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Capquest and Drydens Fairfax chasing old egg debt

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Hi First post here.

I have an old debt with Egg from around 2000 for roughly £2900.

 

I was on a CAB plan paying £1 token payment for a while at the time but stopped paying ,

 

I never heard anything for years and now Capquest own the debt .

 

I think I might remember paying them £10 a month 3-4 years ago for a while but due to financial hardship stopped paying.

 

Though I cant be certain on this as I cant seem to find any details at the moment.

 

They have recently sent me letters again and have refered it to Drydens Fairfax who have given me to the 30th Nov to offer a payment proposal otherwise court action.

 

Which means I`ll have to send them a ltter either today or tomorrow

 

.What should I do , offer £5 a month or something or play hardball.

 

I don't really want a CCJ as I already have one from Drydens at £10 a month for another card debt.

 

I wish I had know of the Statute Barred act before I may(possibly) have paid Capquest 3-4 years ago as it was probably unenforceable back then.

 

thanks

Tired and Weary

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Hi & welcome to CAG,

 

Send Drydens Fairfax a CCA request, enclose a £1 postal order & send via recorded delivery so that you have full traceability, print off and keep the delivery receipt as well so best to grab a folder.

Drydens have 12 + 2 working days to produce a vaid CCA, the + 2 working days are to allow for service of postage, if however they are unable to produce a valid CCA, then you can refuse all payments until they comply.

When did you take the card out? Was it before 2007?

Do not ring them and if anyone rings you, refuse security questions and hang up. Keep a paper trail.

 

CCA request template letter... http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**(1-Viewing)-nbsp

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Hi Thanks, will this stop the court action,

 

I have found details from Egg dated Feb 2001

saying your credit account has been closed

and the balance is £1633.97 NOT £2900 as Drydens and Capquest are claiming.

I took the card out in around 1998- 2000.

 

I have just found a letter from Capquest dated oct 2011 saying a statutory demand was sent to you in Nov 2010 and I responded by offering a proposal to pay and the offer was accepted and legal process halted.

 

 

However because of my failure to comply with the instalments ...

.. This is the last I heard from them I think.

The balance on that letter is £2469.21.

 

Are third party debt collectors allowed to add interest /fees to a debt?

Edited by Tired and Weary

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Hi,

 

It might not stop Court action in the future but if they are unable to produce a fully valid and legal CCA request and with the account being opened before 2007, that would be a perfect defence.

 

Also, as Drydens are chasing on behalf of Craapyquest, only Capquest as the owner of the debt can take Court action.

 

Get the CCA request off today & then just sit back and wait, when they reply post back and update the thread.

 

Don't worry about the amounts for now, you will find that the debt has passed through several DCA's and the figure does get inflated, this can be sorted out later on.

 

Have you claimed back any PPI (if selected) or charges?

If you do not have all of the original statements, get an SAR off to Egg (now Barclaycard) and get reclaiming, an SAR costs £10 but will include all old statements, never use a claims Company, you can do this yourself for free, any questions just ask away.

The SAR template is in the Library section on the top toolbar.

Any monies that you reclaim goes directly to you as the account has now been sold.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Thanks Stigman ,will send off CCA request.

Won`t a PPI claim be an acknowledgement of the debt???

Drydens Fairfax are solicitors acting on behalf of Capquest are you saying they cant take action?

They already have a ccj against me for the other debt.

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Before you got spoofed into paying them before

When was the last payment you made to egg?

 

And read the letter properly

It does not say will anywhere

 

As for the old SD did you not defend it?

 

Dx


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Probably around 2003 was the last payment to egg

 

, though I haven't found any details of a last payment to Egg yet

,it was part of a repayment plan set up by the CAB.

 

The SD was a threat as far as I know, that after I arranged a payment plan with Capquest was ceased

 

.I didn't know what to do about the SD at the time I just read on the internet about forcing you into bankrupcy and agreed a payment plan with capquestm I think I just panicked!

 

I also have no idea when it was supposedly sold to Capquest other than the threat in 2011.

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Urm..so there was prob a 6yrs gap in payments?? Poss statue barred

 

Dx


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But doesn't the 6 year period restart if you start making payments to a debt collector who has supposedly bought the debt.

 

Just found this

its the only mention ive came across as yet

it was sent at the same time as the other account capquest /drydens took me to court over and got a ccj around 12-18 months ago..

 

They were sent in sept or oct 2009

,the egg one only shows payments up to august 2009 when they raised the payment (and maybe I stopped paying then) and they are charging 12 % interest on the balance.

 

So may be 6 years?????

 

Should I send a letter stating its Statute barred???

and I don't acknowledge it.

I have already just sent off for a CCA

Edited by dx100uk
att removed showing ac number

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if you were paying £10pm 3to4 years ago it is not statute barred but if last payment/ack was aug 2009 then it would be

 

the main focus here will be the cca request for a card of that age if not sb


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I aslso found this from apr 2009.

 

It says for debt purchased from egg banking but underneath says on behalf of our client egg banking ?????

 

Thanks for the reply

 

,I got that wrong ,its as stated in the attachment £15 which was raised to £18 and im almost certain nothing since then 2009.

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Can I assmue that prior to the above payment start you had been paying egg directly going back 6yrs

That's what I was trying assertian


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that is why this has resurfaced, find out when the last payment was made and you will them know when the debt becomes SB. I would bet that it is either already so or just about to become so.

If it was more recent than that they would be just carrying on with a payment plan.

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As far as I know the last payment was august 2009 to Capquest ,I havet found anything to say otherwise.

 

DX, I was paying Egg £1 a month through a CAB debt repayment plan. I only kept this up for about a year . Then I didn't pay anything directly to Egg again.

 

 

 

Must have started paying Capquest I late 2008 under threat of the Statutory demand.

 

As far as I know at the moment no payments made to Capquest since august 2009.

 

 

Drydens have been ringing all week , have had no acknowledgement of the CCA request yet.

Thanks

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So when did you stop paying egg?

If it was 6yrs before you then paid someone else..you got spoofed and the debt was already sb'd

You can't reset the SB once it's past 6yrs once sb'd always sb'd

 

So if that period or the period from 2009 till date of claim form

Is more then 6yrs go file the SB defence

 

Dx

Then its sb'd


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I stopped paying egg around 2002 as far as im aware.

 

 

I may have had letters from debt collector afterwards but ignored them until circa 2008 when Capquest threatened the SD.

 

So are you saying that if I started making payment after 6 years the Statue Barred 6 year period doesn't get reset and is still enforced..

 

Drydens have me for a ccj for another debt through Capquest (bank of scot mastercard) .

 

 

I was paying £10 a month to capquest then stopped in 2009 .

 

 

They took me to court in dec 20013 and got a ccj.

 

 

Are you saying that one also should not have been to court as it was statute barred before Capquest took payments from me in 2008-2009.

 

 

It was also on a £1 a month CAB plan which I stopped paying in around 2002 as well.

 

 

Can you query a CCJ if it was statute barred at the time but I didn't realise?

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I stopped paying egg around 2002 as far as im aware.

 

 

I may have had letters from debt collector afterwards but ignored them until circa 2008 when Capquest threatened the SD.

 

So are you saying that if I started making payment after 6 years the Statue Barred 6 year period doesn't get reset and is still enforced..correct as long a s 6yrs has expired

Drydens have me for a ccj for another debt through Capquest (bank of scot mastercard)

 

I was paying £10 a month to capquest then stopped in 2009

 

They took me to court in dec 20013 and got a ccj.

 

Are you saying that one also should not have been to court as it was statute barred before Capquest took payments from me in 2008-2009.

 

 

It was also on a £1 a month CAB plan which I stopped paying in around 2002 as well. - a clear 6yes between payments

 

Can you query a CCJ if it was statute barred at the time but I didn't realise?

- yes

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Just an update

 

 

heard nothing since last week,

 

 

sent a CCA request and another letter on two different occasions almost a week ago by royal mail signed for 1st class

and neither appears to have got there according to the tracking.

 

 

Or do they just ignore signed for letters at drydens/capquest?

 

 

Funny how I sent a letter at the same time to tsb in Southampton and that was there the next day.

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rarely do you get any comeback on signed for stuff

which is why we always recommend simply using free proof of posting.


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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

The CAG Interest Tutorial Read Here

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Well after 2 months this came today supposedly a reconstituted copy. Looks like nothing to me. Doesn`t state anything really specific or even mention the egg card account number ,just pages of terms and conditions.

Says it includes details/breakdown of how the blance has been occured, no such mention.

What do i do now??

Thanks

Combine Result.pdf

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So are you saying that if I started making payment after 6 years the Statue Barred 6 year period doesn't get reset and is still enforced..

 

 

get this resolved this could well be statute barred.

send Canadian house an sar today

 

 

as for the CCA return.

if you took the card out in 2002

it must be a signed CCA

 

 

no dice fleecers!

 

 

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

The CAG Interest Tutorial Read Here

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So does the CCA request recontituted agreement prove anything?

Wouldnt a SAR request to EGG give them my signature?? As far as i know it was applied for online.

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even if it was an online sign up

they would need a signed agreement for that date

 

 

the sar is to the original creditor

they don't lift sigs anyway

as they've sold the debt.

you must sign the sar

go read the link again.

 

 

CCA return being a recon is immaterial


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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Just found a letter from Egg dated 15th Feb 2001 saying my credit card account has been terminated. I believe the card was taken out in around 1999.

 

Also letter through CAB agreeing to £1 payments which we only keep up for around 6 months as far as i remember.

 

Also just found this from Capquest payments

 

 

i made starting in 29th oct 2008

 

Should send them a statute barred letter??

 

 

(as it says the account was defaulted previous to the 15th Feb 2001 letter in the above post)

Combine Result 1.pdf

Combine Result 2.pdf

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