Capquest- chasing capital on tap/New Wave Capital Card debt Personal Guarantee debt

[MOSS 41 4]

Hi- 

i have two debts from a ltd company liquidation, which they say have a personal guarantee - no evidence obtained yet

which has been sold to capquest at the beginning of the year. one for approx £7000 and one for £5000

 

They have been quiet over lockdown, but i have written to them asking for signed agreements and do everything in writing - no response 

 

i even raised a formal complaint as one debt took out at old address and they kept sending docs to old address- even though company they bought debt off used current address,

 

didnt want a back door CCJ, so said i know you are ignoring my change of address and im calling you out on it- now resolved and post comes here.

 

i keep getting emails saying login you have document , but it wants to have my personal info to unlock which i wont do over email, because of ID theft.

 

Now they send me letters saying they have found the agreement- please contact the office or get another one of those emails, login for a document.

 

ive sent another letter, saying again  all in writing please provide my agreements i wont use the phone or email.

 

now if they can send me these letters , why cant the include the agreement with the letter they have sent to me.

 

is this a ploy to get me on the phone- 

do they not have it? (i would have thought they did)

 

any experience with their behaviours?

[London1971 1,106]

Email from Capquest is a scam. Nothing to do with them. Do not reply.

 

When did the debt default? When was the last payment date ? Are they still showing on your credit file?

[MOSS 41 4]

its a business debt defaulted earlier in the year, not on credit file as we dont have an agreement with the creditor personally

its a personal guarantee called in

 

yet to see agreement or evidence to enforce this though

 

[London1971 1,106]

Then providing Capquest have your current address, just ignore everything unless it’s a letter before action.

 

If they return an agreement then run it past us on this thread.

 

Capquest are just another powerless DCA, not worth getting worked up about.

[MOSS 41 4]

ok - thanks , wasnt planning to engage with them unless they provide and agreement

 

similar problem with another debt ( asset finance on closed business) apparent PG with £1810- o/s 

i sent recorded delivery letter provide docs in march 2020.- they wont collect the asset ever-recorded call-- so not mitigating my losses anyways

 

now getting emails saying how you going to clear this , i said respond to my letter sent recorded delivery ( basically offer of F & F £400 out of goodwill or provide docs- no response)

they said havent seen it - people arent working in offices etc 

 

but thats not my problem -is it?

i cant write to someones home address and im not sending legal docs and personal info over email.

[London1971 1,106]

In all circumstances it’s very important that you make sure every creditor has your current address. I mean you send it in writing to them.

 

After that you don’t need to do anything , don’t engage in pointless letter tennis.  Only response needed is if a letter before action comes through.

 

If anyone rings up from Capquest etc, just be firm but polite. ‘Sorry I can’t give out details over the phone, please write to me’

 

 

 

 

[dx100uk 9,690]

Signed personal guarantee is the more important document.

 

Please dont offer payment blindly again.

 

[MOSS 41 4]

ok - the offer was only because i feel they will come up with a document, and for me my time was worth £400 not to fight as i have so many debts to deal with after the closure of the business.  but i dont know its been six months , do they loose 

these agreements sometimes?

 

 

[dx100uk 9,690]

do capquest state who their client is?

or have you already had a notice of assignment the debt has been sold to them or arrows?

or

is it still owned by the original lender and capquest are merely chasing it by stating our client is xxxx...?

 

dx

 

[fkofilee 1,342]

2 hours ago, London1971 said:

Email from Capquest is a scam. Nothing to do with them. Do not reply.

 

When did the debt default? When was the last payment date ? Are they still showing on your credit file?

 

Disagree - Most DCAs are moving towards an electrical database / storage setup. 

This is normal. In actual fact it is your RIGHT to have everything in writing via post

 

Recently DSAR'd nationwide - Was provided everything via Adobe electronically  

[MOSS 41 4]

i have a letter saying it has been assigned from new wave capital ltd to arrow global ltd on 15 may 2020 and on this date all rights of new wave capital  as owner of debt transferred to arrow global ltd 

[dx100uk 9,690]

sold on then.

 

so obviously no signed personal guarantee then.

else new wave capital would have taken you to court and crushed you.

 

ignore totally until/unless you get a letter of claim.

 

 

[MOSS 41 4]

do you think ? thought maybe it was because of covid 19 so just wanted cash quick,rather than unenforceable 

i did think it strange they didnt pursue themselves 

 

they (arrow/capquest) sent a letter saying had the documents/signed agreement but didnt provide with the letter, just said contact office to get it - which i wont, surely if they had it they would have included with the letter 

 

i was fully prepared to defend under Etridge principles if they found it - legal advice certification etc etc

[London1971 1,106]

12 minutes ago, fkofilee said:

 

Disagree - Most DCAs are moving towards an electrical database / storage setup. 

This is normal. In actual fact it is your RIGHT to have everything in writing via post

 

Recently DSAR'd nationwide - Was provided everything via Adobe electronically  

That particular Email is a scam. It isn’t Capquest.

[London1971 1,106]

Think about it, if someone owed you money and it was a rock solid open and shut case.

 

Would you 

 

A. Take the person to court and win easily?

B. Flog the debt for 5p in the £ to a bunch of incompetent bottom feeders?

 

Answer on a postcard 

[MOSS 41 4]

i was pleased when they did sell it on - and i suppose on reflection, apart from sending me a default notice making out like it was a personal debt under CCA 1974 - which it wasnt and they agreed when i complained, they never bothered me again until sold on.

[MOSS 41 4]

Quick question,

I’ve read up a lot on the resending and signing of credit agreements when new credit tokens are given - but this obviously a consumer issue , and my debt is business so unregulated 

 

however is a credit agreement is presented and titled - consumer credit agreement under 1974 - does it become a consumer agreement , or it can’t be even though they title it so - as this would change someone’s rights significantly By them incorrectly calling the document something it is not 

 

and one area where I feel they don’t have a signed personal guarantee Is because a couple  of years back new wave capital said their cards are changing from MasterCard to visa , please sign up to new agreements blah blah

 

i said no - I’m not signing and I’m not agreeing to personal guarantees on a new different type of card - I’m happy how I am am but they issued and changed our account to visa without us signing anything as we refused 

 

because I would right in thinking they needed us to resign up as changed the product on us which we (I have in writing) expressly refused to do. 

 

I have found in my email archive a copy of one of the agreement and alleged guarantee , importantly to note though it does not appear to be signed signatory boxes are as follows Verbatim in words and layout 
 

box 1

this document is a guarantee. Sign it only if you want to be bound by its terms.

signature of guarantor mr xxxx bxxxx (large area next to this unsigned and blank)

Dated:feb, 17 20**

 

box 2

signed for and on bald of NEW WAVE CAPITAL LTD

signed: David Lxxx

dated feb 17, 20**

 

 

its obvious box 2 the person who is named has their name applied as an e-sig (after a colon) and is to be operated as such - the name was intended as signature 

but box 1 just mentions the signature of ********, there is no 

signed: ******

 

This clear distinction shows husband signature not applied in box 1 

 

what do you think 

this inclusion of name on prefilled electronic document done online by the lenders does not reflect the operation of a signature under Mehta v J Pereira Fernandes SA in that name must be intended to be a signature and not inserted as a result of software and no legally binding guarantee 
 

and Under eIDAS regulation only qualified electronic signature (ie the ones using software like docusign or others) have equivalent legal effect to hand written signatures- required for personal guarantees under s4 of statute of frauds.

 

so Not seeing a validly signed agreement 

any opinions welcome 

 

 

 

 

 

 

 

 

[dx100uk 9,690]

until a signed personal guarantee is produced, it's not enforceable.

if it was done by electronic sign up

then there will be a tichbox and a type name

and also an IP address.

 

dx

 

[MOSS 41 4]

They haven’t produced evidence of a tick box or an IP address , just what I posted up 

 

how would they produce evidence of a tick box , IP as they didn’t use a signature confirmation site ? 
 

obviously it was done online - and I would of had to tock a box for the business application ? 

 

Ok - I’m getting frustrated with Capquest now - I’ve asked it copies of ‘signed’ documents - And a statement of account

 

they wrote back saying we now have the Signed document (they don’t , they would only have the unsigned copy like me - otherwise it wouldn’t have been sold to them  )- but didn’t include in the letter , just said email them as Capquest will only email client documents! I’ve written again and asked why wasn’t it included in first posted letter and said yet again must send to me by post . 

They also said in letter we are unable to revert to original creditor in order to obtain the statement of account you requested 

 

so they won’t send me docs and they won’t obtain or send me a statement of the balance 

 

how can they operate like this

- I have a right to use the postal system due to Capquest email scams and a right to know how much is requested and how they got to this number 

[dx100uk 9,690]

stop entering into silly letter tennis.

 

simply ignore them until or unless they issue a letter of claim.

 

[MOSS 41 4]

Is there a cease and desist letter I could send -bit like the three letter process , or is that not supported by this site and out of date ?

[dx100uk 9,690]

freeman of the land twaddle!!

 

no wonder you are frustrated if you've been believing that crap

 

as my last post.

[MOSS 41 4]

Ok- duly noted 

[MOSS 41 4]

i have recieved a printed copy now, still not signed in my eyes, just a blank area next to a typed name but i actually think the debt was sold on

because they have stated in writing , 'the creditor holds no statements for this account so none can provided'

 

meaning the reason they cant enforce is nothing to do with signed guarantees but, no evidence of the amount owed?

i'm assuming they cant enforce without proving the figure ?

 

[dx100uk 9,690]

i wouldn't bank of no statements equalling no claim..

 

did you ever send the OC an SAR?

 

dx