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    • Hi   I assume it is this link if you could clarify:    Nest | nest.gov.wales NEST.GOV.WALES Welsh Government Warm Homes Nest Scheme    
    • Me Borrowed a large sum from someone.  Was unsecured.  Couldn't repay. So they got a ccj. Can't pay that either. So they applied to my bank with an interim 3rd party court order to "freeze" account.   Assume they think I'm hiding a ton of £s - which I am not.   I have no savings and barely any £s per month.  So just am curious what will happen next?  
    • Hi   Are you asking this on behalf of someone and if so we would need more details?   When you say 3rd party order for an unpaid debt exactly what is the debt and by who?
    • If someone only receives a Govt benefit - ie working tax credit - and barely has enough money to pay for food, utilities, public transport and general essentials - what happens if their bank receives a 3rd party order to freeze the account because of an unpaid debt and a mistaken assumption that account holder has hidden funds/savings ?  Does the bank allow the account holder access to the bank to pay for life essentials?  Or does the bank literally freeze the account so nothing can be bought, no bills paid for ?   
    • Hi   As promised here is a response I have put together for you please fully amend as required   Dear XXXXXXXXXX   Complaint Reference: XXXXXXXXXXXXX   Further to your correspondence on XX/XX/2021 I find your response unacceptable for the following reasons:   You felt there was a data breach due to maladministration as we had the incorrect email address for you. As previously advised, the email was not sent to another individual but was undelivered due to having the incorrect email address. I   have requested a copy of the undeliverable message from our IT team. Once this has been received, I   will forward it to you. This has not been reported to our data protection officer as there was no breach. I  did also try to contact you by telephone to get the correct email address after it was returned to us, but there was no answer   I disagree with the above for the following reasons:   a) The Housing Association that sent it to the incorrect email address  b) The Housing Association were fully aware of my email address as you have been responding to myself at my email address even when I initially reported this and had a response from your online portal. c) This was a potential Data Protection Breach irrespective that it was undelivered and should therefore be reported to your data protection officer. d) You were responding to my emails at the correct email address and the as previously stated when I initially report this and got a response from your online portal to my email address, you incorrectly sent the response to an email address due to typo errors in that email address by the individual that sent.  e) If the individual that sent that email to the incorrect email address due to typo errors was yourself then you have a Conflict of Interest in dealing with this matter as it involves yourself and someone else should be responding to that matter therefore I require clarification if it was indeed yourself that sent the email to the incorrect email address.   You feel that this should be a stage 2 as your response was out of time due to having the incorrect email address. You received the response one week after it had been originally sent, once you provided the correct email address. This would not meet the criteria for escalating to stage 2. I  had already offered compensation of £25 for the delay in responding to your complaint. My colleague that reviewed this for stage 2 has advised that an additional £25 could also be offered to compensate for the delay caused by not having the correct email address.  Please note any compensation awarded would be offset against outstanding arrears in the first instance should there be any on your account.   I disagree with the above for the following reasons:   a) Your initial response was sent to an incorrect email address due to typo error irrespective that it was received one week later it was still out with the agreed stage 1 Time Limits therefore should be dealt with as a Stage 2 Complaint    Contents insurance is the responsibility of the resident to arrange. You are aware when you take on your tenancy that your personal belongings are your responsibility to repair and maintain, not A2Dominions. As such, any insurance to cover these items would have to be arranged by the tenant. There is no requirement for us to advise of this. Your tenancy agreement gives a comprehensive overview of what is A2Dominion responsibility. Should you have any queries about these. you can refer to the document   I disagree with the above for the following reasons:   a) As I was not aware of this by your staff when I took out this tenancy but you point out I was made aware therefore I would like to be provided with evidence from my housing file that I was informed of this when signing this tenancy agreement. If you cannot provide this then you cannot state that I was made aware at the time of taking up this tenancy. b) You point out their is no requirement for you to advise of this which I find astounding for any Housing Association to state this as they should be making any new tenant fully aware that Contents Insurance is required and the reason.   I  have been informed that the flood affected many members of the community that day. There were so many people affected that a local support group was also set up. This shows that the issue was widespread, not just limited to affecting your property and also proves that the issue stemmed from a wider mains issue. I do appreciate that there was a blockage in your drain which exacerbated the issue within your property, but as advised in my stage 1 response, this was attended within our urgent call out timeframe of 24 hrs. This was then passed back to Pyramid Plus as they were unable to dear the blockage, and follow on works were arranged. We are unable to attend to issues until we know about them, and we attended as soon as this was reported to us.   I disagree with the above for the following reasons:   a) In a previous response you blamed the mains water companies issue therefore not the Housings issue now you have changed it to a wider mains issue yet as I preciously asked to be provided with evidence again you have failed to provide that evidence. b) The blockage which you have previously been in denial about and suddenly admitted and openly blamed the main previously you have know admitted. As this blockage I within your property boundaries and is inside internal in my property the Housing is responsible for that issue and the further damage caused. In reference to your request for the previous reports by other residents, we would be unable to provide that information to you. We cannot discuss any reports by other residents under any circumstances   I disagree with the above for the following reason:   a) My request for how may tenants have complained about this you previously stated 'your system does not allow you to find this information' and now it is 'we cannot discuss reports made by other residents under any circumstances' I find this completely unacceptable as I did not ask this I only ask how many tenants had complaint about this issue whether it be one or ten as an example how difficult can it be as this does not breach any data protection laws and if you still insist on this approach then you can provide my with with full and I do mean full clarification as to your reason with which article and section of the data protection act you are using for your failure to comply with a reasonable request and your failure still to explain FOI.    
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Capquest coming out of the woodwork - Old Abbey OD.


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My wife has been paying off a credit card debt since 2012 at the rate of £5pm.

She has never missed a payment and currently owes £798.

We don't dispute the debt as we jumped through the hoops back in 2011 and it looked, after advice on here that it was enforceable.

 

All of a sudden, Capquest are now sending snotty letters demanding that she get in touch as the 'balance remains unpaid.

She doesn't want to call them and would rather just keep paying the £5pm.

 

Any up to date advice to get them to stop their chasing.

We really don't want to have to get into dialogue and start the inevitable how much can you afford to pay interrogation!

 

As it's under £800 are they likely to get CCJ ish.

We live in rented accommodation now having had to sell our house 6 1/2 years ago.

 

I'm minded to send them a letter saying thanks for their interest but that's all we can afford.

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Has she written with her current and correct address?

who was the oc?

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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They have our current address.

I'm fairly sure it was an Abbey National personal loan.

Originally chased by Debt Managers and then passed along the food chain to Capquest.

 

The letter says the account may be returned to Arrow Global (who own them) who will consider passing the account to a specialist partner to recover the balance outstanding.

Given that my wife has never missed a payment, that's a bit off.

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Wheres the thread with the cca return in it

You are safe to ignore them unless she has never written to them or the oc giving her current and correct address. Them writing to the correct address doesnt mean they cant file a claim to the old one if she hasnt

 

we normally see the above actions as a result of address phishing before backdoor ccj attempts

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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We had a couple of issues back nearly 10 years ago, so not sure there would have been a seperate thread posted, but took the general advice on whether an agreement was enforceable and after all the info was in from the Abbey Nat, decided it was, so have been paying the agreed amount ever since.

 

Given your advice, might be an idea to confirm our address by recorded post, tell them its rented, and confirm the £5 is the most we can afford and would they consider a reduction to £4?

 

Just don't want our excellent credit score ruined, worked hard to recover it over the last 8 or 9 years - all the defaults etc have disappeared.

 

Do they tend to issue a county court claim for under £800?

 

Hoped we had seen the last of all this shenanigans!

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DCA's will issue claims for £100...

 

the debt was obviously defaulted more than 6yrs ago so all evidence of the debt is removed after 6yrs

and cannot comeback unless via a CCJ will show the public/judgements section of your file and kill any credit for another 6yrs unless its settled within 28days of a judgement.

 

if they have not legally in writing been informed of a change of address

they are quite legally entitled to file using an old address.

this is why it is so important to always advise of a change regardless to the debt age.

 

as the CCA was to the OC, and you've been blindly paying this to a DCA after sale [which should always be retorted too by a new CCA request]

I would send a new CCA request to them now.

 

that kills two birds.

 

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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I have done  a little digging in my emails here going back to 2010.

 

It looks like Moorcroft were  the original DCA, then passed to Direct Legal Collections.

 

I think it was then sold on again before ending up with Capquest.

 

I'll send them a new CCA request and see what happens.

 

To refresh my memory, I take it they have to show me a copy of the original signed agreement or they can't chase.

 

Is there more complexity to that - I'm guessing there is!

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though you knew all this as you'd excepted the CCA was enforceable before?

 

Moorcroft and DLC don't buy debts

they simply chase for their stated client.

 

so eventually it was sold to capquest, part of the arrows group.

 

have you worked out what the debt was and the OC now then 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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Yes, think it was something to do with Abbey National (as was)around 2010.

 

From memory, and it was about 10 years ago, on balance of probability from the advice on here and the info we got back, I concluded that it wasn't worth the risk of getting a CCJ and chose instead to pay them a fixed amount each month, which my wife has, without fail.

 

I see from records that Debt Managers were involved as well.

I remember how charming they were to deal with..not.

 

We had a lot going on back then and this was just another small battle that we didn't need to fight as we had more fundamental issues to address for the sake of a few quid per month!

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  • 11 months later...

open

 

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 a slight delay on coming back to this thread - have been slightly distracted having a heart bypass op, followed by being diagnosed with T2 diabetes as a result of the op apparently.

Anyway, all good now!

 

Recently got back on to this issue and received a response from Arrow on behalf of Westcot.

They tell me that as the account was originated from an overdraft, it was not covered by under the CCA 1974.

 

They did confirm that the account was in default and that the total amount owed is £752.

they also tell me that the amounts that will become payable will include interest and costs, depending on which enforcement action is taken.

 

I still therefore still have not got written proof that my debt is enforceable from them, other than a a vague line saying my account is in default.

 

Any suggestions as to how I progress this most effectively.

Been paying this for 10 years now!

 

PS, thanks to DX100uk for allowing me to resurrect the thread.

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  • dx100uk changed the title to Capquest coming out of the woodwork - credit Card Debt.
  • dx100uk changed the title to Capquest coming out of the woodwork - Old Abbey OD.

stop paying a bogus OD debt and running the statute Barred date to infinity.

until or unless you get a letter of claim, ignore everyone and everything.

 

she's been cash cowed for years on a debt that didn't need paying in the 1st place.

.why do you think a giant multinational bank sold it on for <10p=£1 and not take her to court and crush her

...it's bogus.!!

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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