Marbles and CapQuest Investment Ltd / NewDay

[supermac9]

Re: Marbles and CapQuest Investment Ltd

I haven't made a payment to CapQuest since they took this account over at the end of December 2013, and in an ideal world I would like them to just wipe the slate clean, although that is probably pie in the sky. If they ever do come back to me, I might try to strike a deal with them as you suggest.

I will send a letter to CapQuest today (15.04.14) offering, as a gesture of goodwill and in full and final settlement, to pay them 10% of the total value of the balance prior to them taking over the account - if you don't ask, you don't get!

[supermac9]

Marbles and CapQuest Investment Ltd

Coincidentally, on the same day as I wrote to CapQuest they finally managed to stir themselves into getting a reply down in black and white - it obviously doesn't deal with my offer to settle the account, which will no doubt take them another month or so to respond to.
They have put me right on the repealing of the criminal offence under S77(4) and S78(6) of the Consumer Credit Act 1974, which is a pity.
They have also referred to not recording a default against my file because I have met my so called 'contractual agreement' of £57.00 (per month) - I'm not sure why they say this, as I haven't paid them a penny since they bought this from Marbles at the end of December 2013. However, if I stop payments (!) they will show up on my credit file as missed payments and arrears - can they do this while my account has been placed on hold by them?
One thing I have noticed with both CapQuest and Marbles is that Royal Mail seem to slow down to a snails pace when letters are sent to them - for example, my first letter to them was posted on 24.02.14, but they didn't receive it until 03.03.14, a week later. They then contacted Marbles, who confirmed receipt of this request on 12.03.14 (two and a half weeks after my letter was posted!) - it all smacks of delaying tactics and a poor attempt to show that they are aren't really dragging their heels. I'm not sure where Marbles are looking for my CCA, but they either don't particularly care now that they have sold the account, that their filing system is cr*p (a bit like everything else about them), or that they simply don't have it.
As they have put my account on hold I'll be sitting tight.

[supermac9]

Re: Marbles and CapQuest Investment Ltd

I am disappointed to report that CapQuest, three months after my first letter, seem to have come up with a (albeit poor quality) copy of my original application form, complete with my signature - it was a Beneficial Sky card when I first took it out, and hey presto the form has landed on my mat! So much for my offer of 10% of the balance as a gesture of goodwill, which they have politely declined (!).
Is this documentation enough for them to enforce the debt? The document isn't a signed agreement as such, but simply my original application by the look of things.:yield:

[FlamingParrot]

Re: Marbles and CapQuest Investment Ltd

I am disappointed to report that CapQuest, three months after my first letter, seem to have come up with a (albeit poor quality) copy of my original application form, complete with my signature - it was a Beneficial Sky card when I first took it out, and hey presto the form has landed on my mat! So much for my offer of 10% of the balance as a gesture of goodwill, which they have politely declined (!).
Is this documentation enough for them to enforce the debt? The document isn't a signed agreement as such, but simply my original application by the look of things.:yield:

If we don't see it we can't tell! :decision:

In addition to an application form, there should also be all the prescribed terms that you would have allegedly agreed to.

Any chance of removing your personal details and posting it up? :typing:?

[supermac9]

Re: Marbles and CapQuest Investment Ltd

Will post document on Monday.

My FOS complaint against Marbles has produced this response:

Thank you for your email of yesterday (29.05.14).

I asked the bank to consider refunding the interest and charges applied to your account between April and August 2013 as it has not responded to your financial difficulties when you first contacted it. However please note that this may change if the bank provides information which changes my opinion.

I have asked the bank to respond by next week and soon as I have heard from it I will be in touch.

Yours sincerely


Kalpana Stewart
Adjudicator I Financial Ombudsman Service
Exchange Tower I London I E14 9SR
Telephone: 0203 487 3000 I Fax: 0203 487 3001
Email: kalpana.stewart@financial-ombudsman.org.uk

I sense a result!


However.....e-mail received today (09.06.14) from the FOS.....

Newday has requested an extension to the response time, which I’ve agreed to.

The new response date is 16 June 2014, so I will update you once I’ve heard from it.

Yours sincerely


Kalpana Stewart
Adjudicator I Financial Ombudsman Service
Exchange Tower I London I E14 9SR
Telephone: 0203 487 3000 I Fax: 0203 487 3001
Email: kalpana.stewart@financial-ombudsman.org.uk

More delaying tactics from Marbles/Proressive Credit/New Life or whatever they choose to call themselves this week. I smell a bit of a rat here and I expect them to come up with some half-truths and cooked-up fiction so they can wriggle their way out of this one. We'll see.

[supermac9]

Re: Marbles and CapQuest Investment Ltd

Here is a scan copy of what looks to be my original application, signed off by Beneficial Bank on 14.07.96, which is what CapQuest have described as my 'Copy of Agreement'. It's not a great copy, but does have the words 'Credit Agreement' top left.
The blanked out bits are my details (address, income, bank, employer etc.). Is this enough for theme to enforce the debt?

[mystery1]

Re: Marbles and CapQuest Investment Ltd

Here is a scan copy of what looks to be my original application, signed off by Beneficial Bank on 14.07.96, which is what CapQuest have described as my 'Copy of Agreement'. It's not a great copy, but does have the words 'Credit Agreement' top left.
The blanked out bits are my details (address, income, bank, employer etc.). Is this enough for theme to enforce the debt?

http://legalbeagles.info/wp-content/...Bachellier.pdf

M1

[supermac9]

Re: Marbles and CapQuest Investment Ltd

Thanks for the information mystery1, very helpful.
The Consumer Credit (Cancellation Notice and Copies of Documents) Regulations 1983, Regulation 2 (1) is the one I am hanging my hat on - the document from CapQuest is anything but clear and legible, so I will write back to them to say that I can't make any payments to them, and that Cabot-v-Bachellier backs up my argument. I'll post updates.

Letter to CapQuest posted today, 04.06.14 saying no payments as document is illegible. Lets see how they respond.

[supermac9]

Re: Marbles and CapQuest Investment Ltd

Will post document on Monday.

My FOS complaint against Marbles has produced this response:

Thank you for your email of yesterday (29.05.14).

I asked the bank to consider refunding the interest and charges applied to your account between April and August 2013 as it has not responded to your financial difficulties when you first contacted it. However please note that this may change if the bank provides information which changes my opinion.

I have asked the bank to respond by next week and soon as I have heard from it I will be in touch.

Yours sincerely


Kalpana Stewart
Adjudicator I Financial Ombudsman Service
Exchange Tower I London I E14 9SR
Telephone: 0203 487 3000 I Fax: 0203 487 3001
Email: kalpana.stewart@financial-ombudsman.org.uk

I sense a result!


However.....e-mail received today (09.06.14) from the FOS.....

Newday has requested an extension to the response time, which I’ve agreed to.

The new response date is 16 June 2014, so I will update you once I’ve heard from it.

Yours sincerely


Kalpana Stewart
Adjudicator I Financial Ombudsman Service
Exchange Tower I London I E14 9SR
Telephone: 0203 487 3000 I Fax: 0203 487 3001
Email: kalpana.stewart@financial-ombudsman.org.uk

More delaying tactics from Marbles/Proressive Credit/New Life or whatever they choose to call themselves this week. I smell a bit of a rat here and I expect them to come up with some half-truths and cooked-up fiction so they can wriggle their way out of this one. We'll see.

Now that the extended deadline has passed, it's good to see that it isn't just me that New Day ignore, even the Ombudsman gets the silent treatment:

Thank you for your email. I have called the bank today as I has not heard from it and am awaiting a call back.

Once I have heard from it I will let you know.

Yours sincerely


Kalpana Stewart
Adjudicator I Financial Ombudsman Service
Exchange Tower I London I E14 9SR
Telephone: 0203 487 3000 I Fax: 0203 487 3001
Email: kalpana.stewart@financial-ombudsman.org.uk

[supermac9]

Re: Marbles and CapQuest Investment Ltd

More deliberate delaying tactics from Marbles/New Day, as can be seen from the e-mail received this morning from the FOS:

Thank you for your emails.

I have been chasing the information from Newday. Unfortunately it is awaiting information from its head office and is unable to respond to my request. I will continue to chase with Newday and update you as soon as I can.

Yours sincerely

Kalpana Stewart
Adjudicator I Financial Ombudsman Service
Exchange Tower I London I E14 9SR
Telephone: 0203 487 3000 I Fax: 0203 487 3001
Email: kalpana.stewart@financial-ombudsman.org.uk

[supermac9]

Re: Marbles and CapQuest Investment Ltd

Settled!

Case on a couple of counts upheld by FOS and Marbles/Newday have agreed to pay up! I have accepted.

To add a bit of detail:
1. The FOS didn't uphold my complaint about Marbles selling on my acount - I had argued that they had done this without telling me first, but the FOS say that they are entitled to do this
2. FOS upheld my argument that the lack of any kind of response from Marbles delayed the introduction of a reduced payment/zero interest arrangement - I'll get my interest and fees back for this period (about 5 months!)
3. Because Marbles' customer service was so poor, I'll get recompense for the stress etc. caused

If this has happened to you, call the FOS.

[supermac9]

Re: Marbles and CapQuest Investment Ltd

Thanks for the information mystery1, very helpful.
The Consumer Credit (Cancellation Notice and Copies of Documents) Regulations 1983, Regulation 2 (1) is the one I am hanging my hat on - the document from CapQuest is anything but clear and legible, so I will write back to them to say that I can't make any payments to them, and that Cabot-v-Bachellier backs up my argument. I'll post updates.

Letter to CapQuest posted today, 04.06.14 saying no payments as document is illegible. Lets see how they respond.

Almost a month since my last letter to CapQuest and nothing received so far apart from an acknowledgement - I suspect they won't just leave it there, but if they come up with a decent copy of my original application (which goes back to 1996) I think they will be doing well.
It's been more than 6 months since they bought the account from Marbles and I haven't paid them a penny yet! I did offer, as a "gesture of goodwill", to pay 10% of the value of the outstanding amount, but they turned that down (no surprise there) - if they don't get back to me soon I might try that again. The alternative is to either pay nothing (ever) or pay everything (if they produce a legible CCA).

[supermac9]

Re: Marbles and CapQuest Investment Ltd

:dance:

Settled!

Case on a couple of counts upheld by FOS and Marbles/Newday have agreed to pay up! I have accepted.

To add a bit of detail:
1. The FOS didn't uphold my complaint about Marbles selling on my acount - I had argued that they had done this without telling me first, but the FOS say that they are entitled to do this
2. FOS upheld my argument that the lack of any kind of response from Marbles delayed the introduction of a reduced payment/zero interest arrangement - I'll get my interest and fees back for this period (about 5 months!)
3. Because Marbles' customer service was so poor, I'll get recompense for the stress etc. caused

If this has happened to you, call the FOS.

Letter received from Marbles yesterday asking for bank details so the can pay me £650! What a result!:whoo:

[Amethyst]

Re: Marbles and CapQuest Investment Ltd

Nice one. Well done.

So theres an illegible credit agreement and they've had to pay YOU £650. Bet they wish they'd never tried chasing you for it.

[supermac9]

Re: Marbles and CapQuest Investment Ltd

Nice one. Well done.

So theres an illegible credit agreement and they've had to pay YOU £650. Bet they wish they'd never tried chasing you for it.

Almost - the £650 is coming from Marbles, whereas CapQuest (who bought the account from Marbles in January 2014) can't track down a legible copy of the CCA.