LancerQRL V Capital one

[LancerQRL]

i have spent the last couple of days reading items on this site and i wonder if anybody could give me some guidance to the following- i have been through the usual capital one process, charges -debt collection agency etc, until finally it was passed to heatons who i now understand are a debt recovery agency and the debt has probably been sold on- i was given a ccj by heatons last year due to a silly mistake i made on the court papers ( i was honest and admitted i owed the money) so i currently pay heatons - does this mean that if they have bought the debt and i have no credit agreement with them they have falsly obtained a court judgement against me? if so how do i sort it out- obviously i shall then start chasing capital one for the charges as well!!!

[countrybake]

you can start chasing capital one for the charges now and as for the CCA ask heatons for it they have 12 working days plus 1 callender month before they break the law then no debt hopefully

[LancerQRL]

but if i stop paying the ccj what happens then? or is it best to keep paying it

[countrybake]

keep paying and then take them to court for none compliance of a CCA you can start all this now

[orfoster]

I would contact the courts after you apply for your CCA and tell them the company has failed to respond to your request and tell them that after that point you don't have to pay. After one month it becomes illegal and un-enforceable. Good Luck.

[LancerQRL]

i have received a letter from heatons asking me to ring equidebt as i am now eligible for a reduction (against a ccj!!!!!!) i am sending a cca request to both capital one and equidebt.

i have also written to heatons requesting that i pay the money direct to capital ones offices in nottingham as it is more convenient- requesting that any objections to this are made by capital one- this should hopefully show who now owns the debt!

[countrybake]

heatons are the ones taking your money and they have to provide a true copy of your credit agreement and change of consignment or something like that within 12 working days and if 1 month after that they still have not sent you what you asked for they have broken the law and you are then in the driving seat

best of luck llee.weaver

[LancerQRL]

ah yes but you try to ring and you are informed that your call is being transferred to equidebt- same postal address as well!!!

[countrybake]

15. Who are Heatons?

Heatons are a firm of solicitors who act for Equidebt. They are authorised to start county court proceedings on our behalf in the event of non-payment or a broken payment agreement. If you have been contacted by Heatons and would like to discuss your account with them please telephone 0800 028 0973.

 

Data Controller: EQUIDEBT LIMITED

 

 

Address:

EQUITY HOUSE

ETTINGTON ROAD

WELLESBOURNE

WARWICK

WARWICKSHIRE

CV35 9GA

 

 

Data Controller: HEATONS LLP

 

 

Address:

5TH FLOOR

FREE TRADE EXCHANGE

37 PETER STREET

MANCHESTER

M2 5GB

 

Hi i would send the CCA to equidebt as heatons are just the solicitors equidebt have appointed to try and get the debt

 

good luck

[LancerQRL]

ok now its interesting - sent off to both capital one and equidebt requesting copy of cca- recieved refund of my £1 from equidebt -and a copy of my cca from heatons not capital one

tonight i rang capital one to arrange paying them directly only to be told they have sold the debt on to equidebt a while ago and i had to contact them regarding payment

does this mean that heatons are doing something naughty?

[LancerQRL]

just a thought - as i have not recieved a reply from capital one- only heatons ( but it does not state on capital ones behalf!) then will capital one still be under the 12/30 day ruling for my request?

[LancerQRL]

any ideas please?

[jay2006]

No, because Heatons are solicitors acting it would be them who would send it anyway. I work for a firm of solicitors and can happily confirm that alot of the advice here is rubbish. Firstly for those of you who think asking for a copy of your CCA to be supplied within a month or the debt is unenforceable, i can advise that this is not quite the case. A creditor is only required to hold a hard copy of the CCA for 3 years and a copy on micro fiche/computer for a further 3 years( 6 yrs total). after that they are not legally obliged to hold it and the lack of it certainly doesnt mean that u dont have to pay your debt. A county court judgment is enforceable if u fail to meet the payments as ordered by the court regardless of weather you have recently requested a copy of your application. Only a judge can order that the debt is unenforceable for that reason and you will have to prove your case in the propper manner. Whilst you are entitled to ask for a copy of your CCA (if they are required to provide it at that date) but you will need to continue making your payments anyway.

 

For those of you wondering about EquiDebt purchasing debts and taking you to court i suggest you read the terms and conditions of your capital one card carefully this time, it states on mine that they reserve the right to transfer or sell your account to a debt collection agency without having to give any prior notice if you go into default. it also states that in signing the CCA you agree to accept charges accrued through any court action that is taken to recover the debt..... Oops!

[countrybake]

jay this is an unusual first post you usualy start introducing yourself but you go straight in there

 

i have also been refused a cca so i have now canceled DD they will have to fight for it now

[Mike220359]

No, because Heatons are solicitors acting it would be them who would send it anyway. I work for a firm of solicitors and can happily confirm that alot of the advice here is rubbish. Firstly for those of you who think asking for a copy of your CCA to be supplied within a month or the debt is unenforceable, i can advise that this is not quite the case. A creditor is only required to hold a hard copy of the CCA for 3 years and a copy on micro fiche/computer for a further 3 years( 6 yrs total). after that they are not legally obliged to hold it and the lack of it certainly doesnt mean that u dont have to pay your debt. A county court judgment is enforceable if u fail to meet the payments as ordered by the court regardless of weather you have recently requested a copy of your application. Only a judge can order that the debt is unenforceable for that reason and you will have to prove your case in the propper manner. Whilst you are entitled to ask for a copy of your CCA (if they are required to provide it at that date) but you will need to continue making your payments anyway.

 

For those of you wondering about EquiDebt purchasing debts and taking you to court i suggest you read the terms and conditions of your capital one card carefully this time, it states on mine that they reserve the right to transfer or sell your account to a debt collection agency without having to give any prior notice if you go into default. it also states that in signing the CCA you agree to accept charges accrued through any court action that is taken to recover the debt..... Oops!

 

Mods can you deal with this person, and I use that term in the most loose of terms.

 

Jay I realise that you (I contend) may have an axe to grind with regard to the work (sorry thats a four letter word ending in 'k') that solicitors do. But the law is the law, if the creditor cannot supply the documentation then it is not enforceable. Where's the law that says that they only have to hold onto the information for six years.

 

Sorry it seems (I contend) that you may (I contend) be about a little bit of mischief making to try and scare rightful claimers away from their rights because the MIB haven't done their homework and held onto the documentation as they should have done.

 

Turn it on its head, if the MIB can't prove a contract how do they enforce it.

 

If you are a solicitor grow up, if you (as you contend) work for a solicitor please remember a saying from my long lost mother-in-law "where ignorance is bliss 'tis folly to be wise".

 

Mike

[MARTIN3030]

Ok posts moved here.

Keep this for cap one.

For main default advice go to the debt and baliff section.