Help with Capquest

[Coop]

Hi, I am new to this forum, but having read through a lot of the posts I can see there is a lot of help out there.
My problem is with Capquest, I recieved a court summons in May 2014, there were 2 seperate summons, one being for a debt Capquest purchased from Lloyds for a Bank Of Scotland credit card on July 2013 and the other purchased from Lloyds on June 2013 in relation to a Halifax card. On receiving the summons I quickly responded to the courts with the intention to defend, I sent of a CCA request to Capquest. No CCA was received in the time the court allowed so in effect they went into default and the judgement was stayed. In March 2015 I received a letter from Capquest stating the Bank of Scotland debt is closed and there will be no further correspondence. In April 15 I received another letter in relation to the Halifax debt stating they would like me to enter into a consent order, if I do not reply they will ask the judge for a summary judgement, along with this letter they sent a badly copied photocopy of a credit card application dated 23/04/04. the application was not signed by anyone on behalf of Halifax, there are no terms and conditions on the application but they have sent seperately copies of the credit card agreement regulated by the consumer credit act 1974. They also sent statements dated from 2007 but the application says the card was opened in 2004. I have checked throught the statement and the last payment of a £1 was recieved on the 21/01/2011.
We do not recognise this debt, why when we had the court date did Capquest not provide the information required then.
I am sure I have read somewhere that debts prior to 2006, all companies have to provide full documentation.
I was constantly bombarded by Capquest with phonecalls with number with held prior to the court summons, They have now given me 30 days and they will resume contact again, This has really been stressful for my wife and I and would like some advice on where to go from this point.
Thanks in advance.

[nemesis45]

Re: Help with Capquest

Hi, welcome to LB.

Ok we are dealing with a debt arising form a Halifax account.

A credit card account opened 23/04/ 2004.
Capquest has supplied a " reconstituted agreement" using the original application form and some terms and conditions correct?

A recon must have your name and address as it was at the opening of the account.
All the T's & C's at at the opening and closure of the account.
Any other documents mentioned in the T's & C's.
Without the above the recon does not comply.
NB signatures are not required on a recon agreement.

You say that " when you had a court date, Capquest could not provide the information the." what was the decision of the court, e.g. the claim be stayed until Capquest has the " documents", was a time limit set if this was the case, or the claim was adjourned " sine die" i.e. until another day.

I presume you did not reply regarding the " Consent Order"?? Has Capquest withdrawn this part and are now saying they will pursue the debt without further recourse to the court?

nem

The above is important it will have affect the advice you need.

[Coop]

Re: Help with Capquest

Hi Nemesis, thanks for your quick reply.
My name and address is on the credit card application.
The T & C's - not sure what you mean on the opening and closing of the account, sorry new to this. They have sent 8 photocopied pages from the credit act 1974. No other documents were sent. The debt is for £7207.82.
In my original post I failed to mention we have referred them to the ombudsman and I have received a letter from Capquest acknowledging this.
I contacted the court via e-mail 2 weeks ago to determine the status of the case. Their reply was, my defense was filed 4/7/14. The case was stayed on 7/8/14.The court has not been notified of the claimants intentions and no application has been filed.

I did not reply to the consent order. The most recent letter from Capquest says my account has been returned to the litigation dept and shall remain on hold for 30 days to allow me time to respond. They also say this is there final response.
Thanks again for your reply, do you have any thoughts on what I should do next ?
Regards coop

[nemesis45]

Re: Help with Capquest

Hi,

There should be two distinct sets of terms and conditions one being those in force when
the account was opened and one being those in force when the account was closed.
Also there should be a note of any material changes to the T's & C's during the life of the agreement.
If any other document is mentioned in the T's & C's e.g. some card providers send a booklet of
terms with the card when it is issued.
I'd make another check with the court as many courts have a backlog at present.

If the recon agreement is in your view incomplete or the Ts & Cs are not those relevant to the account
inform Capquest that the recon is rejected, my suspicion is that there is a problem as they are after a consent order.

Can you post up a redacted copy of the proposed order please.

nem

[Coop]

Re: Help with Capquest

Hi, I have just checked through the terms and conditions and there is definitely only one set. If there were 2 sets would they be duplicates with different charges, interest rates etc. No changes throughout the life of the account have been mentioned. I will e-mail the court again to double check the status of the claim. Sorry for being dim, what do you need me to post for you.
ireally appreciate your help.
Regards Coop :doggieyes:

[Coop]

Re: Help with Capquest

Hi, could anyone let me know what the application form should consist of and also the opening and closing terms and conditions as I do not think I have received 2 sets, any help would be appreciated as the harassment has started up again and I am not sure what to do next.THank you in advance

[FlamingParrot]

Re: Help with Capquest

Hi, could anyone let me know what the application form should consist of and also the opening and closing terms and conditions as I do not think I have received 2 sets, any help would be appreciated as the harassment has started up again and I am not sure what to do next.THank you in advance

It would help if you could post up what you have received (remove all personal details before you post). With regards to the T&Cs, the most important ones are the ones from inception, i.e. when you opened the account, because if not all prescribed terms were present at the time you signed the agreement, it could be irredeemably unenforceable (as long as it was pre-April 2007 ). With regards to supplying all the terms as varied through the life of the account in response to a CCA request, that's something that can be remedied at any time and the court would have discretion to decided whether what they have supplied is an appropriate response to a CCA request.

What's the status of this claim? Is it stayed?

[Coop]

Re: Help with Capquest

Hi thanks for the reply the case is stayed. The card was opened in 2004 and the statements sent state a payment was made in 2011. The court claim was made in May 2014. Does this mean it is not unenforceable ? I will try and put up a copy of the agreement sent to me. Thanks again for your help.

[nemesis45]

Re: Help with Capquest

Hi thanks for the reply the case is stayed. The card was opened in 2004 and the statements sent state a payment was made in 2011. The court claim was made in May 2014. Does this mean it is not unenforceable ? I will try and put up a copy of the agreement sent to me. Thanks again for your help.

The claim has been stayed is seems to me for too long!

In my opinion you should give the claimant 7 days notice that you are going
to apply for the claim to be struck out, give the claimant the option of withdrawing/discontinuing
the claim or you will be looking to them for the costs of the application.

nem

[FlamingParrot]

Re: Help with Capquest

Hi thanks for the reply the case is stayed. The card was opened in 2004 and the statements sent state a payment was made in 2011. The court claim was made in May 2014. Does this mean it is not unenforceable ? I will try and put up a copy of the agreement sent to me. Thanks again for your help.

If a payment was made by you or someone acting on your behalf in 2011, then it's not statute barred. Whether it's enforceable or not depends on other issues such as what terms the agreement had when you signed it in 2004.

[nemesis45]

Re: Help with Capquest

Hi thanks for the reply the case is stayed. The card was opened in 2004 and the statements sent state a payment was made in 2011. The court claim was made in May 2014. Does this mean it is not unenforceable ? I will try and put up a copy of the agreement sent to me. Thanks again for your help.

As we are aware the debt is not statute barred, there must be a good reason why Capquest have left the claim stayed and from what you have said has been received it would seen that the know the " reconstituted" agreement is incomplete/non compliant.

nem

[Coop]

Re: Help with Capquest

As we are aware the debt is not statute barred, there must be a good reason why Capquest have left the claim stayed and from what you have said has been received it would seen that the know the " reconstituted" agreement is incomplete/non compliant.

nem

Hi please find attached the agreement sent me and the first page of the terms and conditions,
What do you thinkl ?

[nemesis45]

Re: Help with Capquest

OK ignoring all else but this alleged " reconstituted" agreement if this is the total documentation provided it fails to meet the requirements of CCA 1974 sect.78.

It fails the test for a reconstituted agreement.
1. The agreement is for a Halifax Card the Ts & Cs are for a BOS card.

IF there is no more than you have shown here i.e. a complete set of Halifax Ts & Cs AND a complete set of BOS
terms as the were at the inception and closure of the account it can be rejected,

nem

[Coop]

Re: Help with Capquest

Hi Nemesis
Thanks for your quick reply, I think the card was a HBOS card but as you say it states HAlifax card on the statement. I only have one set of T&cs, shall I write to them asking for more documentation

thanks in advance Coop:doggieyes:

[nemesis45]

Re: Help with Capquest

Hi Nemesis
Thanks for your quick reply, I think the card was a HBOS card but as you say it states HAlifax card on the statement. I only have one set of T&cs, shall I write to them asking for more documentation

thanks in advance Coop:doggieyes:

Hi Coop,

No just reply to Crapquest along the lines of.

Date:

Ref: CC Claim No. ............................................

Re: Reconstituted Agreement:

Dear Sir/Madam,

I am in receipt of the document which Capquest alleges is a true copy of the agreement relating to the account for an Halifax Credit Card.

I am sure Capquest is fully aware that the document (s) does not meet the requirements of section 78 of CCA 1974 (as amended) nor does it satisfy the requirements for a " reconstituted " agreement, it s therefore formally rejected.

Given the above and the fact Capquest must be aware of the faults in the document (s) I would suggest that Capquest takes a
" Commercial" view of this matter and withdraws its claim, if it is decided to continue the claim it will be robustly defended.


Ok get that off by signed for post tomorrow if possible.

nem