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    • this is what shell have just sent me in email, confirming mistakes were made it the final response / deadlock letter, they are only telling me this now, 6 months after the deadlock letter was sent to me and long after court action started   please is the actual deadlock letter binding, or can they just noll and void it like this?   Thank you for taking the time to speak with me this evening regarding your account. As agreed, I am emailing you with the details of what was discussed during our phone call so you have a copy in writing. I advised that you previously had an account with Shell Energy (formerly First Utility) for property  and this has an outstanding debit balance of £187.24. However, due to the age of the account and when the invoice was produced on this account, this balance is being cleared. This balance will be cleared within 10 working days and the account will be closed at a zero balance. In regards to account  I advised that back billing credit of £630.45 that was applied in April 2020 was applied in error and was later withdrawn. I explained that the reason it was applied in error is because the back billing period this amount was calculated for, is the same period that the back billing was previously calculated for and a credit applied to the account in February 2017, with the amount of £1192.32 being applied to the energy account. I advised that at the time the deadlock letter was written, the information within this letter was accurate based on the account at that point. After receiving the deadlock letter, you then escalated your case to the Ombudsman. It was at this point, an agent investigated your case and realised that the back billing credit of £630.45 was applied in error. This was addressed within the Ombudsman's findings in writing and they confirmed that the £630.45 was an error and it is correct in being removed, leaving the account balance at £644.48 which is valid and liable to be paid. I appreciate that you have advised the Ombudsman case is null and void as you did not accept their decision and you are right in saying that the actual final decision that they issued was non-binding upon Shell Energy. However, this does not change the outcome of their findings or the fact that the back billing credit of £630.45 was not due to the account. You queried if our call was recorded as you would need it for a judge, to which I confirmed it was recorded. If you want me to raise a SAR for a copy of this call recording, please do not hesitate to reply directly to this email and let me know and I can arrange this for you. I advised that as your case has now been escalated to Shakespeare, legal fees have now been incurred. I advised of the breakdown of these fees: Legal representative cost £70 , Court fee £60 and interest £146.06. I also confirmed that these legal fees were on top of the account debit balance, resulting in an overall balance of £920.54. As discussed, due to the case now being with Shakespeare, I am unable to offer any settlement figure internally. However, I can arrange for Shakespeare to call you directly to discuss your account and options available. You queried if they would be able offer/discuss a settlement figure/payment plan, to which I confirmed that I could not comment on this as I do not know their process, however they will be able to discuss the options in more detail with you directly. As agreed, I will arrange for Shakespeare to call you tomorrow; Friday 27th November 2020. If they are unable to get hold of you, they should be able to leave a voicemail for you. During our call, you also queried who would appear in court to represent Shell, whether it would be a member of staff directly from Shell or whether it would be a representative from Shakespeare on our behalf. I have gone away and spoken to our legal team who have confirmed that it would be Shakespeare who would lead with a representative on behalf of Shell. I hope the information in this email clarifies our position. As advised within our phone call, I am genuinely sorry for the shortfalls you have experienced and I fully appreciate the frustration this has caused. As above, if you would like to request a copy of our call recoding from today, please not hesitate to let me know and I can raise a SAR for this. You can reply directly to this email or you can call on 0330 094 9158. Our lines are open Monday to Friday, 9:00am to 6:00pm. Please note that my working days are Wednesday to Friday each week. Yours sincerely,  
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Advice Please Re Capquest


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Hi, I would really appreciate some advice/opinions on my situation with Capquest.

 

CQ bought an Egg Card debt which I had been struggling to pay. I wrote to CQ explaining my financial situation....dire! I offered a token payment which they accepted in writing and gave me a reveiw date of the agreement many years in the future. I have made the monthly token payment consistently for almost a year, then a couple of weeks back I received a letter from HL Legal stating that I had failed to honour the agreement made with CQ, they stated that I had not made a payment since 2 days before CQ's letter confirming the agreement! The balance HL quoted corresponded with my payments having been deducted from the original balance, but they were still threatening me with legal action and the addition of legal fees if I didn't pay what I had already paid!

 

I wrote to CQ and explained that I had infact honoured the agreement and gave all cheque numbers and the dates cashed.

 

Today I have received a letter from CQ which is exactly the same letter as the one confirming the payment agreement which I received last year, except the agreement review date has been extended by 11 months....AND... the balance oustanding has increased by £700!

 

Any thoughts on this anyone?

Thanks

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Hi zimmie first of all stay calm you say that cquest have bought the debt off egg have you had a copy of the notice of assignment to cquest, they may well just be collecting on behalf of egg. My partner had dealings with this company sometime ago and they try to worry you in the hope that you might increase payments to them.

 

Don't let them bully you, send all correspondence to the company via recorded mail and keep all correspondence from them if you have decided to honor the debt, dcas have to behave in an appropriate manner there are guidelines laid down by the oft.

 

The following may be of some use to you and gives more info regarding assignment

 

Debt collection: Recovering the debt through third parties

 

Also ask for a statement from them detailing payments received and if you want you could even sar them this would force them to release all the info they have on you but you would have to pay £10 for this

 

Hope this helps...

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Send them an SAR to see what charges have been added.

 

Are you sure they have a right to collect on the debt? If not, send them a CCA. Were you sent a notice of assignment or have they defaulted you at all?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

Be VERY careful whose advice you listen too

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Hi, and thanks to all who responded. Well yes I know this is my debt. I sent Egg a SAR which they supplied (and returned my cheque). I then sent Egg a CCA request (not wanting to upset CQ) it came back in time looking fine. The SAR also confirmed the debt had been sold to CQ...so I really have no problems there. Also I have no probs with how CQ have treated me until now...after paying on time consistently for almost a year..then to get a solicitors letter saying I haven't paid....then when I query this all I get is a letter which suggests I have JUST reached a payment agreement with them...AND the balance has increased by £700!

 

I'm somewhat confused as I didn't think DCAs were entitled to add interest :confused:

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Several years ago my uncle transferred a couple of lock up garages to me and the solicitor organised the deed of assignment that granted me all the title and rights that my uncle had enjoyed such as the arrangement that we have with the railways. So some people would say that the rights from egg have been transferred to the dca so they could levy under eggs t&c.

 

This is contradicted though by the oft guidelines the debt collection guidance updated in dec 2006

 

However have a look at charging for debt collection 2.9 and 2.10

 

Applying unreasonable charges for example charges not based on necessary and actual costs.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Out of interest when capquest bought the debt off egg did they add a default and remove eggs one, or just continue with the existing one if any at all.

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Thanks RR, maybe I should write to CQ and query the increased balance, as even the erroneous threat of legal action from HL showed the correct balance, I can't see how a week later it should have increased by £700.

 

I haven't checked my credit report to find out if there is a default and whose name it is in as I have read so often of DCAs crawling out of the woodwork after people have checked with CRAs.

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