Capquest/Drydens Letter of Claim - old Virgin/MBNA card

[hamadryad]

This is what I've sent to Capquest this evening.

 

 

They have had time to respond to the CCA now!

 

I recently wrote to you regarding my new address, now I am settled at last, and advised you that I could only be contacted by emai

l and that your assumed right of access is withdrawn.

 

I explained that this was due to the fact that I am my Mother's registered carer since she has been diagnosed with advancing Alzheimer's

, and has further been defined as a vulnerable person under the Mental Health Act and the Mental Capacity act.

 

I sent you a CCA request that you have not responded to inside the 12+2 working day timeframe.

 

You clearly do not hold the original paperwork on any of my liabilities

and therefore I propose to stop all payments to you, and will instead re-instate them to my original creditors.

 

I have kept meticulous copies of all payments made against the accounts

and I have today sent SAR requests to all my original creditors to verify the details with them.

 

In future all my correspondence about my accounts will be directly with my original creditors.

 

Thank you for your concern and understanding,

 

Yours faithfully

 

Let's see what they have to say about that eh?

 

H

[Bazooka Boo]

If they failed to send you the CCA within the timescale, then there is nothing else to do, it's often NOT the best advice

to inform them that they haven't complied, as they will put extra effort in to finding one.

[dx100uk]

yes please try and refrain from firing off unnecessary comms.

 

 

check with us first.

 

 

no good paying the OC either.

[hamadryad]

OOps, it's already gone!

 

H

[hamadryad]

Hi,

 

Ooops!

 

Don't understand why I shouldn't be paying the OC though. I do owe the money & don't want to kick a hornets nest!

 

H

[dx100uk]

the debt has been sold on

nothing to do with them. anymore

[hamadryad]

Hi,

 

I have to find out who I owe the money to though, so I can clear my name!

 

Surely the SAR requests will reveal to whom I owe the money and how much. They should also reveal to whom the debts have been sold too, yes?

 

That being the case, do I not have a liability to the new owners of the debts?

 

I really want to get this monkey off my back!

 

H

[dx100uk]

no CCA = NO pay.

 

 

dx

[hamadryad]

I understand that, but the debts must be somewhere; after all my payments, such as they are, must have been going somewhere.

 

One would hope they have been credited to the accounts, and my noddle report says they have shifted about. At least one has gone to Arrow Global which is now Capquest, I am led to believe!

 

H

[dx100uk]

capquest is not AG! otherway around

 

there you go again

 

just because you 'think' you owe money

 

your payments were going to the dca

lets hope they went off the account.

 

not in their pockets

dx

[Bazooka Boo]

after all my payments, such as they are, must have been going somewhere.

 

One would hope they have been credited to the accounts,

 

Straight into their profit pocket most likely!

 

It is deliberately designed to be this confusing, as the industry does all it can to exploit the debtors lack of knowledge.

 

The reason why they pass these accounts between themselves is because it keeps their industry alive, by the selling and buying of

accounts in huge portfolios costing millions, once one outfit has had their pound of flesh out of you,

they will flog on the remainder to another outfit in another portfolio, who will take what they want, before flogging it on again, and so the merry go round

continues!

 

Your job is to demand the necessary documents (CCA etc) in order to ensure they have a legal right to be demanding money from you.

Then the SAR to find the true amount of the debt, disregarding the fees/charges so you have a true figure, not one

the OC or the powerless DCA has plucked from thin air to con out of you.

 

Most if not all, of these DCA's are pushing their PULHEEMS...

[hamadryad]

Hi both,

 

The SAR requests will go tonight, then I'll know the exact size of the problem.

 

Shall I to tell both Capquest and Moorcroft that I am stopping my payments to them, or just cancel the standing orders?

 

I can get a complete list of all the payments I have made and if there's a discepancy, can I take legal action to recover the losses?

 

H

[dx100uk]

Hi both,

 

The SAR requests will go tonight, then I'll know the exact size of the problem.

 

Shall I to tell both Capquest and Moorcroft that I am stopping my payments to them, or just cancel the standing orders? just cancel if they've failed the 12+2 working days time limit

I can get a complete list of all the payments I have made and if there's a discepancy, can I take legal action to recover the losses?

H

 

 

if they've not found their way off the debt

you could certainly make them squirm a lot.

 

 

clue here might be you CRA file

if the balance has decreased on a debt during the time you've paid a DCA

then that will answer it

noddle often has a payment history blue arrow tab

[hamadryad]

Hi,

 

New job is taking my time a bit, but when I get a while I'll go through it.

From memory though, the debits did seem to be coming off he account.

 

I will check though!

 

I have cancelled the standing orders for Moorcroft and Capquest too.

 

We'll see what transpires. As they say, watch this space.........................................

 

H

[Bazooka Boo]

They will undoubtedly spit their dummies out......but like petulant children if you ignore them long enough they go quiet!

[hamadryad]

I will check exactly which OC they are supposed to be garnering money for, so I can reinstate the payments to the OCs. That way I cannot be accused of trying to ignore my responsibilities.

 

 

The DCAs can go swivel though!

[dx100uk]

if the debt is shown as being owned by the DCA on your Credit file

or

you have had a notice of assignment telling you its sold

then its NOTHING to do with the OC

they don't even WANT your money

 

 

wise up!

[hamadryad]

My apologies, I seem to have lost track of things here.

 

All this moving around and worrying about my mother.

 

She is in care now, I have a new fiancee, (who does not know about this matter), and I'm building a new life.

 

I will send a CCA request to the capquest people, which if they fail, I will ignore them and just pay the OC's the £5pcm

[dx100uk]

so you've not already done that?

thought you'd sent these off +2yrs ago..

 

pers I think i'd be sending a CCA request to EACH ONE .

 

dx

[hamadryad]

Hi dx,

 

I have sent them off 2 years back, and downloaded my noddle credit report. It does say, looking back over it, that arrow global are the lender for the £9901, and the £5758.

 

Seems I'd better be paying them instead of the OC, which is where my payments have been going.

 

I can afford to pay each of them £5pcm to maintain the status quo. What do you think.

 

I'm 64 next month. Not employed, and collect my OAP next august.

I've come into a little cash too, so do I:

1. Make an offer to each of my creditors, or

2. Have a holiday.

 

H

[dx100uk]

wait for each CCA return.

 

if they fail 12+2 working days you cease payment to that one.

 

if any return paperwork

you make a new thread for THAT DEBT

and scan up the paperwork for checking.

 

so make yourself a tick list

[hamadryad]

Hi all,

I stopped all payments to everyone as advised, and thought no more of it since wetcloths didn't contact me again.

 

Today I got a letter from Arrow global, who have apologised for not complying with the terms of the CCA 1974(as amended), in that they haven't supplied me with statements of the account they hold on me from 26th Sept 2012 to 30th Nov 2018.

 

They say that to remedy this 'oversight' they have enclosed a detailed statement covering the period, and that they will send regular statements to ensure I am fully informed 'about all the activity on your account'.

 

They add that if I want to 'discuss any details of my account, I can also get in touch with crapquest.

They then give the same phone no as for arrow!

 

I think that by their own admission, the account is already statute barred.

 

Just a thought, but since I've never paid any money to DCA's, and the OC's do not tell the DCA's anything, aren't all the accounts with the DCA's statute barred?

Edited January 16, 2019 by dx100uk
merge/tidy

[dx100uk]

crappest are part of the arrows group

 

SB runs from the last payment date on a debt to anyone.

[hamadryad]

Hi dx,

 

I'll just ignore the letters then.

 

H

[hamadryad]

Well the phone calls have started again!

I can block them on my personal phone & I have caller vetting on the home phone.

Still, I can do without the hassle.

Do I reply & talk to them & explain that I’m just on the state pension & they can’t have what I haven’t got, or just continue to block?

Capquest have sent default notices, and say they will continue to do so about every 6 months.

H