Capquest on the loose..........................

[jules1707]

Re: Capquest on the loose..........................

I've just had a re read of the recon CCA and note that there is no mention at all of late payment fees.........should there be?

[ncf355]

Re: Capquest on the loose..........................

For the sake of a few pence, it's always best if your letter is at the top of the pile, especially since they decide to go to court. This fact has been corroborated by our very own PT. :yo:

They have supplied a recon and they may think that, because of Carey, etc. that should do the trick. It's best to set the record straight. If you tell them you won't be corresponding with them any more and why, then it may be possible to ignore further correspondence if it doesn't offer anything new in CCA terms. The letter previously sent only says no payment will be forthcoming, it doesn't say there will be no further correspondence until a true copy is supplied. :thumb:

Fair point well made FP!

[jules1707]

Re: Capquest on the loose..........................

Also bearing in mind I took the credit card out in 1993 how are they even going to know what the original terms were?

[FlamingParrot]

Re: Capquest on the loose..........................

I've just had a re read of the recon CCA and note that there is no mention at all of late payment fees.........should there be?

If they charge them, they should be mentioned.

Also bearing in mind I took the credit card out in 1993 how are they even going to know what the original terms were?

Not very likely they'll find anything that old. I took out an A&L card at around that time, MBNA (who bought the accounts in 2002), wrote back very quickly saying they couldn't find a copy of the agreement, they didn't even attempt at recon, as they probably had no clue! :grin: :grin: :grin:

[mystery1]

Re: Capquest on the loose..........................

It's not whether they charge them that matters, it's whether they were in the original agreement or not.

M1

[jules1707]

Re: Capquest on the loose..........................

Please excuse me if I sound like I'm repeating myself here......So if they can't prove that the terms and conditions on the recon that they sent were indeed the original terms etc signed by me in 1993 then they're a bit scuppered. Basically without the original document they can't prove it either way?

So if they did go down the court route they'd have no way of proving that I actually signed or agreed to the t&c at the time?

[mystery1]

Re: Capquest on the loose..........................

It's not hard to prove something on the balance of probability. However if you cast doubt on it by making a positive assertation i.e. that bit is not correct because, then the burden of proof is way harder to achieve for them. If you remain silent or have no specific objection to what they say is true you'll get hammered.

M1

[jules1707]

Re: Capquest on the loose..........................

ouch!

[FlamingParrot]

Re: Capquest on the loose..........................

It's not whether they charge them that matters, it's whether they were in the original agreement or not.

M1

...but if they have charged them to the OP, yet they have supplied an 'agreement' without them, surely that would show that's NOT the original agreement, wouldn't it? :grin:

[mystery1]

Re: Capquest on the loose..........................

No. It would show that something is wrong but that could be that they never had the right to charge them in the first place

M1

[jules1707]

Re: Capquest on the loose..........................

sooooo when I do ahead and request an SAR should it include the monthly statements sent to me? as I'm not sure if i've still got any copies due to an unfortunate ex!

[FlamingParrot]

Re: Capquest on the loose..........................

sooooo when I do ahead and request an SAR should it include the monthly statements sent to me? as I'm not sure if i've still got any copies due to an unfortunate ex!

It certainly should! A SAR is usually sent precisely with the intention of getting copies of statements. :thumb: Most banks will only send documents covering the last 6 years.

[jules1707]

Re: Capquest on the loose..........................

They've gone quiet for the last 4 days which I find slightly more sinister than when they were pestering me..............It's like when one of the children go quite and you find out they've redecorated their bedroom with a neon yellow highlighter! including the carpet....oh and the cat!

[jules1707]

Re: Capquest on the loose..........................

Right here we go again.....capquest have just sent me letter with copies of my credit card statements going back to 2007! and the letter just states that the balance is correct and due........still no signed original agreement though? I'm confused............

[jules1707]

Re: Capquest on the loose..........................

Also the reconstituted t&c they sent me had no mention of a late payment fee but in Nov 2007 there is a late payment fee of £12.......I really have no idea as to what to do next?