CapQuest/drydens claimform - old CAp1 card 'debt'

[Iamharrassed]

I have had correspondence over the last 3 months initially from CapQuest and now from H L Legal.

Are these two firms one and the same??

 

I'm also concerned that they have both written to me at 2 addresses, one prior and one current.

I have never given them my current address, so am not sure how they got hold of this.

 

However the problem I now have is that I asked CapQuest for my CCA and paid £1 which they have cashed.

 

I have not received any documents from them

 

now received a letter from H L Legal threatening court proceedings without further notice.

 

This is a very old credit card debt and up until November last year I was paying a monthly sum.

 

I never cancelled my direct debit but for whatever reason CapQuest did not take any further payments.

 

I don't want to just send payments now,

 

so can I tell H L Legal that the account is in dispute.

 

Thnx.

[whyme-agen]

H L Legal sits at the next desk to Capquest, Part of the same shoddy outfit.

[dx100uk]

yep just a bloke at the next desk in a diff coloured skirt.

 

you've asked for a CCA & they've failed so fire off the failure to comply letter.

 

now, you say you've been paying this, so really an cca is somewhat worthless unless you suspect there was a 6yrs gap of no contact etc.

 

not got unlawful fees like late/over or PPI to reclaim?

 

what does your CRA file show too?

 

dont be afraid of these people

they have no legal powers to do nowt to you

and you are under no legal obl to communicate with them either.

 

dx

[Iamharrassed]

I have an ongoing dispute with a debt which has been passed to CapQuest.

 

I was paying a monthly sum on this debt to 1st Credit up until June 2011 when for whatever reason 1st Credit failed to take my direct debit.

 

I did write at the time to see why this had happened but got no response.

 

I then had a letter from HL Legal stating that they debt had been passed to CapQuest and an admin fee of £12 had been added to the debt.

It sems that £12 has been added several times from the recent statement they have sent.

 

At that point I wrote back and asked for my CCA.

 

After a mountain of letters I have now received a document purporting to be my CCA, together with a statement.

It looks like an application form for a credit card, and is headed FORM 5446 APPLICATION CERTIFICATE.

At the bottom of the form in very small print is what looks like T&Cs headed Credit Agreement Regulated by the Consumer Credit Act 1974.

 

Does this sound like a CCA?

If this is the correct document what is my next step.

Do I now have to make payments.

[Nishikigoi]

I have an ongoing dispute with a debt which has been passed to CapQuest. I was paying a monthly sum on this debt to 1st Credit up until June 2011 when for whatever reason 1st Credit failed to take my direct debit. I did write at the time to see why this had happened but got no response. I then had a letter from HL Legal stating that they debt had been passed to CapQuest and an admin fee of £12 had been added to the debt. It sems that £12 has been added several times from the recent statement they have sent. At that point I wrote back and asked for my CCA. After a mountain of letters I have now received a document purporting to be my CCA, together with a statement. It looks like an application form for a credit card, and is headed FORM 5446 APPLICATION CERTIFICATE. At the bottom of the form in very small print is what looks like T&Cs headed Credit Agreement Regulated by the Consumer Credit Act 1974. Does this sound like a CCA?If this is the correct document what is my next step. Do I now have to make payments.

 

Who was your debt with originally?

 

Sounds like the usual thing, where there is no deed of assignment and fees added (my Capquest 'account' goes up by £1500 each year even in dispute).

 

Sounds like you should put it in dispute as you (like me and many others) have an application form.

 

The onus is on you to reject this and the sooner you do this the better.

 

You might want to SAR the original creditor to see whats available, but if your CRF shows this as old debt it might be close to SB anyway.

 

Need a few more details....

[Iamharrassed]

Original debt was with Capital One. CapQuest have stated that they have bought the debt from Capital One.

[Old Cogger]

Original debt was with Capital One. CapQuest have stated that they have bought the debt from Capital One.

 

May be useful contact:-

 

Ms J. SIMMS, Q&A officer at capquest ?

[Nishikigoi]

Original debt was with Capital One. CapQuest have stated that they have bought the debt from Capital One.

 

So this was a credit card or loan taken with Capital One and you were paying it?

 

If you stopped paying, did they send you a default notice and then a deed of assignment?

 

When did you take the credit card/Loan?

 

If not then Crpquest can go whistle, but a 'Prove it' letter and possibly a CCA request is in order along with a SAR request to Capital One, then you can get your ducks in a row (and know what ducks there are!).

[Iamharrassed]

If there a template letter which I could use to dispute the "CCA" which I believe is an application form.

 

thanks

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

Any fees they are adding will be unenforceable you do not have any agreement or contract in force with these clowns, besides once an agreement is terminated, that is it end of, nothing can be added further without a court order.

[jdes26]

Post 3

Cap quest say they have bought debt

NOTICE of ASSIGNMENT needed there then

And interest/charges £1500 per year bull

Once terminated no charges or fees to be added unless a court order / judgement in place and you would have to had court proceedings in place by cap quest

Losers

[dx100uk]

does this debt show on your cra file?

 

dx

[Nishikigoi]

There are a few questions....

 

When was the original card taken with Cap1?

 

I've had a forged CCA from Crapquest so look at if it's the same date as the original and if it's complete.

[Iamharrassed]

Back in 2012 Capquest send me documents I requested following their demand letters for an outstanding credit card bill.

 

They send a copy of my Agreement form, and a typed up copy of T&Cs.

 

According to my records they last payment made on this debt was March 2009.

 

I had a letter on October 2015 reminding me that I had not replied to their earlier correspondence.

I ignored this, rightly or wrongly and

 

today have received a letter stating that a CCJ has been issued against me.

 

They have obvious added their fees, court fees and the fees of their solicitors to this debt.

 

What ismy next step.

 

Clearly I cannot ignore this CCJ but would ike to be in a position to replay the facts to the court,

especially considering the time frame involved.

 

Any help would be much appreciated.

[dx100uk]

you mean you have a court claimform not a CCJ....

 

 

please fill this in to enable the correct advise to be given.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[fkofilee]

DX dont jump just yet, could be that they DO have a CCJ against them and they HAVENT done anything and buried their head...

 

Iamharrassed, could you clarify please about this? I would like to know more info plz...

Confirm if you DO Have a claim form. also check with Noddle, and Clearscore on top of Trustonline for CCJ.

[Iamharrassed]

I do have a claim form

- Headed in the County Court Business Centre.

 

I haven't yet filled this in.

 

Additional fees have been added, court fees and legal representative costs, even though nothing has yet been done.

 

should I now fill in the form and return it.

 

Going through the old paperwork I do not appear to have had a Default Notice.

[AndyOrch]

If you could kindly complete the link in post#15 above please.

 

Andy

[dx100uk]

then as link in post 15 please

 

fill that Q&A in

and paste the results back to this thread

 

there is NO NEED

for you to do anything with the claimform..

 

that's done online

and we will advise what to do.

 

but you need to get moving esp if the date on the form top right is prior to dec 11 when you came here and told us.

 

dx

[Iamharrassed]

Name of the Claimant ? CapQuest Investments Ltd

 

Date of issue – 7th December 2015

 

What is the claim for –

1. The Claim is for the sum of £1603.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One Bank (Europe) plc under account number xxxxxxxxxx upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between Capital One Bank (Europe) plc and the claimants, the claim vested in the claimant who has a genuine commercial interest. the defendant has been notice of the assignment by letter. Contact Dryden Fairfax solicitors.

 

What is the value of the claim? £1603

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? before 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Have had correspondence but not headed Notice of Default Sums.

 

Why did you cease payments? Was paying by direct debt to

 

What was the date of your last payment? February 2009

 

Was there a dispute with the original creditor that remains unresolved?

I requested a copy of CCA in Aug 2011 and had several on hold letters

then had a photocopy of a Credit Application Form which I acknowledged stating that it did not confirm to Section 60(1) of the CCA Act.

Another holding letter was followed by another copy Application form and a letter telling me it was compliant.

Eventually received a typed up copy of T&Cs in March 2012.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

[dx100uk]

go ack [AOS] the claim on the mcol website

defend all

leave juris unticked.

 

 

get a new CCA request running to the claimant

get a CPR 31:14 from the legal section of the library running to the sols [who are?]

 

 

don't sign anything.

read the full CCA and CPR threads FIRST before sending the letters.

 

 

dx

[Iamharrassed]

Thank you for your help. Claim form acknowledged.

[dx100uk]

just for your ref

defence must be filed by 4pm Friday 8th

[Iamharrassed]

Does this mean I have to enter my defense on the web site,

 

and is my defense that I haven't had the correct information prior to receiving this Court Judgement.

[AndyOrch]

Take a read of the following forum...this will give you some idea of the holding defences that are submitted.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy