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    Default capquest own old lloyds credit card debt help

    Hi can anyone help me i just need some advice really what to do. Lloyds have sold a credit card debt to capquest and now im recieving letters from them they also have my phone number but i dont know how they got it. The debt is from 2007, i paid a dca in 2008/09. But then i couldnt afford it so i stopped again. I have checked my credit file and it doesnt say lloyds anymore just capquest and the previous years have disappered all there is, is a default this month. I dont know what to do for the best i have 2 other old debts with lloyds which are still lloyds on my credit file there due to be sb in dec. I dont want capquest to take me to court and i end up with a ccj if my file will be okay in dec. So what do i do?? Do i contact them and pay?? Do i ignore them?? Are they likely to take me to court?? Any advice would be great thanks. Oh and the balance on the cc is 2977. Cheers guys.

  2. #2
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    Default Re: capquest own old lloyds credit card debt help

    The first thing you need to do is send them a 'Prove It' letter, asking them to prove they have the right to collect this debt. I've attached a copy of the letter you need to send.

    If they are phoning you, then refuse to go through any security with them and state that you will only communicate with them in writing for the avoidance of doubt. This is your absolute right under the OFT Debt Collection guidelines. If phone calls are close to harrassment levels, keep a diary of the dates and times of them, and where they are calling you - home, mobile, work etc.... and we can sort out a harrassment letter for you. In fact there is a new one just been written on the site.

    Here's the letter you need for now:



    [Name/Address]

    [Date]

    Dear Sir,

    You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

    I/we would point out that I/we have no knowledge of any such debt being owed to [insert company name].

    I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

    I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable, AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

    Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

    I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

    I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

    I/we look forward to your reply.

    Yours faithfully

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    Default Re: capquest own old lloyds credit card debt help

    Thank you. I no that i owe this money, also i did get a letter off lloyds saying they sold it to capquest. Will it help by sending that letter?? Also i thought if i ignored them would they go away?? Or will they just take me to court?? Thanks so much for your help!

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    Default Re: capquest own old lloyds credit card debt help

    IMO, you're best sending the letter. Only you can decide though. :beagle:

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    Default Re: capquest own old lloyds credit card debt help

    Okays thanks labman ill wait see what the next letter is off them then ill send it. If they cant prove i owe the money what happens then??

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    Default Re: capquest own old lloyds credit card debt help

    Ive just looked at my credit file again, and the default date on this is the 17/12/2007. I cant remember if i made payments to a dca to this card in 09 or wether it was the loan i had, but the payments on my flie just said default every month. Do you think lloyds sold this because it might go sb in dec??

  7. #7
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    Default Re: capquest own old lloyds credit card debt help

    Quote Originally Posted by kayles5 View Post
    Okays thanks labman ill wait see what the next letter is off them then ill send it. If they cant prove i owe the money what happens then??
    Then we check everything is in place, exactly it should be. If all is well, we arrange an affordable and sustainable repayment plan is my way having done that. There is another train of thought on here that goes the Unenforceability route, where you try to prove the debt is UE for a period of six years, when it then becomes Statute Barred. This is fine if, for example, they don't have a copy of the original agreement, and if your nerves will stand it.

    Only you can decide which route is the one you wish to travel - we'll then help you on that route to the best of our abilities. :beagle:

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    Default Re: capquest own old lloyds credit card debt help

    Thanks so much!! Labman okays i will wait for now and see what the next letter i get from them, ill keep you posted thanks again!

  9. #9
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    Default Re: capquest own old lloyds credit card debt help

    Quote Originally Posted by kayles5 View Post
    Thanks so much!! Labman okays i will wait for now and see what the next letter i get from them, ill keep you posted thanks again!
    Sorry, just re-read your post. What happens if they can't prove it? Well until such time as they prove it exists, you have nothing further to say to them . :beagle:

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    Default Re: capquest own old lloyds credit card debt help

    Thank you so much!! Ill see what there next letter says thanks labman!!

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    Default Re: capquest own old lloyds credit card debt help

    Just been browsing the forum and spotted this. It seems that, in an attempt to look squeaky clean on the road to re-privatisation, Lloyds is divesting itself of old un-enforceable debts and soon-to-be statute-barred debts, so why not now let the rotteilers have their day, hmm?

    My wife attracted a letter recently from Crapquest. Very odd as she has never received a letter of assignment from Lloyds so she told Crappers to go find it.
    Last edited by Captain Haddock; 17th September 2013 at 15:23:PM.

  12. #12
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    Default Re: capquest own old lloyds credit card debt help

    The NOA can come from Capquest themselves now, it doesn't have to be Lloyds. Did she receive any NOA? :beagle:

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    Default Re: capquest own old lloyds credit card debt help

    Quote Originally Posted by labman View Post
    The NOA can come from Capquest themselves now, it doesn't have to be Lloyds. Did she receive any NOA? :beagle:
    Really? But shouldn't the OC, as a duty, have to inform a purported debtor that it has sold all rights to the account and to also name the purchaser??

    Cosy welcome letter received mentioning sale. Differs considerably from any other NOA I have seen.

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    Default Re: capquest own old lloyds credit card debt help

    Not wanting to hijack this thread but when did the Law of Property Act get amended to remove 'Any absolute assignment by writing under the hand of the assignor..' ? I am willing to be proved wrong but I cannot see why anyone would accept a third party's word that they now own a contract that one entered into with the original creditor without word from them also!

  15. #15
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    Default Re: capquest own old lloyds credit card debt help

    The Consumer Credit Directive 2008/48/EC (“the Directive”) and the Consumer Credit (EU Directive) Regulations 2010 introduce new rights and obligations. The Department for Business, Innovation and Skills has decided that there will be a transitional period and any new agreements entered into after 31 January 2011 must comply with the new requirements.
    The key changes are as follows.

    • Adequate explanations. A duty for lenders to provide adequate explanations to consumers about the credit on offer to enable them to decide whether it is suited to their needs and circumstances. (Regulation 3 and 4 of the Directive).
    • Assessment of creditworthiness. An obligation for lenders to assess the creditworthiness of consumers before concluding a credit agreement or increasing the amount of credit available under an existing agreement. Lenders can decide how to assess creditworthiness, but are required to base their assessment on information obtained from the consumer, where appropriate and from a credit reference agency, where this is necessary. (Regulation 5 of the Directive).
    • Refusal of credit. If an application is refused on the basis of information from a credit reference agency, the lender must inform the creditor of this when it declines the credit. (Regulation 40 of the Directive).
    • Right to withdraw. The consumer has the right to withdraw from a credit agreement within 14 days without giving any reason. This replaces the current more limited right to cancel some types of agreements in certain circumstances. (Regulation 13 of the Directive).
    • Assignments of debts. If a debt is assigned, the consumer must be informed of this by either the lender who buys the debt or the lender who sold the debt. (Regulation 36 of the Directive).
    • Credit intermediary links. Credit intermediaries must disclose their links to lenders and disclose and agree fees for their services with the consumer. (Regulation 41 of the Directive).
    • Right to repay early. The consumer has the right to repay an agreement early in part and to receive a reduction in the total cost of the agreement as a result. The existing legal framework for full early repayment has been retained and extended to cover partial early repayment. (Regulation 29-34, 59-62 and 77-84 of the Directive).
    • Right to terminate. The consumer has the right to terminate an open-end credit agreement at any time unless the parties have agreed that a period of notice not exceeding one month should be given. The lender can also terminate subject to given the consumer at least two months’ written notice. The lender can also terminate or suspend the consumer’s right to draw down an open-end credit agreement provided they give objectively justified reasons for doing so. (Regulation 37-38 of the Directive).

    The Directive also amends or extends existing requirements:

    • Advertisements. Advertisements that contain specific information about the cost of the credit need to provide a representative example of a credit offer. The Consumer Credit (Advertisement) Regulations 2010 will dispense with the typical APR approach.
    • Pre-contractual information. Consumers must be given pre-contractual information in writing according to a specific format set out in the Directive. This information is set out in the Consumer Credit (Disclosure of Information) Regulations 2010.
    • Contractual information. Other contractual information required is set out in the Consumer Credit (Agreements) Regulation 2010.
    • Unsecured overdrafts. Non-business unsecured overdrafts will be subject to the requirements for both pre-contractual and contractual information although an overdraft can be arranged urgently without prior written information. Where a current account allows the account holder to overdraw without a pre-arranged overdraft, information about the charges must be included in the agreement. (Regulation 19 of the Directive).
    • Obligation of the creditor in respect of goods. Where a credit agreement is used to purchase goods, the consumer can pursue the creditor for a remedy. The value of the goods must be at least £30,000, the credit agreement must be for £60,260 or less and the consumer must have tried to obtain satisfaction from the supplier first. This supplements s75 of the Consumer Credit Act where the cash price of goods is not less than £100 and not more than £30,000. (Regulation 25 of the Directive).
    • The total charge for credit and the APR. The total charge for credit and the APR must be calculated in accordance with a specified formula. The formula is different to the one which already applies in the UK , but the result it produces is the same and the assumptions are broadly similar. (Total Charge for Credit Regulations 2010).
    • Variation of interest rate. Where an agreement allows for variation of an interest rate, notice of variation must be provided to the consumer before the change takes effect. This is similar to the current requirements.

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    Default Re: capquest own old lloyds credit card debt help

    But my wife's account is not a new agreement. Or am I missing something? I certainly didnt know about anynof this!

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    Default Re: capquest own old lloyds credit card debt help

    http://www.legislation.gov.uk/uksi/2...lation/36/made

    Sorry, but this is what I'm going on. As far as I can see, it is a current piece of UK govt legislation and clearly mentions the onus being on the assignee to inform the creditor. Unless I have overlooked some hidden amendment.........

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    Default Re: capquest own old lloyds credit card debt help

    Hi labman i had another letter off capquest which i ignored. Then i recieved a letter yesterday form optima legal. Saying
    we refer to our previous letter and note that we have not been able to reach an agreement with you on your account. In view of this we have been instructed by capquest debt recovery limited to issue legal proceedings.
    In order to avoid legal action and to discuss an affordable repayment plan please contact us on xxxx no later than the 15/10/13.

    Then it goes on to say capquests address. What the claim is for. That if necessary a copy of the credit agreement and statements will be provided to the court to provecapquests claim. If i dont complay with the practice direction the court can impose sanctions against you and this may increase your liability for costs.

    If legal proceedings are necessary then our client will also seek payment of costd. If our client has to commence proceedings and you are not able to show a defence to the claim our client will obtain jedgment that will be recorded on your credit record for 6 years and is likly to affect your ability to abtain credit in the future. Obtaining jedgement also means that our client can seek to enforce payment of the debt which could involve you in further costs. We hope that this action will not be necessary and that an affordable arrangement can be agreed.

    I dont know what to do?? Do i call them and make a repayment plan?? Are these going to take me to court or is it just a threat?? Should i go to a debt advice place like debt line or the cab??

    Sorry for all the questions any help would be great thanks

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    Default Re: capquest own old lloyds credit card debt help

    Quote Originally Posted by kayles5 View Post
    Hi labman i had another letter off capquest which i ignored. Then i recieved a letter yesterday form optima legal. Saying
    we refer to our previous letter and note that we have not been able to reach an agreement with you on your account. In view of this we have been instructed by capquest debt recovery limited to issue legal proceedings.

    In order to avoid legal action and to discuss an affordable repayment plan please contact us on xxxx no later than the 15/10/13.

    Then it goes on to say capquests address. What the claim is for. That if necessary a copy of the credit agreement and statements will be provided to the court to provecapquests claim. If i dont complay with the practice direction the court can impose sanctions against you and this may increase your liability for costs.

    If legal proceedings are necessary then our client will also seek payment of costd. If our client has to commence proceedings and you are not able to show a defence to the claim our client will obtain jedgment that will be recorded on your credit record for 6 years and is likly to affect your ability to abtain credit in the future. Obtaining jedgement also means that our client can seek to enforce payment of the debt which could involve you in further costs. We hope that this action will not be necessary and that an affordable arrangement can be agreed.

    I dont know what to do??
    A letter like that from a firm of solicitors should be taken seriously, as it sounds like a letter before action or letter of claim, which is part of the pre-action protocol to be followed before issuing a claim.

    Quote Originally Posted by kayles5 View Post
    Do i call them and make a repayment plan??
    No, don't call them! Everything should be in writing.

    Quote Originally Posted by kayles5 View Post
    Are these going to take me to court or is it just a threat?? Should i go to a debt advice place like debt line or the cab??
    It's hard to tell what they will do but I doubt the CAB would be much help, even if you managed to get an appointment before the end of the year!

    Hang in there, I will post up a reply you can send.

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    Default Re: capquest own old lloyds credit card debt help

    I was away when this thread was posted and I've just gone back through it, it looks like all you sent was a 'prove it' letter, did you ever send a s.78/CCA request? If not, I would URGE YOU to send one now. I would say today, but it's nearly 5pm and the PO will be closed, however, you should send one tomorrow first thing, preferably by Special Delivery (next day).

    A Prove It letter does not protect you from legal action but failure to comply with a CCA request is an argument to be used in your defence. At this stage, my suggestion would be to post the CCA request tomorrow, then wait a few days before responding to their letter before action, as they've given you till the 15th to reply.

    They have 14 days to respond to a CCA request and no DCA is ever able to respond within that timeframe due to the need to go back to the original creditor for a copy of the agreement, that should give you a good argument should they issue proceedings.

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    Default Re: capquest own old lloyds credit card debt help

    Below is the CCA request letter, get a £1 PO from the post office and just leave it blank without payee details. I'd normally say sign the letter digitally using a computer font, NOT your real signature, however, in this case, given that time is off the essence, we want to close any avenues they may have, such as they can't provide you with the documents due to lack of signature, etc. so the best thing to do would be to copy and paste the anti-tamper strip below onto your Word document, print it and sign on the strip.



    Dear Sirs,

    Account or Reference No.:

    I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).​

    In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

    • a copy of their agreement
    • copies of some of the other documents mentioned in their agreement
    • a statement of account

    If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

    • make the debtor pay the debt before they're supposed to
    • get a court judgment against the debtor

    So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

    I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

    Yours faithfully,

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    Default Re: capquest own old lloyds credit card debt help

    Hiya thanks for your advice. But im not sure about sending the prove it letter because i know i woe this money?? Thanks again

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    Default Re: capquest own old lloyds credit card debt help

    Quote Originally Posted by kayles5 View Post
    Hiya thanks for your advice. But im not sure about sending the prove it letter because i know i woe this money?? Thanks again
    The letter above is not the prove it letter, that's the one you seem to have sent as per post 2 above: http://www.legalbeagles.info/forums/...251#post372251

    The letter above is a request for a true copy of your credit agreement, to which you are entitled under s.77-79 of the Consumer Credit Act. It doesn't say you didn't have the account, it just asks them to provide you with a copy of the document you would have signed when you opened the account. It's your lawful right to request it and should protect you in case of legal action. The letter you have received IS more than a threat of legal action, it is a letter before issuing court papers. The only way you have to defend this potential action is by sending the letter above A.S.A.P.

    Everyone who sends such a letter owes the money, including myself, I've sent such requests to the banks where I had credit cards and they've not come up with the goods, so I haven't paid them for over three years and they haven't taken me to court for that reason.

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    Default Re: capquest own old lloyds credit card debt help

    Ahhh i see okays i can only send it friday as i computer to type it up will that be too late?? Im abit confused about the postal order how do i put the stamp thing on it?? Im sorry for all the questions ive never done this before. Also once i send this letter how should i go about replying to the letter they sent?? Thank you

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    Default Re: capquest own old lloyds credit card debt help

    Quote Originally Posted by kayles5 View Post
    Ahhh i see okays i can only send it friday as i computer to type it up will that be too late??
    Better late than never!

    Quote Originally Posted by kayles5 View Post
    Im abit confused about the postal order how do i put the stamp thing on it??
    What stamp? When you go to the post office, you ask for a postal order for £1. They will charge you £1.50 (they have to make a profit somewhere ). You just put it in the envelope together with the letter before handing it to the cashier to be sent recorded delivery. There's no need to put the payee's name on, or fill anything in. All my POs have been blank.

    Quote Originally Posted by kayles5 View Post
    Im sorry for all the questions ive never done this before. Also once i send this letter how should i go about replying to the letter they sent?? Thank you
    Ah, that's the reason for sending *this* letter before. Once you've sent it, we can draft a response to that other letter saying you have requested a copy of your credit agreement from the creditor and are awaiting their response. But you can't say that until the CCA letter has been sent.

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