Marbles and CapQuest Investment Ltd / NewDay

[supermac9]

Marbles and CapQuest Investment Ltd

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).

After more than a month since writing back to Capquest, their response (attached) is pretty limited - they obviously can't come up with a legible CCA, and are arguing that I will have had the documentation at the time I opened the account in 1996 :blahwhich is possible, but I certainly can't recall and they obviously can't prove it either!). I think they are clutching at straws and hoping that I will simply start paying, which I won't.
I've got 30 days to respond, so I will wait until 10th August to tell then what they already know.

[supermac9]

Re: Marbles and CapQuest Investment Ltd

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.

Aaargh! Those comedians (not very funny ones) at Marbles have decided to wind me and the FOS just a little bit more - instead of coughing up the money as agreed, they paid me £100 a week ago (thats the compensation for stress bit of it), but still haven't paid the balance! FOS contacted them, and they advised that they would pay the rest on Friday and that I would get the money in my account this week (as of today it still hasn't arrived). I think they have probably got a pile of £5 notes on the back of a horse drawn carriage en-route to a branch of their bank in the Outer Hebrides.:mmph:

At last, 36 days after sending my acceptance to the FOS, Marbles have final paid up! It's funny, but when I was a bit slow with my payments, they were very quick to get in touch.

[MIKE770]

Re: Marbles and CapQuest Investment Ltd

Aaargh! Those comedians (not very funny ones) at Marbles have decided to wind me and the FOS just a little bit more - instead of coughing up the money as agreed, they paid me £100 a week ago (thats the compensation for stress bit of it), but still haven't paid the balance! FOS contacted them, and they advised that they would pay the rest on Friday and that I would get the money in my account this week (as of today it still hasn't arrived). I think they have probably got a pile of £5 notes on the back of a horse drawn carriage en-route to a branch of their bank in the Outer Hebrides.:mmph:

Probably from:- Lochboisdale via McBrains Special

[supermac9]

Re: Marbles and CapQuest Investment Ltd

After more than a month since writing back to Capquest, their response (attached) is pretty limited - they obviously can't come up with a legible CCA, and are arguing that I will have had the documentation at the time I opened the account in 1996 :blahwhich is possible, but I certainly can't recall and they obviously can't prove it either!). I think they are clutching at straws and hoping that I will simply start paying, which I won't.
I've got 30 days to respond, so I will wait until 10th August to tell then what they already know.

My letter to CapQuest, which basically tells them where to go, was sent on 9th August. I've made them a 'full and final' offer based on 10% of the balance of the account, and have given them until the end of the month to accept it - if they don't I have told them it will be withdrawn and no further correspondence entered into.
Hopefully I'm reaching the final phase of this - still not sure what the outcome will be though.

[supermac9]

Re: Marbles and CapQuest Investment Ltd / NewDay

CapQuest have replied - they are basically saying that the legibility of the copy agreement previously provided by them does not affect the enforceability. They have also come back with their own full and final offer, which effectively knocks £1k off the original amount owed but is a lot more than I would like to pay them.
Reading between the lines I get the impression that they realise they are on thin ice and are trying their luck - putting my account on hold for another month means that I haven't paid anything for 9 months.
Any help would be appreciated.

[supermac9]

Re: Marbles and CapQuest Investment Ltd / NewDay

Extract from my latest letter to Capquest, sent to them on 18th September.

...as I have clearly stated on a number of occasions previously, you must,under S78 of the Consumer Credit Act, provide a true copy of the agreement andterms and conditions. Additionally, S2 (1) of the Consumer Credit (CancellationNotices and Copies of Documents) Regulations 1983 states “The lettering in every notice in a Form prescribed by these Regulations andin every copy of an executed agreement, security instrument or other documentreferred to in the Act and delivered or sent to a debtor, hirer or surety underany provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper”. Guidance issued by the OFT in January 2010 (OFT 1175con)supports this by clearly stating that the contract (agreement) must be ‘easy to read’, and that failure toprovide the appropriate documentation means that the alleged debt isunenforceable.

As I have also mentioned in previous correspondence, thecase of Cabot-v-Bachellier on 29.10.10 resulted inthe dismissal of a claim by Cabot Financial (UK) Limited because theirdocumentation did not meet the requirements of the above regulations.


In view of the above, I canonly repeat that the largely illegible document provided fails to meet the requirements of the above legislation/case law, and as a result, I am unable to make anypayments in relation to the alleged debt.....

[supermac9]

Marbles and CapQuest Investment Ltd / NewDay

Capquest have obviously run out of ideas with this one - their latest reply is attached, together with their previous letter which they refer to.
They have put my account on hold until 14th November, which means that I haven't paid them a penny since they took over the account at the start of January 2014 - more than 10 months (and around £570 worth of missed payments based on what I had been paying Marbles)!
I think that they would have come back with a bit more than this if they thought they had a case.
As ever, I'll sit tight until a couple of days before their latest deadline, and then play them at their own game by simply referring to my previous letter which basically tells them where to go (nicely, with lots of references to the CCA etc.). I'll also say that it will be my final letter and that no further correspondence will be entered into (although I have said this before, but time to draw a line under this and leave the ball in their court).
Any thoughts would be welcome.

[supermac9]

Re: Marbles and CapQuest Investment Ltd / NewDay

I get the impression that unless Marbles come back to CQ with something more meaningful (like a legible copy of the original CCA document going back to 1996), then it's the end of the road for them (hopefully).
Latest correspondence attached.

[supermac9]

Re: Marbles and CapQuest Investment Ltd / NewDay

I received a copy of the same CCA document from CQ today - I'll need to get my magnifying glass out as it looks like a slightly better copy, but I'm still not convinced that it can be classed as 'legible'.
In the meantime, I have stopped corresponding with them, so will simply ignore the letter and leave the ball in their court.

[supermac9]

Re: Marbles and CapQuest Investment Ltd / NewDay

I've done nothing with this and to date I haven't heard anything from Capquest, 6 weeks down the line. I wonder if they accept that they don't have a leg to stand on?

[supermac9]

Re: Marbles and CapQuest Investment Ltd / NewDay

I've done nothing with this and to date I haven't heard anything from Capquest, 6 weeks down the line. I wonder if they accept that they don't have a leg to stand on?

Now 10 weeks since I received the last letter from Capquest, and not another word from them.

[supermac9]

Re: Marbles and CapQuest Investment Ltd / NewDay

I've had a letter from Capquest saying that they have a settlement figure for me to consider, and I can ring them up to discuss this (!)
Needless to say, I have ignored this as well.
Now nearly 17 months since Capquest were conned into buying the account off Marbles, not a penny paid to them.

[ODC]

Re: Marbles and CapQuest Investment Ltd / NewDay

If they thought their copy of the alleged agreement was legible they would have issed proceedings long ago. Clutching at straws they are

[supermac9]

Re: Marbles and CapQuest Investment Ltd / NewDay

Silence is golden!
:tape2:

[FlamingParrot]

Re: Marbles and CapQuest Investment Ltd / NewDay

Silence is golden!
:tape2:

It is indeed! I've enjoyed three and a half years of it! :grin: