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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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I have been making regular token payments off two debts that have been sold to Capquest. 

 

One was a loan

 one was a credit card

both before 2007,

 

they are adding more interest each month than my payment so I dread to think what the total is now.

 

I want to sort these out but so scared to make any contact with them and I  really don't want my now credit file to be affected or to go to court.

 

I have doing some research and think that I need to apply for a subject access request - do I do this with the original creditor or Capquest?

 

I'm assuming that this will provide me with all the information that is held about me, so I'm assuming that I will be able to find out if this debt is enforceable?

 

I was going to send a CCA request as well but really anxious as to whats going to come through my letterbox. 

 

I haven't had any correspondence from them in relation to these debts since 2012 and no phonecalls but I can still remember how stressful it was at the time.

 

Are there different letters for loans and credit cards for the SAR and CCA and what is the likelihood of there being any paperwork for debts this old. 

 

Any advice would be appreciated.

 

Thank you.

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Good grief..stop blindly paying a fleecing dca.

and they shouldn't be adding ANYTHING.

 

a DCA is not a BAILIFF

and have

ZERO legal powers

 

let me guess..all this was done on the phone😹


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Send a CCA off to Capquest for each debt.

 

I would make sure you send it signed for delivery. Capquest are ' losing' a lot of mail at the moment, to the point of it being suspicious. Make sure you print off and save the signed for Royal Mail Signature too.

 

Capquest are known for buying unenforceable debts, so it's likely they don't have any paperwork.  They have 12 +2 days from the date of Receiving your CCA request to comply (which they won't), if you don't get anything back, stop paying ! No CCA, No pay.

 

As for your credit file, have you checked it to see if the debts are still on their?

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hold on the CCA request or any letter

as long as they have your correct address 

sit on your hands till they write to you then comeback here

 

do not EVER use email/text/phone again.

 

everything in writing only from now on!!

 

dx

 


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Who are the original creditors and do you know if the debts have been assigned or are CQ just collecting?

 

 

Andy


We could do with some help from you.

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yes, get as much info as you have together before you do anything.

You say loans sold to CQ- did you receive the notice of assignent under the 1925 law of property act?

also can you  give us a precis of the statement you ahve got from as far back as possible, how much was owed back then, what you have paid and what interest and charges they have added since. They might owe you money and certainly your actual debt will be a damned sight less. Their naughtiness will attact interest at 8% at least on any overcharge so that effectively doubles the amoutn you ahve actually paid over 9 years

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Hi All

 

Thanks for your replies.  The debts were with Liverpool Victoria and I received a letter from them and Capquest stating that these debts have been assigned. I cancelled my direct debit this month but then got scared and made an online payment for my usual payment amount.

 

I have today received a letter regarding the credit card debt that as my debt plan has failed, despite the fact that they had the regular payment but obviously have not checked and just saw that I had cancelled the direct debit they have placed my account on hold for 30 days to enable me to complete a statement of means.  I'm sure I have read on this sitet hat only a Judge can order this form to be completed - is this correct?

 

I'm going to send the CCA forms off tomorrow recorded post but worried that these debts will be enforceable and I really need a small mortgage now to enable my mum to move in with me so I can look after her.

 The debt has increased £1600 in interest and charges, Liverpool Victoria advised me that they can charge this as the debt has been assigned to them - is this correct. 

 

What happens if the debts are enforceable?

 

I feel physically sick with worry at present. Any advice would be appreciated.

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Just now, walkingonsunshine said:

No, my credit file is clear and has been since 2015. 

 

No problems with a mortgage then !

 

 

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But I need to submit bank statements and the regular payments were showing. Hence my need to take action which I admit I should have done years ago when the outcome wouldn't have mattered as much.

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DCA has no right to ask for a statement of means.

 

You have stopped paying them,  in a few months there will be nothing on your banks statements to indicate you are paying them.  It's off your credit file, and if they can't come up with a CCA it's not even enforceable.  

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Thank you for your quick response.  I have just typed up the CCA requests, so might make the post tonight.

 

Just worried about what happens next and they come up with some sort of agreement, as I am assuming that as the debts were sold they have the paperwork.

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If, and it's a really really big if, they come up with something then come back  and show it on this thread, there are people who will be able to tell you if it's enforceable.

 

For the record, Capquest took about 8 months to come back with an agreement for me, that was 18 months ago. The debt is now statute barred, it just goes to show that even if they have paperwork often they won't take any action.

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Thank you, that makes me feel  happier.  I will update you in due course, hopefully with positive news.

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35 minutes ago, walkingonsunshine said:

as I am assuming that as the debts were sold they have the paperwork.

you have a lot to learn

they don't ever have any paperwork when its sold

you are simply one line in  spreadsheet of 10'000 of sold debts they buy in a debt portfolio.

don't forget they are totally powerless legally

and ARE NOT BAILIFFS.

 


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I posted the CCA requests by recorded delivery, they were received on 22nd March,

 

I have one letter confirming this regarding the loan but no response from the credit card. 

 

They returned both postal orders in a separate envelope stating that there is no fee for this service, so I know that both letters were received.

 

Am I correct in thinking that, as I know that the letters were received on 22nd March that 12 working days is counted from that date, meaning that I should receive a response on Monday?

 

Should I send a letter  advising that these alleged debts are unenforceable or just have no contact?

 

Regarding the payments that have been made to these alleged debts, can I suggest that these are used as  the full and final settlement against these alleged debts

 

Any advice would be greatly appreciated.

 

Thank you.

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once anyone fails the 12+2 working days deadline , you can stop payment till they comply with an enforceable agreement checked by us.

but no sadly it doesn't mean the debt is over, just they cant demand payment.

 

sadly all you've done by blindly paying is run the SB date to infinity, they now have 6yrs.


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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Thanks for the quick response. Yes, sadly I realise what I have done now by paying them, still learning from this site.  They have  advised that they hope to reply by the end of April, they would be well out of time anyway.

 

I will update as I get responses.

 

Thank you.

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Capquest won't find the paperwork by the end of this April or probably the end of any April.

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