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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Capquest and old HBOS Aqua Card Debt


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Good Afternoon,

 

I am writing her on behalf of my partner (debtor), who is not in a position to write themselves. For ease in translation I will write in the first person.

 

In a nutshell

 

In 2007 I took out an Aqua Credit card.

In 2010 I got in to financial difficulties and defaulted (outstanding balance approximately £1500).

The debt was sold on to CAPQUEST in December 2010.

 

After some correspondence between myself and CAPQUEST I took it upon myself to set up a Standing Order in favour of CAPQUEST for £5.00 per month effective from May 2011.

 

Details of the AQUA account were filed away and buried in the loft years ago and as the Standing Order was being paid from an overlooked bank sub-account I rarely visit (changed banking method),

I forgot all about the debt and Standing Order.

I did not receive any communication from CAPQUEST from this point, even when I told them I was moving.

 

In the intervening period I have moved a couple of times.

I informed CAPQUEST of the first move, but not the second.

To be honest, so many years had passed and with no annual statements or communication with CAPQUEST I forgot they even existed until recently.

 

In October last year I received a letter from CAPQUEST stating they had just purchased the account and requesting I telephone them to discuss repayment.

 

At first,

I thought CAPQUEST were chasing a Statute Barred debt.

I wrote to CAPQUEST stating the account was Statute Barred.

They responded confirming that they had receive a recent payment of £5.00 which confirmed the account was not Statute Barred.

 

After a little digging around in a dusty loft I found my old AQUA file,

where documents confirmed CAPQUEST had been assigned the account in December 2010 (not October 2017 as they were now suggesting),

and a document confirming the outstanding balance of £1503.00 – not the £1976.00 now being claimed.

 

Having established the debt was still ‘live’ and not Statute Barred, I made a CCA request. CAPQUEST returned the attached.

 

I would be extremely grateful if someone could look at the attached and advise if this agreement is valid.

 

Once I have a response, I will continue with the rest of the story and what has happened to date, including the results of a SAR.

 

Many thanks in anticipation…

AQUA REDACTED UNSIGNED AGREEMENT.pdf

AQUA REDACTED SIGNED AGREEMENT.pdf

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looks ok

 

they cant increase the debt mind

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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Thank you dx100uk

- I thought they could add interest?

 

I thought I had read somewhere that not adding interest after the assignment is only a recommendation (in FCA CONC?).

 

I would love someone to signpost me to something that confirms they are not allowed to add interest and charges, as this might give me some leverage.

 

The added interest of circa £500 is a funny one.

They only added it for a specific period and, if my maths is correct, does not appear to relate to interest rates in the original CCA.

 

I will post a lot more detail on the matter of the added interest soon.

 

I need to redact and scan in the statement and consider the response I have received today to a complaint I submitted to CAPQUEST

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did the OC terminate the agreement and send a default notice?

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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please DN and TN if you have them

scan to PDF

 

read upload

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

termination notice if one was issued...

 

dx

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

I have been through all the documents that CAPQUEST have sent me in response to my SAR.

 

There is no DN or TN.

 

I am still checking my old AQUA file, but have not found any DN or TN either.

 

Please find attached a chronology to date.

 

I am still working on it and will amend as documents/events come to light.

 

With regard to the SAR,

the response has missed several documents that I have copies of.

 

Mainly letters I wrote to CAPQUEST.

 

Additionally, there are documents I have never seen before (constructed?)

.Is this grounds for a further complaint?

 

And here is the statement they sent me (first since 2009) in response to my recent request.

 

Take a look at Page 2 and the addition of the interest lump sum.

 

Following my complaint, they have since sent me a more detailed statement, showing alleged interest added per month, saying the 'lump sum' appears as they transferred systems!

 

The interest rate does not relate to that stated in the CCA and is only applied during a specific period - strange.

170112-Redacted Pompey v CASPQUEST Chronology.pdf

171124-Statement.pdf

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who was the sar too?

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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CAPQUEST.

 

I think it may be pointless sending a SAR to AQUA, as the a/c was assigned in 2010 and AQUA probably would not have retained any records from that long ago - but then again, if you think it might be worth it I have no problem sending another SAR

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now send one to the oc

pointless sending sar's to a dca,

they can make up whatever they want.

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

SAR sent to AQUA today.

 

Any advice on the interest the DCA has applied to the account?

 

In their letter of 06.10.2017, they write "we will not add interest to this account" - clearly this is not the case.

 

I did point this out to the DCA in my complaint, but they ignored me, just confirming they had added interest - no explanation of why and why only in a specific period or an explanation of the rate they have applied

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get all the info 1st

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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I have been through my old AQUA file and scanned all documents in as PDF. Please see attached chronology.

 

There are three statements 15.07.2009, 14.08.2009 & 15.09.2009 which contain reference to 'Notice of Default Sums' (see attached scan). There are no documents that I hold that constitute a bona fide DN or TN, but I will have to wait and see what the AQUA SAR turns up.

 

How do I delete uploaded files from my cache please?

140809-POSSIBLE DN WORDING.pdf

170118-REDACTED Chronology.pdf

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under user cp

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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I think one of your main problems is you continue to have entered into so much totally pointless letter tennis

once a CCA is failed

you stop all comms until/unless you get a letter before action/of claim or a claimform.

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

Just received the SAR response from AQUA.

 

There is no DN or TN.

 

Interestingly, they have provided copies of monthly statements since 24.07.2013 to 25.06.2017.

Bare in mind I have a NoA in favour of CAPQUEST dated December 2010.

 

All statements show a balance outstanding £1,503.54 which is obviously different from the £1,971.83 now being claimed by CAPQUEST

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could be fatal if CQ want to do court then

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

lets see what they do eh?

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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  • 4 weeks later...

Any news

this is identical to what i am going through with Capquest and Marbles funny enough,

 

mine has been passed to NCO Now but my credit file keeps having late payments against it for last 2 month after 8 years of on time payments with payplan

 

i am screwed as i rang marbles and they have nothing on file as it has been later than 6 years

 

Capquest say they cannot deal with it as NCO are dealing with it

 

all my other accounts have been wiped as 6 years and older except this one

( which i am sure would have defaulted at the same time 2008 )

but capquest say it is a live credit account?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?485106-Default-Date-confusion&p=5099570#post5099570

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