Capquest/Drydensfairfax - old cap1 debt

[banksdomyheadin]

Evening All,

A couple of questions below??

 

I had a Cap1 CC from 2003 and defaulted back in 2006.

Wrongly, I have been paying them a £1/month, through Capquest.

 

As I didn't fill in an I & E form this year, they asked me three times they have now passed me over to Drydensfairfax who sent me a letter last week(Friday) introducing themselves and said I had a week to fill in the I & E form (which I wouldn't do anyway).

 

Today I sent a CCA request to both of them with the £1 PO.

Whilst sending that I got a text off Dryden saying call or login to this link.

I have ignored and reported that to ICO as I feel this is a breach of UK GDPR? 

 

Cap 1 & Capquest have had letters years ago saying not to contact me by phone & hadn't since in my eyes Capquest /Drydens have broke GDPR (I may be wrong?) 

 

I know I will be asked why on earth I started paying them a £1 a month all those years ago but I did, quite stupidly I know.

 

Something I wanted to ask previously but haven't.

If all these credit card companies did not have the correct CCA and they have defaulted people in the past ..

.can they not be taken to task legally for ruining peoples credit files with defaults that should never have been defaults due to the CCA being wrong or not signed and this having a knock on affect to people's ability to gain better mortgage rates etc ?

 

I expect Drydens to come back in their harassing form.

[London1971]

That won't be having any effect on your credit file, that default vanished from view a decade ago. Who cares if they broke GDPR, it's irrelevant just stop paying them. Anyway zero chance of them complying with a CCA.  Stop paying them and ignore all Mail, calls, Emails , texts etc. Unless it's a claim form of course.

[banksdomyheadin]

Hi London1971 thanks for your reply.

My credit file is good these days, I understand all about the defaults I had many years ago ( I had 8 all around 2003-2006 ).

I am on about now with them breaking GDPR rules and the impact these parasites had on my credit file all those years ago, wasn't right at that time but they got away with it.

Anyway -Yes I will ignore calls, texts etc and will wait to see if they send in a claim.

 

[London1971]

Ok cool, but it's a waste of time and energy, and they would claim legitimate interest anyway, so it's pointless.

[dx100uk]

you agreed to allow the original creditor access to your credit file .

nothing you can do.

 

as for the debt buyer that owns you debt now and you've been a nice compliant DCA cash cow for whatever reason for XXXyrs, you've simply run the statute barred date into infinity.

 

have you moved since you took this card out and never informed Cap1 nor the debt owner in writing of your current address>?

[banksdomyheadin]

Thanks DX100UK

no i haven’t moved in 25 years the reason Drydensfairfax are involved is because a few weeks ago I didn’t send in an income and expenditure form to Capquest. So Drydensfairfax have sent me a letter asking me to fill theirs in. I haven’t done that I have asked them and Capquest for a copy of the Cca.

[London1971]

For What it's worth, the only people who have the right to ask for an income / expenditure report are HMRC, Tax Credits, DWP, Council Tax, Customs & Excise, or a Judge / Magistrate. Capquest and any other DCA are just con people into it by pretending they have the right.

[dx100uk]

so await their reply or not to your CCA request, they have 12+2 working days.

have you stopped paying? if not do so when that limit is exceeded.

 

if they do reply scan it all up to one mass PDF 

read upload.

 

if they dont, simply ignore everyone until/unless you ever get a letter of claim.

[banksdomyheadin]

I sent both Drydens and Capquest a CCA request both first class on April 4th with proof of posting.

This Monday (17th) I received this letter of claim dated 6th April. They obviously received and read my letters and gave this swift reply, including an Income & Exp form again.

It looks like they are choosing to ignore my request? 

Do I wait another week for them to reply with my CCA request and then fill in BOX I on the reply form "I need more documents or information"?

Document_2023-04-19_drydensff page1184934.pdf

[dx100uk]

No you hit letter of claim 

And follow post 2.

 

However run the 30days, come back here on day 28 and we will sort you 

 

Dx

[banksdomyheadin]

Afternoon All,

I did send the CCA request to both Drysdens Solicitors and Capquest (now Arrow) both on April 4th. No response to the CCA request from Drysdens still apart from the letter of claim last week. However got this undated, flimsy response from Arrow in Glasgow today with my £1 postal order returned.

arrowe response 24april23.pdf

[dx100uk]

thats a std response for arrows everytime to a CCA request

means nothing really.

[London1971]

Excellent ! They have acknowledged they have received it , 

[banksdomyheadin]

Yes they have but the solicitors completely ignored it and sent the letter of claim instead?

[dx100uk]

all automated , so no connection.

so when it gets near the 30 days time limit for your PAPLOC reply comeback here we'll sort it.

 

dx

 

[banksdomyheadin]

Always appreciate the support and help you guys give and does give people like me reassurance that we are not alone, thanks.

[London1971]

 

My money is on this being stopped dead in it's tracks! All for the price of a first class stamp.

[banksdomyheadin]

Morning All,

Think I need to sort the PAPLOC this week with you, due back on 5th May?

[dx100uk]

On 19/04/2023 at 19:19, dx100uk said:

you hit letter of claim 

And follow post 2.

 

However run the 30days, come back here on day 28 and we will sort you 

 

Dx

 

reason from your thread-  the claimant has failed to date to provide any paperwork despite previous requests to prove their claim.

1st class stamp with free proof of posting from any PO counter

[banksdomyheadin]

So just checking before I send off.

I have ticked Box D in Section one and added in the claimant has failed to date to provide any paperwork despite previous requests to prove their claim.

Then ticked Box I in section 4.and listed all the points as per your thread.

I also attached copies of my CCA requests sent on April 4th to both Capquest and Drydens?

No email details, no phone numbers, no signatures and just proof of posting.

[dx100uk]

you follow post 2 in the letter of claim thread!!

use the attached PDF ONLY print it out fillit out.

 

tick D add text as ive advised & tick I as advised there-  the list is pre done for you

 

you dont attach any evidence. its not a court claim at disclosures stage!!!

 

if you want to send the sols a copy of the CCA request sent to the Claimant with the form back to the sols thats upto you

 

simply do as post 2 says....,...

 

a new  CCA request goes to the claimant.

 

get free proof of posting for both.

[banksdomyheadin]

Hi sent the response off on May 4th - no reply to that yet.

 

I did get a reply today from Drysdens, see attached along with a £1 Cheque from them, obviously cashed the postal order?

They also sent me back my CCA request dated 4th April and that's it?

drysdens cheque.pdf

[dx100uk]

as they always do.

 

std practice for the arrows group ....if you go read any arrows capquest dryden letter of claim or debt threads where people send a CCa request.

 

until any of them comply with enforceable documentation and we check it, i cant see them going near any courtroom door.

 

dx

 

[London1971]

You can rest easy , 99% it won't go anywhere, just keep an eye on what does come through. Like I said, stopped dead in it's tracks for the price of a stamp!

[honeybee13]

Thread reopened. 

HB