capquest own old lloyds credit card debt help

[Captain Haddock]

Re: capquest own old lloyds credit card debt help

But my wife's account is not a new agreement. Or am I missing something? I certainly didnt know about anynof this!

[Captain Haddock]

Re: capquest own old lloyds credit card debt help

http://www.legislation.gov.uk/uksi/2...lation/36/made

Sorry, but this is what I'm going on. As far as I can see, it is a current piece of UK govt legislation and clearly mentions the onus being on the assignee to inform the creditor. Unless I have overlooked some hidden amendment.........

[kayles5]

Re: capquest own old lloyds credit card debt help

Hi labman i had another letter off capquest which i ignored. Then i recieved a letter yesterday form optima legal. Saying
we refer to our previous letter and note that we have not been able to reach an agreement with you on your account. In view of this we have been instructed by capquest debt recovery limited to issue legal proceedings.
In order to avoid legal action and to discuss an affordable repayment plan please contact us on xxxx no later than the 15/10/13.

Then it goes on to say capquests address. What the claim is for. That if necessary a copy of the credit agreement and statements will be provided to the court to provecapquests claim. If i dont complay with the practice direction the court can impose sanctions against you and this may increase your liability for costs.

If legal proceedings are necessary then our client will also seek payment of costd. If our client has to commence proceedings and you are not able to show a defence to the claim our client will obtain jedgment that will be recorded on your credit record for 6 years and is likly to affect your ability to abtain credit in the future. Obtaining jedgement also means that our client can seek to enforce payment of the debt which could involve you in further costs. We hope that this action will not be necessary and that an affordable arrangement can be agreed.

I dont know what to do?? Do i call them and make a repayment plan?? Are these going to take me to court or is it just a threat?? Should i go to a debt advice place like debt line or the cab??

Sorry for all the questions any help would be great thanks

[FlamingParrot]

Re: capquest own old lloyds credit card debt help

Hi labman i had another letter off capquest which i ignored. Then i recieved a letter yesterday form optima legal. Saying
we refer to our previous letter and note that we have not been able to reach an agreement with you on your account. In view of this we have been instructed by capquest debt recovery limited to issue legal proceedings.
In order to avoid legal action and to discuss an affordable repayment plan please contact us on xxxx no later than the 15/10/13.

Then it goes on to say capquests address. What the claim is for. That if necessary a copy of the credit agreement and statements will be provided to the court to provecapquests claim. If i dont complay with the practice direction the court can impose sanctions against you and this may increase your liability for costs.

If legal proceedings are necessary then our client will also seek payment of costd. If our client has to commence proceedings and you are not able to show a defence to the claim our client will obtain jedgment that will be recorded on your credit record for 6 years and is likly to affect your ability to abtain credit in the future. Obtaining jedgement also means that our client can seek to enforce payment of the debt which could involve you in further costs. We hope that this action will not be necessary and that an affordable arrangement can be agreed.

I dont know what to do??

A letter like that from a firm of solicitors should be taken seriously, as it sounds like a letter before action or letter of claim, which is part of the pre-action protocol to be followed before issuing a claim.

Do i call them and make a repayment plan??

No, don't call them! Everything should be in writing.

Are these going to take me to court or is it just a threat?? Should i go to a debt advice place like debt line or the cab??

It's hard to tell what they will do but I doubt the CAB would be much help, even if you managed to get an appointment before the end of the year!

Hang in there, I will post up a reply you can send.

[FlamingParrot]

Re: capquest own old lloyds credit card debt help

I was away when this thread was posted and I've just gone back through it, it looks like all you sent was a 'prove it' letter, did you ever send a s.78/CCA request? If not, I would URGE YOU to send one now. I would say today, but it's nearly 5pm and the PO will be closed, however, you should send one tomorrow first thing, preferably by Special Delivery (next day).

A Prove It letter does not protect you from legal action but failure to comply with a CCA request is an argument to be used in your defence. At this stage, my suggestion would be to post the CCA request tomorrow, then wait a few days before responding to their letter before action, as they've given you till the 15th to reply.

They have 14 days to respond to a CCA request and no DCA is ever able to respond within that timeframe due to the need to go back to the original creditor for a copy of the agreement, that should give you a good argument should they issue proceedings.

[FlamingParrot]

Re: capquest own old lloyds credit card debt help

Below is the CCA request letter, get a £1 PO from the post office and just leave it blank without payee details. I'd normally say sign the letter digitally using a computer font, NOT your real signature, however, in this case, given that time is off the essence, we want to close any avenues they may have, such as they can't provide you with the documents due to lack of signature, etc. so the best thing to do would be to copy and paste the anti-tamper strip below onto your Word document, print it and sign on the strip.

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Yours faithfully,

[kayles5]

Re: capquest own old lloyds credit card debt help

Hiya thanks for your advice. But im not sure about sending the prove it letter because i know i woe this money?? Thanks again

[FlamingParrot]

Re: capquest own old lloyds credit card debt help

Hiya thanks for your advice. But im not sure about sending the prove it letter because i know i woe this money?? Thanks again

The letter above is not the prove it letter, that's the one you seem to have sent as per post 2 above: http://www.legalbeagles.info/forums/...251#post372251

The letter above is a request for a true copy of your credit agreement, to which you are entitled under s.77-79 of the Consumer Credit Act. It doesn't say you didn't have the account, it just asks them to provide you with a copy of the document you would have signed when you opened the account. It's your lawful right to request it and should protect you in case of legal action. The letter you have received IS more than a threat of legal action, it is a letter before issuing court papers. The only way you have to defend this potential action is by sending the letter above A.S.A.P.

Everyone who sends such a letter owes the money, including myself, I've sent such requests to the banks where I had credit cards and they've not come up with the goods, so I haven't paid them for over three years and they haven't taken me to court for that reason.

[kayles5]

Re: capquest own old lloyds credit card debt help

Ahhh i see okays i can only send it friday as i computer to type it up will that be too late?? Im abit confused about the postal order how do i put the stamp thing on it?? Im sorry for all the questions ive never done this before. Also once i send this letter how should i go about replying to the letter they sent?? Thank you

[FlamingParrot]

Re: capquest own old lloyds credit card debt help

Ahhh i see okays i can only send it friday as i computer to type it up will that be too late??

Better late than never!

Im abit confused about the postal order how do i put the stamp thing on it??

What stamp? When you go to the post office, you ask for a postal order for £1. They will charge you £1.50 (they have to make a profit somewhere ). You just put it in the envelope together with the letter before handing it to the cashier to be sent recorded delivery. There's no need to put the payee's name on, or fill anything in. All my POs have been blank.

Im sorry for all the questions ive never done this before. Also once i send this letter how should i go about replying to the letter they sent?? Thank you

Ah, that's the reason for sending *this* letter before. Once you've sent it, we can draft a response to that other letter saying you have requested a copy of your credit agreement from the creditor and are awaiting their response. But you can't say that until the CCA letter has been sent.

[labman]

Re: capquest own old lloyds credit card debt help

Good advice from FP there kayles5, that is exactly what I'd have suggested.

[kayles5]

Re: capquest own old lloyds credit card debt help

Okays thank you so much!! I ment the anti tamper stamp thingy ??

[FlamingParrot]

Re: capquest own old lloyds credit card debt help

Okays thank you so much!! I ment the anti tamper stamp thingy ??

Ah, sorry, didn't know what you meant.

You just have to copy and paste the anti-tamper strip from the post above at the bottom of your letter, where you'd normally sign it. Print the letter and sign over the strip.

[kayles5]

Re: capquest own old lloyds credit card debt help

Ahhhhh okays i was confused too ha thank you i hope this works i really dont want a ccj on my file. Do i just type my name in the strip?? Or write it in?? I dont want them having my signature incase they copy it into an agreement, or is that what the strips there for?? Thanks again

[FlamingParrot]

Re: capquest own old lloyds credit card debt help

Ahhhhh okays i was confused too ha thank you i hope this works i really dont want a ccj on my file.

This is precisely what we are trying to avoid! Once you've sent this letter, we can draft a response to their letter before action, where you'll tell the solicitors that you are awaiting response to your CCA request.

Do i just type my name in the strip?? Or write it in?? I dont want them having my signature incase they copy it into an agreement, or is that what the strips there for?? Thanks again

That's precisely what the strip is for! They won't be able to lift your signature from there. Normally we'd just suggest signing digitally (typing your name in an italic font) but we don't want them to come back to you saying you didn't sign your request and using this as an excuse for non-compliance whilst issuing a claim. :scared: