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Help! What do I do?


Guest ArthurP
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Guest ArthurP

Hello all. New here but need some urgent advice.

 

I lost my job last month and have been unemployed for 6 weeks.

I got in touch with my creditors who have all been fine and have accepted token payments until I get back on my feet.

 

All but one-Egg credit card!:x

 

I owe £7k but couldn't pay the minimum amount so offered £5 a month.

 

They didn't reply to my offer and sent me a Default Notice and that I had to pay £272.39 payable by the 2 April 2007. (And warning me that after 28 days they will register a default).

 

On the 19th April 2007 I received a letter which terminated my account.

 

Just now, 25th April, I received a phone call from a chap who said he was calling from Cap Quest and asked for my details.

 

I asked who Cap Quest were as I have never heard of them and he wouldn't say other than 'give me your details then we can discuss.'

 

I refused so he hung up.

 

I just googled Cap Quest and they are a DCA.

I gather they are being instructed by Egg to recover this debt.

 

I informed all my creditors that I was due to start work on the 1st June as a Domestic Energy Assessor producing the new Energy Certificates for homes being sold and now I won't be able to be licenced because I have a default against my name!

 

Egg knew this was only short term-no more than 3 months-but they still went ahead and did this. :x

 

Can I do anything?

 

Can I challenge the default as the £7k is made up of late payment charges, overlimit charges and non-DD charges?

 

Isn't the default then inaccurate?

 

Thanks for all who can help.

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Hi Arthur, Egg sold my alleged debt with them to Capquest, I managed to negotiate a token payment with CQ of £1 per month...to be reviewed in 2048! I hadn't found CAG then, but I've learnt a lot since I have. I've now sent a SAR to Egg to help me find all illegal charges, and find out what info they do have on me. I 'm holding back on sending a CCA to CQ till I get my SAR stuff from Egg.....basically I'm a bit scared of rocking the boat with CQ till I have some ammunition.

 

1. Send a CCA request to CQ.

2. Send a SAR to Egg

 

I would have done this much sooner....if only I'd known.

 

Good luck.

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Guest ArthurP

Thanks zimmie.

 

But how will this cca and sar request help at all.

 

What does it do? Just buy time?

 

I'm unfamiliar with things like this.

 

Cheers

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Hello There Arther I Just Read The Thread.....i Don`t Know If You Have Tried,but I Think Its Worth You Going On To The Chat Room,[cag..chat Room]which Can Be Located At The Top Of This Page.....you Should Get The Advice You Seek There Bud.....all The Best..

Dean..

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Sorry Arthur, I didn't really make myself clear....

 

CCA is a request for a copy of your original credit agreement...send it to Capquest...it basically requires a debt collection agency (Capquest) to prove that they are legally entitled to pursue the alleged debt.

 

SAR this is a request under the Data Protection Act 1998 for all information held about an account you may have had. It will help you identify if you have had illegal charges placed on your account. If there are any illegal charges you can claim them back...maybe significanlty reducing an alleged debt.

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This is the letter I used for the CCA request:

 

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on the debt you appear to have been sold. I do not acknowledge any debt to your company or its associates.

 

Therefore, please supply me with a true copy of the original agreement and find enclosed a cheque for the statutory fee of £1, this fee is NOT TO BE offset against any alleged debt and must be used for the purpose stated.

 

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.

 

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.

 

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

 

Yours faithfully,

This is the letter I used for the SAR

SUBJECT ACCESS REQUEST UNDER THE DATA PROTECTION ACT 1998

Dear Sir/Madam,

ACCOUNT NUMBER:

 

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

I await your response.

Yours faithfully,

 

 

Hope this helps Arthur

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Guest ArthurP

Thanks zimmie that's a great help.

 

I wonder, if my default is for £7k but, say, 500 quid of that is of charges, is the default valid?

 

Thanks again for your help.

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