Please Help Capquest halifax credit card

[j1mgg]

Hi all

 

I have just received a letter from H L Legal who have been appointed by capquest saying they are going to start legal proceedings for £3664.36 plus costs.

 

I have recently applied for my statements from hbos for unfair charges and have not heard from this company for along time could it be a coincidence.

 

1. On my statement it says that my final balance was £3169.22. so where has the extra £500 came from as debt people dont usually add interest.

 

2. What is a CCA. From what i can see it has something to do with the agreement and getting the debt transferred back to the bank?(this was a credit card)

 

I called capquest and the guy wants me to send in my incoming and outgoings( i am on benefits) i also advised i was disputing with hbos and he said i should put this in the letter. I would prefer to deal with the bank as i do not like debt agencys and there tactics how can i do this.

 

thank you all very much in advance first.

[Curlyben]

Hold your horse.

Step back and take a breather.

 

First off DON'T talk to them on the phone as they will twist anything you have to say. You want EVERYTHING in writing.

 

There are two things you can do.

Either send them a letter saying the account is in dispute and as such NO collection activity is possible, or go down the whole CCA route.

 

As you have sent your SAR to HBOS for the charges, I'd be inclined to tell them the account in in dispute.

 

Try something like this:

ACCOUNT IN DISPUTE

Dear Sir/Madam

 

Re: Account Number: XXXXXX

 

 

 

I would like to inform you that the balance of this account is in dispute with the original creditor.

Therefore I consider this account to be in dispute and no further action shall be taken until this matter is resolved

 

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Blah

You don't have to explain to them why it's in dispute, just that it is.

 

Once this is done, it will keep them off your back for a while.

During this time, get your claim sorted and read the site.

There is a MASSIVE amount of information and it'll take a while, but it's well worth the time.

[j1mgg]

Thanks CurlyBen,

 

it is just the court part but from what i have read it looks like these companies create their own Legal teams just to harass you.

 

I still dont know what a CCA is, is it explained what it is and what it does on this great site.

 

thanks again

[kennyparkroad]

to be honest i would CCA them anyway i hate Hamptons, and this will let them know if nothing else, you wont take it lying down.

 

 

send them this recorded delivery

 

 

Dear Sir/Madam

 

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Since you are a Debt Collection Agency, please also supply a signed true copy of the deed of assignment of the above referenced agreement

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Please find enclosed the £1 statutory fee which is NOT to be offset against any alleged debt, but to be used for the purpose stated.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

[kennyparkroad]

PS - a CCA is a Consumer Credit Agreement, by requesting it, they have to send you it, if they dont, they cant collect any monies from you until the request is satisfied.

 

does this help?

[Curlyben]

Kenny, good idea there, but I'd send the dispute first and then, after alot of reading, start in with the CCA/SAR route.

I spent about a week reading before I even started out.

I now feel I have enough information to take the fight to them.

 

To be honest I'm actually starting to enjoy myself.

[kennyparkroad]

i get your point Ben, i spent 4 hours a day for a week reading this site, getting to grips with everything, i wouldnt start out against them unless you have a rough idea what your doing, of course you can always ask for help thats why we are here!

 

Kenny

[j1mgg]

Thanks guys that is great:)

 

I am in the process of claiming from from 4 companies all at LBA stage, i will start to read this section alot more.

 

what happens if they dont get the CCA thing will the debt be cleared or reverted back to hbos?

[Curlyben]

Failure to comply with CCA DOESN'T void (or clear) the debt, just makes it unenforceable.

 

There is still a paper trail from the lender to the debtor, but to have it enforced needs a court order.

 

A debt becomes unenforceable after non-compliance of 12+2 WORKING days.

Thats 2 days in the post and then a further 12 WORKING days after thay receive it.

After a further MONTH the creditor has commited a criminal offence which can be punished with up to £2,500 fine.

[kennyparkroad]

LBA Stage?

[j1mgg]

lloydstsb i have sent letter before action

ge money just sent first letter

capital one just sent letter before action

halifax just sent first letter then mysteriously receve this threat from Capquest/ h l legal

 

So if i was to send the cca and they didnt have it in 14 days, i would still owe money but would not be able to go to court to get it. If they got it after that?

 

Is that why you advise go for the appeal letter first

 

Thanks Again

[j1mgg]

Hi all,

 

Received letter from capquest after sending them a letter stating the account was in dispute with halifax.

 

"Dear Me

 

Debt purchased from: halifax plc

acc number

balance

 

Furhter to your recent correspondance and in order to process your communication further, we will require you to provide the following information by 09/04/07.

 

Full details and supporting documentation of your dispute with the above client

 

Your account is on hold for 10 days however, if we do not receive the above information by 09/04/07, your account will be passed to our collection department for further action.

 

yours sincerely

 

capquest"

 

 

just to add the last payment/transaction i made to this acc was on the 9/09/2002.

 

What should i do now, should i send them the CCA request above?

 

thanks for help

[kennyparkroad]

bumping this up for you.

[CAGisforME]

I am dealing with HL Legal too (Hire Purchase debt with G E Custom), so I wanted to subscribe to this thread.

 

I sent a telephone harassment letter to them as they insisted on trying to talk to me about this. They SEEM to have ceased calling for the time being.

 

They will not accept that I am in dispute with the original creditors either and despite CCA request and a completely unreadable copy of an agreement sent to me are still refusing to say anything in their letters other than "please forward your proposals for repayment within 7 days of this letter"

 

I'm not hi-jacking your thread, just thought it would be pertinent to warn you that HL Legal don't appear to be able to read, or understand that they have obligations under the CCA.

 

I have SAR'd the Original Creditor now, to see if ANYONE holds a legible agreement.

 

I can only suggest that you do the same and DON'T talk to HL Legal on the telephone. They are bullies and seem to interpret the Law as they see fit.

 

;)Chin up.

[j1mgg]

Hi all,

 

Sent off the CCA on thursday by recorded delivery and this the first communication i have had since the above posted letter i received.

 

Got a this letter this morning.

 

16 Dec 05

 

Jimgg

 

Dear Mr j1mgg

 

Re: Halifax plc

product Halifax plc credit card

acc no 1234 5678 9123 4567

 

I am writing to inform you that halifax have sold your acc to capquest investments ltd.

 

This means that the effective owners of the above acc are now capquest investments ltd.

 

capquest investments ltd have appointed one of their group companies, capquest debt recovery ltd to manage your acc on their behalf. All contact regarding this acc should now be directed to capquest debt recovery ltd on telephone number 01252 576444.

 

I can confirm that the amount outstanding on your acc as at 01 nov 05 was £3169.22

 

yours sincerely

 

Halifax guy

 

 

Why have i received this or does anyone know the point of it. It has a halifax logo at the top in blue but i have a funny feeling that the letter is a photocopy and the stamp mark on the envolope was from FLEET just where capquest offices are.

 

Is this their reply to my cca?

 

please help

[kennyparkroad]

no this is not a reply to your CCA

 

i would contact HALIFAX directly and get them to confirm if they have sold the debt.

[rory32]

Just a point of note - don't know if you CCA'd Halifax or the DCA - Halifax even though they have closed your account and sold it on (allegedly) they are still required by law to keep a copy of the original credit agreement for 6 years after closure of the account.

Just got a letter yesterday from Cap1 informing me as they have closed and sold my account they don't need to keep a copy of the credit agreement - the fools!!

[kennyparkroad]

oh well keep that letter youll need it

 

tempted to write back and say they have broken the DPA and apply for compensation?????

[Vampyra]

Yeah DPA breach was my first thought, Kenny.

[kennyparkroad]

thats where i would go with it.

 

doesnt matter if they sold it on, they had a legal obbligation to prove they could chase debt

 

i would take this further.

[j1mgg]

Hi all

 

i take it the taken protection part wasnt aimed at me

 

i have since receive a letter from Capquest advising it will take 28 days to look into this and they would be grateful if i could send them any receipts or statements i have.

 

1. Surely they are stating there they will break the 12 day time limit

 

2. Why would i want to prove anything

 

also i got my credit file from experien and equifax and i cant seem to see this debt anywhere on there. Would there be any reason for this?

 

Thanks guys again

[NitrousOxide]

Hi,

Very interesting copies of so called agreement from capquest to be posted by me soon (when I get near a scanner)

[rory32]

j1mgg, so they now want you to help them? Yeah right.