capquest deed of assignment

[bluedannyw]

I've had a response from my local trading standards, although i did write to the one in hampshire. They have said that Capquest have told them they can not provide the credit agreement. They have speculated that Capquest might return the account to capital one. However they are saying i should continued to pay as they will probably pass my account to another dca and they may take me to court even without the agreement. They say a list of account usage will be enough to prove i owe the money. Also i have finally had a response from scotscall saying as my letter was not sent recorded delivery it took a month to get to them. What a blatant lie, i did send recorded delivery and it arrived on the 25th of may. They say they have requested the agreement but in the mean time i should pay them. I don't think so, if Capquest couldn't get the paperwork i can't see how they will get it. Not sure what to do now, maybe time for me to bring capital one to court.

[kennyparkroad]

you should CCA Capital One direct, this stops them from passing it onto ANYONE Else.

 

also if Capquest have admitted they cant provide the legal document, this too stops them from passing on ANY information.

 

I would write to capquest to inform them youve been made aware via Trading Standards that they do NOT hold a copy of the CCA and that this means they are not allowed under the OFT Guidelines to continue to persue this alleged debt, or to pass this onto anyone else while the alleged debt remains in dispute, if they do you will report them to the ICO for breach of the Data Protection Act.

 

 

hope this information helps.

[kennyparkroad]

PS - might be worth writing to Scotscall saying that Via Royal Mails track and trace delivery service you have written proof that the letter was delivered on the 25th of may and would produce this in court, next to their letter of blatant lies and remind them that since you have the proff the letter was delivered on the 25th of May they have obviously went over the 12 day default period, therefore you are legally allowed to stop payment until and unless your legal requests are satisfied,

 

that should put fear into them

 

PS - list of account usage may prove you OWE money, but without the CCA it becomes unenforceable (dont put that in letter though, you keep that to yourself)

[bluedannyw]

Just realised the letter from scotscall says please be advised we are unable to provide the requested agreement. Please contact your creditor to request this document. In the meantime please continue to make make payments to scotscall. I have never made payments to them. Why have they not requested capital one to provide the agreement. And maybe neither have Capquest contacted capital one. Funny how capital one apparently sent me this same agreement over a month ago. Thats what Capquest told me in may. Not sure if i should just leave it or send cca to capital one?

[kennyparkroad]

send CCA to Cap 1

 

tell Scotscall because they are unable to provide an agreement they have no legal right to collect on this debt and demand all files be passed back to Capital one for their attention, failure to do so will result in a complaint to the ICO for breach of Data Protection Act.

[bluedannyw]

Well I sent CCA to Capital one on Saturday 30th of June and had nothing back yet, so fingers crossed.

But had a letter from scotscall saying final notice. If I do not pay the full amount in 7 days thay will have no choice but to return the account to Capital One and recommend legal action.

That's the funniest threat I've ever had. I want them to pass it back to Capital One, that's what I've been trying to get them and Capquest to do for the last 2 months. And i'm not too scared of legal action until they send my agreement. Thanks for everyone's help over the last few months, especially Kenny. At least now it will come to a head, either they send my agreement and I will start to pay again or they will default, or try and palm me off with an application form, if so they will have to bring me to court before they get another penny from me.

[kennyparkroad]

i would still write to them and say

 

"because you cannot supply the CCA - you have no legal right to ask for payments on this alleged debt and therefore your letters are threatening and harrasing, cease this now or i will have no other option but to report you to the relevant authorities.

 

PS - pass the files back you clown!

[TUTTSI]

i would still write to them and say

 

"because you cannot supply the CCA - you have no legal right to ask for payments on this alleged debt and therefore your letters are threatening and harrasing, cease this now or i will have no other option but to report you to the relevant authorities.

 

PS - pass the files back you clown!

 

Sounds good to me!!

[bluedannyw]

Well finally i have been sent the application form. Despite there being a recieved stamp showing april the 30th they told trading standards they could not get a copy a couple of months ago. They now say it is imperative i start to make payments. Also the form clearly shows i ticked no to Ppi but they still charged me for the whole time of the account. Weirdest thing is the account balance shows £0.00. So not sure what is my next step. I am tempted to send a letter saying as gesture of goodwill i am willing to pay off the balance on an ex-gratia basis as i do not acknowledge this debt. And send a cheque for zero pounds. Ha ha

[kennyparkroad]

well if you didnt tick the PPI and they charged you, i think you should now SAR (if you havent already) and claim that back.

 

plus if the account balance is ZERO - they have nothing to collect on

[bluedannyw]

I already have all statements. But i'm quite sure if i take all the Ppi off it is still less than the final settlement they've offered me. The balance shows zero, but its probably a mistake. So i wil wait for there next letter to see. But i may offer 20% final settlement take it or leave it or i will see you in court. Just want it over and done with now.

[bluedannyw]

I meant more than the final settlement they've offered me.

[kennyparkroad]

i would claim back all PPI charges for sure.

[bluedannyw]

Just looking at other threads in the ppi section it seems that when I phoned up to activate the card they forced me into saying yes to ppi. They would need to prove this so the form saying no should be all I need to win. I am wondering now that as they are on dodgy ground, they would think against taking me to court, only having an application form and no executed agreement, of which the form shows they have fraudulently taken money from me.

[jetbags]

Hi All,

 

Been reading through and had a little light bulb moment !!!

A previous post has highlighted that his Egg loan agreement may not have all the prescribed terms for it to be enforceable.

I have compared this against my own and its identical.Now this means that CQ are chasing a debt that cannot be collected.

 

As i am a long way into a full complaint with the ICO, TS and the FSA against Capquest, would it now be prudent to take this matter through the small claims court and finish it off once and for all, or let the relevent authorities continue with their enforcement procedure ??

 

Any help would be very much appreciated...

 

Jetbags

[sansho]

Jetbags if you are absolutely sure the prescribed terms are not there, by all means forge ahead with the small claims. However make sure your POC is detailed and draw reference to whatever documents & letters they have supplied or sent to you and the deficiencies. Check threads across the forum thoroughly to properly flesh out your POC and arguments.

[tomterm8]

I would be very careful. All the egg agreements I've seen so far have been borderline, but enforceable.

[bluedannyw]

I decided to wait and see what would arrive next in the post from Capquest. However I recieved a letter today from Capital One, they have sold my apparent debt to Lowell Portfolio. I'm not sure if this is a good thing or not. It proves that Capital One realise they are fighting a losing battle.

But now I suppose I will have to CCA Lowell Portfolio and start the ball rolling all over again.

I'm not sure how aggressive these guys are, But I'm sure that the fact there is no valid Credit agreement will not make them roll over easy.

[bluedannyw]

I must admit I am very annoyed though that I offered 25% full and final settlement to them months ago due to the lack of executed agreement and the fact that the balance I owe is made up of unlawful charges and PPI insurance that I never signed up for, now they have probably sold my debt for 10%, this should be illegal.

[bluedannyw]

Just about to type up new cca to lowell portfolio. Should i add in the letter that capital one have defaulted on my cca request as have Capquest and scotscall. Also they have acted unlawfully selling my apparent debt as it is in dispute. Also should i add the balance is made up of unlawful charges and Ppi i never signed for, and also point out that trading standards have been involved. I will give them a choice of passing back to cap one if possible now they have bought it or accept my full and final settlement of 20% of total balance on an ex-gratia basis. Any input would be appreciated.

[bluedannyw]

Well i sent the cca and full and final settlement letter to lowells yesterday and it has iden signed for today. Just a quick question. Now my debt has been sold to lowell's how many defaults will now be registered? Will there be defaults for capital one, Capquest, scotscall and now lowells? Just thinking positively ahead in case they accept my offer. Although i know there aint much hope of that.

[kennyparkroad]

only the creditor who OWNS the debt can put a default on your credit file, but from what i understand you cant be defaulted more than once for the same debt,

 

has the debt 100% been sold to lowells and not just passed on for collection on behalf of Cap 1????????

[bluedannyw]

Yes had a letter from Capital One saying they sold the debt on the 14th of August 2007.

Even though the agreement is in dispute! tut tut.

I have offered Lowells 20% full and final settlement. I said if you can not agree to these terms I would strongly advise you pass back to Capital One.

 

Not sure if they can now as they have purrchased the debt though!

[kennyparkroad]

i suggest getting a copy of your credit file, see how many defaults are there, from who, and get back to us.

[kennyparkroad]

PS - if there is NO CCA i wouldnt offer them ANYTHING!