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    • sounds pretty typical. scan everything up to ONE multipage PDf please follow upload we dont need any statements. dx  
    • Participants can get £50 - but must permanently consent to the retailer using their personal data.View the full article
    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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Capquest Shop Direct Agreement


London1971
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does it match what they sent inc the exact same T&C's and type faces

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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yea so its a gamble what they do.

yes the claim is against SD but they rarely cough up.

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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So, what's the best thing to do? Just leave it? I haven't heard anything from Capquest for 8 months or so, the debt becomes SB'd in Sept 2019. If they do issue a claimform I don't really have a defence.

We could do with some help from you.

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what about lumped on buy no pay later interest

I cant believe for one minute

[going by the numerous claimform threads in the financial legal forum]

that the balance is not also seriously inflated with BNPL interest.

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

should be any need

should be obv on the statements before they sold the debt on

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... 

Link to post
Share on other sites

I will take a look at that later, but from what I can see from threads on here, if you want money back from SD you need to be prepared to take them to court! Not sure if it's worth it for a few hundred quid.

We could do with some help from you.

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So I see an extra big interest charge of £53.97, close to when they sold the debt on. Would that be what I am looking for?

We could do with some help from you.

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sounds about right

it all depends on what goods you ordered and if they were BNPL

but that looks right.

I wouldn't bother doing anything with the info.

but its ammo against capquest if you get a letter of claim

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

Great stuff , all filed away, and will come back on here when/ if a letter of claim arrives

We could do with some help from you.

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  • 1 year later...

Hi All,

 

This account with Capquest` is now coming up to the 6th anniversary of my final payment on the 28th February but the actual default date is listed as 28th August. I know from reading these threads it's peak Claimform danger time but if they do decide to chance their arm before the end of August, would I be OK with a statute barred defence?

We could do with some help from you.

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The SB date is 6 years from last date of payment or written ack. Have they sent a PaP letter yet, because they need to do that and allow at least 30 days after sending it before they start court proceedings.

 

August has nothing to do with it being SB

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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recent court ruling and PRA won was enforcement date runs from Default date????

 

The Court of Appeals view is the DN is part of the cause of action, without it there can be no claim. The service of a DN opens the door for a time order, it also means stat duties like s77A and s86C still apply, so non compliance can lead to move issues. plus there's s140A to challenge them with maybe?

Edited by Old Cogger
:mad2::-x:jaw::sad:
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No PAP yet, so I guess I am in the clear

We could do with some help from you.

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The only written correspondence I have sent them is a CCA request a while back which they fulfilled, and when I informed them on my change of Address.

We could do with some help from you.

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recent court ruling and PRA won was enforcement date runs from Default date????

 

The Court of Appeals view is the DN is part of the cause of action, without it there can be no claim. The service of a DN opens the door for a time order, it also means stat duties like s77A and s86C still apply, so non compliance can lead to move issues. plus there's s140A to challenge them with maybe?

 

For that case. Not an overriding ruling for everything. It all depends on the agreement and actual account. Fixed loans etc would be when the loan was called in. For a catalogue, it has no bearing. Its the payment or written ack date. Or 14 days after a DN was issued. NOT when the default itself was registered.

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 will hang tight on this and wait to see if anything more comes through on this, and will come back for advice. I certainly don't want to risk a CCJ on this, as I am hoping to remortgage in a couple of years, when all the Brexit dust settles.

We could do with some help from you.

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  • 3 months later...

Right,

 

I've finally started receiving texts and calls from Capquest, after 18 months of radio silence.

 

Last payment was on Feb 28th 2013,

 

Default was on Aug 28th 2013.

 

Should I send them the SB letter now, or wait until they send a PAP letter?

 

Thanks

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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well arrows have been seen to be smart with at supposed appeal court ruling that sb is 14 days after dn date yet, but anyway who knows if the oc issued the dn correctly at the right date anyway.

 

pers i'd let it run.

 

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... 

Link to post
Share on other sites

Sounds like a good plan, 

 

And a fair chance that they will leave it too late anyway

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Right, I had a look through my SAR sent by the Original Creditor.  A section 87 default notice was sent out on 15th July 2013.  Would 15th July 2019 be a reasonable bet for the SB date?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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or +14 days which is the earliest they could call the debt in.

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... 

Link to post
Share on other sites

So being pessimistic and if I receive a PAP this week in the post, giving me 30 days, and after that a Claim Form giving me 33 days that would take me past the 29th July.  Have they left it too late?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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