Debt Help

[lagomera]

I am faced with a problem with a DCA - Capquest.


The amount owed is £6100.00 ( They bought the debt of £5650.00 from the original creditor, Barclays Partner Finance 30/08/2011 ) . They say that my account is being processed for legal action.


I had previously entered into a payment plan of £20 per month, but stopped, after wondering if they actually had the correct documentation on my file, and therefore, the right to enforce it.


I issued them with a SAR request, ( they confirmed my request, but said they may not have all of the information requested, and that I would have to go back to the original creditor for the information )


When the SAR arrived, all there was: A letter from the original creditor ( Barclays Partner Finance ), saying that the debt had been bought by them ( 30/08/2011 ) + transcripts of conversations we have had discussing payment plans & my offer of FF payment of £2500 ( which was rejected as being to low, they said they the lowest they would accept was £4500 ).


There was no copy of the original signed credit agreement, nor a copy of the original default notice. ( I now realize, I should have sent a CCA as they are not the original creditor, I am in the process of doing this now to see what response I get.)


I sent a SAR to the original creditor Barclays Partner Finance, who were able to provide the original Credit Agreement ( 19/05/07 ) + Default notice ( 27/09/2008 ) about a year ago.

So I just wanted your advice on where to take this next. I realize the " Statute Barred " clock started from when I made my last £20.00 payment 4 months ago ( 5 years in Scotland I belive ).

Is the ownness on the DCA to provide the original Credit Agreement + Original Default Notice ( which I would imagine they would need to take legal action ) ?

How likely is it that they will follow through with the threat of a CCJ in light of them being in England, and me living in Scotland ( they would therefore need to bring the action to my local Sheriffs Office ) and the fact they have not included the original Credit Agreement + Original Default Notice in the SAR & have already offered a generous FF settlement ?

I realize the Default on my credit file will drop off in September this year, rendering my credit files completely clean, so I don"t want to risk spoiling this, by acquiring a CCJ, so just need your advice on what to do next & in your opinion, are they bluffing and trying their hand by scare tactics?

[FlamingParrot]

Re: Debt Help

Hi and welcome to LB!

I am faced with a problem with a DCA - Capquest.

The amount owed is £6100.00 ( They bought the debt of £5650.00 from the original creditor, Barclays Partner Finance 30/08/2011 ) . They say that my account is being processed for legal action.

The all say that, could you scan or take a picture of the letter, remove your details and post it up here? :typing:

I had previously entered into a payment plan of £20 per month, but stopped, after wondering if they actually had the correct documentation on my file, and therefore, the right to enforce it.

I issued them with a SAR request, ( they confirmed my request, but said they may not have all of the information requested, and that I would have to go back to the original creditor for the information )

When the SAR arrived, all there was: A letter from the original creditor ( Barclays Partner Finance ), saying that the debt had been bought by them ( 30/08/2011 ) + transcripts of conversations we have had discussing payment plans & my offer of FF payment of £2500 ( which was rejected as being to low, they said they the lowest they would accept was £4500 ).

A SAR should normally go to the original lender not the debt purchaser, who wouldn't have any of the historical data or statements you'd be looking for.

There was no copy of the original signed credit agreement, nor a copy of the original default notice. ( I now realize, I should have sent a CCA as they are not the original creditor, I am in the process of doing this now to see what response I get.)

I sent a SAR to the original creditor Barclays Partner Finance, who were able to provide the original Credit Agreement ( 19/05/07 ) + Default notice ( 27/09/2008 ) about a year ago.

Was that the actual date when you opened the account? Sadly this is likely to be enforceable if only because of the date, s.127 of the CCA that prevented a court from enforcing an account unless there was a properly executed agreement, was repealed in April 2007, so you just missed it.

So I just wanted your advice on where to take this next. I realize the " Statute Barred " clock started from when I made my last £20.00 payment 4 months ago ( 5 years in Scotland I belive ).

Yes, you still have over 41/2 years left in Scotland. :clock:

Is the ownness on the DCA to provide the original Credit Agreement + Original Default Notice ( which I would imagine they would need to take legal action ) ?

How likely is it that they will follow through with the threat of a CCJ in light of them being in England, and me living in Scotland ( they would therefore need to bring the action to my local Sheriffs Office ) and the fact they have not included the original Credit Agreement + Original Default Notice in the SAR & have already offered a generous FF settlement ?

Non-compliance with a CCA request can be a bar to enforcement but a SAR is a request under the DPA and not having included it with your SAR does not affect the enforceability of the account, which is likely to be enforceable due to the start date.

I'm sorry to be the bearer of bad news, but unless you have a reason to dispute this account (i.e. mis-sold PPI, wrong date on the agreement supplied, etc.), it may be difficult to challenge the enforceability of this account.

[lagomera]

Re: Debt Help

Thank you so much for your helpfull advice! I shall post a copy of the letter tomorow when I get back home.
19/05/07 was the date I signed the credit agreement, so I assume it must have been around that time I opened the account with them.

[lagomera]

Re: Debt Help

I have sent off the CCA request, but can not seem to be able to put up my scanned picture of the letter?

[FlamingParrot]

Re: Debt Help

I have sent off the CCA request, but can not seem to be able to put up my scanned picture of the letter?

Take a look at this thread: http://www.legalbeagles.info/forums/...r-details-safe!) :nerd:

[lagomera]

Re: Debt Help

Think I managed to include a link to the DCA"s latest letter

[Amethyst]

Re: Debt Help

Wow that letter sounds a bit desperate, and if FP is right in that the enforceability would be hard to argue then it's a half decent offer if you wanted to negotiate settlement. You offered £2.5k previously as full and final - surely that's better than £20 a month over however many years?

1. Youa greet o paya minimuma mounot f €20.00e verym onthb y directd ebito r anothemr ethodth at
mays uity ou.T hisa mounits t he lastp aymenat mountth aty oum ade.

2. Fo-re.a chp aymentth at is receivedin linew itht he arrangemenmt ade,w e will credity oura ccount
with an amounte qualt o 30o/o f your payment. That is to say you pay €20.00a nd we will credit
youra ccounwt itha nothe€r 6.00.

lol, copy and paste doesn't work off the PDF



BPF.jpg

[lagomera]

Re: Debt Help

Is the letter sounding desperate, a good thing for me? Meaning I could stick to my guns, and see how they reply to the CCA request, and go from there?

[Amethyst]

Re: Debt Help

I'd say so. I don't have much experience with Capquest or whether this type of offer is normal, but it is basically a 30% debt reduction so if you ignore any crap they have added since purchasing the debt an offer of £3390 should be acceptable and is a meet in the middle from your original £2500 offer and their ''minimum'' they would accept of £4500. (obviously that depends entirely if you have that sort of money). That is of course if you just want to get rid of the debt and avoid going through court claims and associated stress/risk. BUT firstly await the response to the CCA request, as although it is May 2007 inception date they may not have, nor be able to accurately reconstruct, the agreement and applicable terms. Just something to think on if you need to enter into negotiations.

[lagomera]

Re: Debt Help

Thanks again for your sound advice, I shall be waiting with baited breath!

[lagomera]

Re: Debt Help

Ok Guys, just an update on this continuing saga.
I had a letter this morning from Capquest, saying that they have not been able to obtain my requested document from the original creditor Barclays Partner Finance ( My CCA Request ) and therefore they recognize that this debt is not enforceable. Should they ever get the document in the future, the debt becomes enforceable again. But if BPF have not sent it by now, I am guessing, its not likely they ever will ( they have had 3 or 4 months to find it )

[Celestine]

Re: Debt Help

Good Result! Ok, so this doesn't mean they won't pester you and continue to write, or even sell it to someone else, so keep that letter very safe. CCA requests can be simply marvellous
It is correct that if the agreement ever turns up, they can start enforcement again. (Enforcement = County Court action or Bankruptcy)

Currently, they can still trash your credit file as that does not count as enforcement. This may change in the future........ :tinysmile_twink_t2:

But I'll bet you're glad you didn't offer them any money now!? Well done for being thorough :beagle:

[lagomera]

Re: Debt Help

Yes, its great news, and I will indeed be keeping that letter under lock and key!
As far as my credit file is concerned, the default comes off in September any way, so they can"t even affect my credit file, even if they sell the debt on, a DCA can"t stick another default to the same debt, Whoo Hoo!

[FlamingParrot]

Re: Debt Help

If you hear from anyone in the future about that debt, do post up here before replying. :typing:

Barclays are notoriously bad at retrieving agreements, if they couldn't find it this time they won't be able to find it when someone else buys the debt. :thumb: