copies of documents) regulations 1983

which deal in regualtion 3, with the requirements as to form and content of copy documents.

 

You will see that the judge carey v HSBC determined that a copy of the document provided need not be a photocopy of the original

nor need the copy provided be in the same format.

 

the judge clarfied that a copy of agreement may be reconstituted from other sources as long as it is produced honestly and accurately.

 

we have included another copy of the reconstituated agreement that has been reproduced honestly and accurately from other sources.

 

section 78 of the consumer credit act 1974 and the regualtions provide that the documents provided under section 78

do not have to contain any signatures or signature boxes.'

 

they returned fee and another copy of the agreement unsigned which i had already got 2 of.

 

HELP! what do i do now?

 

surely i am not legally bound by its terms if as not not signed?

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set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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[ATTACH=CONFIG]46756[/ATTACH]

 

hi guys, sorry with the delay in uploading this letter for you to see, been busy bee.

 

I took pic with my phone and uploaded it, hope you can see it okai, i have quoted word for word what was said in the letter in a previous post on this thread if you cant.

 

just not sure what to do next on this matter so any advice is much appreciated :smile:

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Hi Loub,

 

A 'reconstituted agreement' does not need to be signed, it must have your name and address at the inception of the agreement together with the name and address of the creditor at inception.

 

It must have the Ts & Cs as at inception and closure of the account and any amendments made during the life of the agreement together with any other documents mentioned in the Ts & Cs.

 

Such a properly prepared recon will satisfy a section 77/78 request made under CCA1974 and may cause a judge to decide that a liability subsists and the debt is enforceable, especially if the creditor /DCA can produce evidence of usage of a credit facility e.g. payments to they account and for say a credit card or loan drawings and/or purchases made etc.

 

If the agreement was made prior to April 2007 the original or a proper copy of the original agreement is required.

Edited by BRIGADIER2JCS

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!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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okai, this account was opened when my son was tiny so approx 2003/2004...so how do i stand with that?

 

whats the best course of action to take now?

 

sorry with the delays in replies, trying to sort kids out etc

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The Compliance Manager

Capquest.

 

 

 

Ref: use theirs.

 

 

Re: No Compliant Consumer Credit Agreement.

 

Sir/Madam,

 

I refer to the document supplied by Capquest which the company alleges complies with a request made under sections 77/78 of the Consumer Credit Act 1974 (as amended), I am sure Capquest is fully aware that the document provided in now way satisfies my lawful request and it is therefore rejected as it has no merit.

 

I am also sure that Capquest is aware that should it intend to attempt enforcement of the alleged debt via County Court Claim Capquest must produce the original signed and executed agreement or a proper copy thereof as the agreement dates prior to April 2007.

 

Capquests demands for payment are fully refuted and I will not therefore communicate further on this matter unless Capquest provides a fully compliant copy of the alleged original agreement.

 

I will be making a complaint to the OFT/FCA regarding Capquests attempt to mislead me by providing a non compliant document.

 

Please note this letter is not in any way an admission of liability to Capquest for any alleged debt.

 

send by recorded signed for post and check delivery date.

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!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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okai i will get that written up tonight and sent tomorrow, i will keep you informed on this matter, thankyou ever so much for your help xx

 

Happy to help!

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!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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can you pdf that please

 

ans is that ALL you got on the CCA return?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes this is all I got, the letter I put up today with another unsigned agreement, the same as the attachment earlier on this thread, I now have 3 copies of same thing. cus thats all they will send me.

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time to ignore them then

 

get that sar done

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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