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

[ncf355]

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

Further info...............


"127 (3) reads....
Quote:
Originally Posted by CCA 1974

(3) The court shall not make an enforcement order under section 65(1) if section 61(1) (a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner)"

[jules1707]

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

Thank you so much, I thought as much but it's always dangerous to assume anything with these people. To be honest the documents could have been copied from anywhere as non of them have my name, account number, date or anything on them. They just look like they've just copied whatever they could find and passed it off as my official documents.

The fact that there are no threats on the covering letter and just a "this is how much you owe" and "documents requested enclosed" made me think that they realise they can't provide the correct documents and are just hedging their bets............

[ncf355]

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

Send them the letter above and let us know know how you get on

:-)

[jules1707]

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

The letter is on it's way............

[ncf355]

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

Jules,

something worth noting is that being a 13k debt would put this beyond small claims and therefore the winning side could claim costs

I say this as a positive thing, as it would mean if they decided to chance their arm you could engage the services of Paul Tilley (PT2537) or Kate Briscoe (Celestine) on here that are both experienced consumer credit solicitors with a number of large wins under their belt.

I would imagine due to your agreement starting 1995 there would be a fair chance of Kate/Paul ripping them apart and giving them a whole load of costs to boot as most lenders were not particularly detailed or correct in the construction of their credit card agreements around this time.

[ncf355]

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

Actually, a SAR to the original lender may be a good idea - I take it you have the account number?

This is a request under the data protection act 1998, Section 7 where you request copies of the original agreement and terms, all transactions and any communication that has passed between you - it costs £10.

[jules1707]

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

ooooo thanks for that info ncf355, they must have got the letter yesterday as I've had a voicemail and a text requesting I call them urgently........................................um mmmmmmm NO
I have had a nice letter from Lloyds TSB (dated 1st Feb 2014) explaining that they sold my account to the lovely Capquest in June 2013 so I have the account details.

Can you tell me why obtaining a SAR is a good idea as in my ignorance I'm not sure what it would be used for? Is it something to do with the interest charges and late payment fees etc? :tinysmile_hmm_t2:

[FlamingParrot]

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

ooooo thanks for that info ncf355, they must have got the letter yesterday as I've had a voicemail and a text requesting I call them urgently........................................um mmmmmmm NO
I have had a nice letter from Lloyds TSB (dated 1st Feb 2014) explaining that they sold my account to the lovely Capquest in June 2013 so I have the account details.

Can you tell me why obtaining a SAR is a good idea as in my ignorance I'm not sure what it would be used for? Is it something to do with the interest charges and late payment fees etc? :tinysmile_hmm_t2:

The idea is to determine whether the terms they have supplied you with on their recon are actually the terms from inception, i.e. the ones you allegedly agreed to when you allegedly signed the agreement. If they reckon they have sent you says that the late payment fee is, say, £15 but you were charged £25 years ago, it could be argued those were not the original terms. The problem I can see with all this is that SARs normally only go back 6 years, meaning you wouldn't know what their charges were in the 90s.

I am a bit surprised to see them being able to provide an agreement for a product dating back nearly 20 years, I'd say if it's a recon, it may well not have the original terms. Was there any PPI?

[jules1707]

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

To be honest it was so long ago I have no idea. With your expert opinion what do you think their next move might be? Do you think I should just sit tight and await the next letter? I believe it becomes sb in April next year........

[FlamingParrot]

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

To be honest it was so long ago I have no idea. With your expert opinion what do you think their next move might be? Do you think I should just sit tight and await the next letter? I believe it becomes sb in April next year........

Sounds like a plan, if you get a letter, do post up here. :typing:

[ncf355]

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

FP is probably right here, go for the SAR if and when they start trying harder

The other thing I would expect to come up in a SAR is a default notice via S87/88 of the Consumer Credit Act 1974 - this has to be sent to you (and laid out in a very particular way to be valid) before they can attempt to call in the full balance owed.

[ncf355]

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

Actually, I'm going to contradict myself - I don't see the harm in sending the SAR now (this way you are proactive, not reactive and have all the info nefore you if they start pushing).


Send the SAR to the original creditor (note careful wording - ALLEGED accounts all through the request!!)


-----------------------------------------------------------------------------------------------------------------------------------


Here's a sample SAR, should you need it:


REQUEST UNDER SECTION 7, DATA PROTECTION ACT 1998

Having recently received contact from you and your agent, I wish to assess the information you hold in regard to my person.

I therefore make the following request under the Data Protection Act 1998 -

Please supply:

- Copies of any and all communications (be that via letter/email or fax) between myself and your company

- Copies of any and all transactions made on any alleged account from the date of agreement to the current date

- Copies of any and all screen notes you have made in relation to myself and any alleged account

- Copies of any and all data you hold in relation to any alleged account (including, but not limited to, any original credit agreement and terms and conditions that you may allege to exist)

- Copies of any and all other data not detailed above but held by you in relation to my person and any account alleged to have been held

I enclose the required fee of £10 for such a request and remind you that you are required by law to fulfil this request within 40 days.

Yours faithfully,

(USE A COMPUTER FONT TO SIGN!!)

JULES


______________________________________




Does your name or address differ in anyway to that they are likely to hold on file? , if so, to save the time of them writing back and asking you may want to send them proof of new address (a water bill, gas bill - that sort of thing) or if your name has changed (marriage?) a copy of the marriage cert



_________________________________________

[FlamingParrot]

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

FP is probably right here, go for the SAR if and when they start trying harder

The other thing I would expect to come up in a SAR is a default notice via S87/88 of the Consumer Credit Act 1974 - this has to be sent to you (and laid out in a very particular way to be valid) before they can attempt to call in the full balance owed.

A number of banks argue they don't keep copies of them.

[jules1707]

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

No letter yet just calls and texts EVERY FLIPPING DAY!!!!!!!!!!

[jules1707]

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

I'll go ahead and request the SAR but due to severe financial constraints I can't do that for 2 weeks (pay day)..................meawhile I'll sit tight and ignore the phone.....sigh.......