CapQuest and Lowells

[sag]

Sent CCA request to CapQuest & Lowells on 15th April. CapQuest replied on 16th that a/c is now on hold for 28days while they obtain info (& if we have any correspondence that would assist them to forward it). Their client is Robinson Way purchased from Capital One, heard nothing more as yet.
Lowells replied on 17th saying they are requesting copy of the agreement from original lender (Egg). then on 24th said they can confirm that Egg has requested the credit agreement be retrieved from archive. They then say that once the agreement is retrieved I will be required to pay outstanding balance in full (or if necessary could initiate legal proceedings seeing outstanding balance increase due to court costs etc).
Do I need to do anything further at the moment or am I best waiting to hear from them?
If they send me the CCA's what can I then do?
What I want to get is a reduced final valuation fee to then pay off.

[Luminol]

Re: CapQuest and Lowells

Hi sag, you kinda just have to wait now, nothing further can be done by anyone until they supply you with a 'valid' CCA, (Ive been waiting 10months for someone to find mine).

After the 12+2 days you can send an Account in dispute letter, to remind them that no further action acan be taken whilst your CCA request is outstanding.

[Curlyben]

Re: CapQuest and Lowells

This sticky should help as it gives details of what happens: Consumer Credit Agreements - A Guide - Legal Beagles

[sag]

Re: CapQuest and Lowells

Thanks for the quick response.

[sag]

Re: CapQuest and Lowells

OK Lowells have sent me the Egg original credit agreement and the statements and said:- we look forward to your proposal for repayment within the next seven days!!

Balance payable £2138.45
I worked out what I used and what I paid back which ends up my total spend less payments made leaves balance at £1010.24 the rest is all charges and interest.

Does anyone have any advice on what to do next? Should I offer them an amount or do you think they will offer me a proposal on repayment? They have given me 7 days to propose a payment to them. Who do I deal with, Lowells or Egg? It is Lowells who have sent me my CCA that I have with Egg.

[Curlyben]

Re: CapQuest and Lowells

Can you scan and attach the purported agreement ?

[sag]

I have attatched them (if it works) Let me know if you can read them ok.

Thanks in advance..

[Amethyst]

Re: CapQuest and Lowells

edited to remove name addy sig etc will pop back up in a sec - Amethyst x DONE - please be careful posting your personal details to public forums.

if it helps they're the same as the ones on this thread Egg CCA Enforceable? - Legal Beagles so the views there will likely be applicable to yours.

http://i407.photobucket.com/albums/p...salt/REGG2.jpg
http://i407.photobucket.com/albums/p...salt/REGG1.jpg

[sag]

Re: CapQuest and Lowells

Thanks for that.

[sag]

Re: CapQuest and Lowells

What is my next step? I only have until Friday to contact Lowells. Do I contact them or Egg? Do I make an offer and do I have to pay the full offer price in one go?

[Curlyben]

Re: CapQuest and Lowells

To be perfectly honest with you the DCA's deadlines are completely hot air.
Now as you know there's a load of charges on this I would sent Lowell's a dispute notice along those lines and follow through with the charges reclaim directly with Egg.

Try this for size:

Account In Dispute


Dear Sir/Madam,

I refer to your recent letter and telephone calls.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with ** BANK NAME ** prior to your first contact with me, and has yet to be resolved.
Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

They wont like this much, but it's tough really

[sag]

Re: CapQuest and Lowells

Thanks for that. Can I just ask, should I send a dispute notice to Egg firstly, then send this letter to Lowells? When I received the CCA and statements I didn't receive the (Copy of the executed deed of assignment from (original creditor) and (DCA)) does this matter? Once I have this account in dispute should I then be able to deal directly with Egg and make an offer of payment directly to them not the DCA?

With regards to CapQuest I have just today received a letter from them saying 'Please find enclosed copy document(s) as requested'. And asking me to deal with matter immediately by sending payment. They have just sent me some A4 sheets which have 2inch boxes on them containing monthly mini statements, very minimal details, just credit limit, balance, minimum payment due and transaction details showing what's paid in and paid out. The first 25 months only show minimum payment due, credit limit and new balance, no other details. I haven't been provided with any sort of CCA or copy of the executed deed of assignment from (original creditor) and (DCA). My original CCA request to them was dated 14th April, their letter is dated 12th May. They also say in this letter that they have placed my account on hold until 21st May, if they do not receive contact from me by this date, my account will be passed to their collection department for further action. Am I better to reply to them stating they haven't complied with my original request or leave it till after the further month has expired when they are then committing a criminal offence? Thanks in advance.

[Curlyben]

Re: CapQuest and Lowells

Yes, get a charge reclaim in to Egg and then send the dispute to Lowells.

Have CQ even attempted to send your agreement ?
As for their threats, ignore them..

[sag]

Re: CapQuest and Lowells

Ok i'll write to Egg to try to reclaim the charges, do you know if there is a letter template for this? And i'll send a dispute notice to Lowells.

With regards to CQ, no they haven't attempted to send any kind of agreement, just the half hearted statements. So i'll just wait to see what they do next.

[Paule]

Re: CapQuest and Lowells

Ok i'll write to Egg to try to reclaim the charges, do you know if there is a letter template for this? .

Links to the guides are in my signature

PKea