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London1971

Capquest Shop Direct Agreement

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Hi All

 

I was hoping for some help with this credit agreement that was sent over from Capquest in reply to my CCA request.

 

It's a shop Direct agreement and to my eyes it appears to have all the ingredients of an enforceable agreement. There is no actual signature but my name and date is printed in the signature line, there are terms and conditions along with a date.

 

The debt will slip off my Credit file on the 27th August 2019. If it is unenforceable I am inclined just to leave it and let it fall off my file in 2 years. However if it is enforceable I would like to be able to prevent Capquest issuing me with a CCJ?

 

Any advice would be appreciated.

 

PS The attachments are in the form of a Zip file, as it wouldn't allow me to directly upload the JPEG.

 

Regards

 

Jonathan

1.zip

2.zip

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click upload

pop them all in one multipage pdf please


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They will still attempt court action if they feel they want too - You cant stop that - But if you do get a claim form then you can defend it :)

Majority of the time if you defend they will just give up :)

 

Check out our Financial Legal Issues sub forum...

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Hopefully this is ok, I have covered names and addresses etc.

 

No signature just a typed Name, date and tickbox

 

Regards

 

Jonathan

Doc 3 Sep 2017, 16-28.pdf

Edited by London1971

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when did you take it out please

and I take I that IS your sig then

so you did have the agreement in all honesty

 

 

how much are they after


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Taken out 15.5.12

 

They are after £1263

 

I didn't have the agreement, this is what they sent me.

 

They have just printed out my name, they do not have my signature

 

Regards

 

Jonathan

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tick here to sign

it was an online agreement


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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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

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Yep !

 

Should I just forget about it and wait for any claimforms if they ever come? They do have my current address.

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So on this agreement, should I just sit this one out and see if they issue a claimform . Then defend if they do?

 

Regards

 

Jonathan

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what will your defence be?

you would be better off working out what all the fees are and what interest is added to those fees

( they are outside credit agreement no cant accrue interest)

and tell them that they should knock that amount from their demand and resend the statement.

 

You can then make a plan to settle the account in an affordable manner.

 

You dont really wnat to go to court and try arguing that they dont have a contract when you have been told that they do.

 

Look for things they have got wrong

- what about insurnace you didnt ask for, that is normal for them so another thing you can get knocked off the amount

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Good point ! Honestly I don't mind paying it off say at £50 per month , or whatever !

 

I suppose I am looking at it from DX100's point of view. If it's not enforceable why pay the DCA.?

 

Regards

 

Jonathan

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If capquest have it, it wont be enforceable. They dont chase that type of debt. Theyre like cabot and many other DCA's. They prefer to chase unenforceable debts, hoping to get gullible people to pay up.


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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It does seem a little far fetched how something that I could knock up on MS Word in 15 minutes could actually be enforceable

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we could agree to something in the street and it would be enforceable.

 

Can I sell you Tower bridge? Yes and I can sue you if you don't pay me.

Obviously you can sue me for failing to perform a contract because I don't own Tower Bridge but you have to pay up first.

 

What will be unenforceable is Capquests claim,

they wont own the debt

so rely on noise and your ignorance to get you to pay.

 

It is Shop Direct who need to be made uncomfortable over this

if you feel like contacting Capquest it will be to ask them for

a CCA request,

copies of statements of account etc

and they will have to put their activities on hold whilst they chase SD for the info

 

A SAR to SD will make them hand over all of the accounts and correspondence if you don't have it,

 

ask them anyway even if you do as it will provide some useful internal memos etc and jolt them a bit so they realise that all is not well.

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I do have a statement from Capquest, with an Itemised list from Shopdirect of what was purchased.

It lists 'charges' of £180 but doesn't specify what they are for.

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which is why you are sending an sar to SD already


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

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Hi All,

 

I have received the SAR and have found £192 worth of 'administration' charges on the account.

 

Would these be something I could use to bring the value of the debt down in order to begin paying it off?

 

Or should I just wait for a claimform and use that as a defence if and when it arrives?

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is that with using the CISHEET at the SD int rate?

 

but no it wont form any part of a defence no

as it would be crapest taking you to court not the OC

they've sold it.

and those charges are probably one of the reasons


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

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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

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Hi All,

 

Excellent piece of Excel there :)

 

Charges are £218.75 inc compound interest. Do I make a claim from SD or do I tell Crapquest to adjust the amount owed accordingly?

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set the claim to date to the last date they charged interest


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

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now take that whole figure and pop it in the statint sheet as one whole sum

using the date 1-9-13

you are entitled to s69 stat int at 8% till they settle on that figure


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

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£295.13 wow !

 

Do I claim it of SD? or get Crapquest to reduce the balance?

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