HBOS Crfedit Card debt - sold to Capquest - CCA return suspect?

[SJP37]

Hi everyone, I would appreciate some help.

 

I received a threatening letter from Capquest recently which I duly responded with an SAR.

 

My suspicions are with the copy of the CCA that they have sent through.

 

It has all account transactions info from 2007 but there is a "received" stamp on the front that is dated 2004??

 

the copy does have my signature in the relevant box, albeit very faint,

but it has not been dated by me which is something I would not do.

It seems to me that there is something fishy with this.

 

can anyone give me advice on how to tackle this or if something similar has happend to you.

 

Many thanks,

 

SJP37

[BRIGADIER2JCS]

The SAR should have been sent to the original creditor not Capquest, are there all the Ts & Cs included.

[dx100uk]

whats the debt please and what does your cra file say about it?

 

when was YOUR last payment toward it too?

 

dx

[SJP37]

I did back in 2009 and all they sent were T&C's which I obviously queried.

 

Then they just sent the same as Capquest,

which looks like a signed application form as explained above,

undated by me but with a date stamp of Sep 2004.

 

I would like to add one other thing.

 

Just prior to the inital threatening letter from Capquest,

I did receive a letter which at first glance looks like it has come from BoS (the original creditor)

but the logo of the letter head looks like it has been scanned and there is a faint blue line running down the left and right hand edges and looks odd.

 

The letter looks like it has come from BoS to tell me that they have assigned and transfered all of their rights to Capquest

but the way the letter reads it's as if Capquest have drafted the letter and scanned the BoS letter head on it which looks fishy to me.

 

What do you think?

 

Regards,

 

SJP37

[SJP37]

whats the debt please and what does your cra file say about it?

 

when was YOUR last payment toward it too?

 

dx

 

It's a Credit Card debt but not sure what my CRA file says.

 

Last payment was back in early 2009 I think.

[dx100uk]

I did back in 2009 and all they sent were T&C's which I obviously queried.

 

Then they just sent the same as Capquest,

which looks like a signed application form as explained above,

undated by me but with a date stamp of Sep 2004.

 

I would like to add one other thing.

 

Just prior to the inital threatening letter from Capquest,

I did receive a letter which at first glance looks like it has come from BoS (the original creditor)

but the logo of the letter head looks like it has been scanned and there is a faint blue line running down the left and right hand edges and looks odd.

 

The letter looks like it has come from BoS to tell me that they have assigned and transfered all of their rights to Capquest

but the way the letter reads it's as if Capquest have drafted the letter and scanned the BoS letter head on it which looks fishy to me.

 

What do you think?

 

Regards,

 

SJP37

 

that'll be the Notice of Assignment [they've sold the debt]

 

its quite usual for the buying DCa to use 'copied' letterheads

[dx100uk]

It's a Credit Card debt but not sure what my CRA file says.

 

Last payment was back in early 2009 I think.

 

well you need to find the reason why its been sold then.

 

could be the CCA issue, you say 2004 sig? so its your card

you just stopped paying BOS because you think they didn't have an enforceable CCA?

 

you have the SAR

 

you need to see how much the balance is PENALTY charges & PPI.

 

which when you add their int rate to EACH payment/penalty

might well wipe the debt.

 

can you can up this 2004 'agreement'?

 

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

but leave all monetary figures and dates.

.

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

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

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

.

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

[SJP37]

well you need to find the reason why its been sold then.

 

I'm guessing because all the other DCA's gave up.

 

could be the CCA issue, you say 2004 sig? so its your card

you just stopped paying BOS because you think they didn't have an enforceable CCA? Correct

you have the SAR Yes

 

you need to see how much the balance is PENALTY charges & PPI. Balance is just over £10k, no PPI unfortunately.

 

which when you add their int rate to EACH payment/penalty

might well wipe the debt.

 

can you can up this 2004 'agreement'? I will try and do this, leaving out the obvious bits.

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

but leave all monetary figures and dates.

.

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

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

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

.

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

 

 

Have answered your points above.

 

Thanks,

 

SJP37

[dx100uk]

£10k!!

 

there a very good reason they've sold it then.

 

must be the agreement

 

they don't want to do court

 

so let CQ do it.

 

dx

[SJP37]

£10k!!

 

there a very good reason they've sold it then.

 

must be the agreement

 

they don't want to do court

 

so let CQ do it.

 

dx

 

And my options are?

[dx100uk]

let us see the agreement?

 

seems like you are well vested in these matter

even done court too?

 

dx

[SJP37]

Hopefully you can see the agreement attached.

 

As for being vested in court matters that is not the case, just followed the good advice on this site.

 

SJP37 Bank of Scotland Application Form.pdf

[dx100uk]

you'll have to remove the name of the bank as the tag upset the attachment names

 

dx

[SJP37]

Apologies, sorry for the dealy and is now attached.

 

Regards,

 

SJP37

[dx100uk]

that's an application form...

 

T&C's anywhere/

 

dx

[SJP37]

Well they did send copies of what seems to be their standard T&C's but not sure that they relate to this 'application/agreement'?

 

SJP37

[dx100uk]

you'll have to scanthem too

 

theres usually dates around the edge

 

or it talks of PENALTY charges levels

 

if it says £12 its after the test case of 2006

 

I think

dx

[SJP37]

The T&C's are at home, there's no 'dates' round the edges but cannot say if there is any mention of the £12 penalty charges.

 

Will revert tomorrow.

 

SJP37