Capquest

[jon1965]

Re: Capquest

From reading around they do not even have to call it a notice of assignment, they just need to tell you they are dealing with it.

In MY REAL WORLD and god knows I have enough creditors, it is often just one letter from one company, the new owners. In some cases it is just an email .

[FlamingParrot]

Re: Capquest

From reading around they do not even have to call it a notice of assignment, they just need to tell you they are dealing with it.

In MY REAL WORLD and god knows I have enough creditors, it is often just one letter from one company, the new owners. In some cases it is just an email .

It is usually just a letter from the new owner also from experience, for example, I never heard a word from Opus then 1st Crud starting sending letters asking me to confirm I lived at that address, which I ignored. Then followed a NoA from them.

However, I should think if no payments are being made, one would only argue about the assignment once a claim was issued. Would be different if you are paying someone every month, you'd like to make sure your payments are going to the rightful owner, there's lots of cases where people have been paying into a certain account, the debt has been sold and payments have not been passed on. :mad2: :mad2: :mad2:

[Roland]

Re: Capquest

From reading around they do not even have to call it a notice of assignment, they just need to tell you they are dealing with it.

In MY REAL WORLD and god knows I have enough creditors, it is often just one letter from one company, the new owners. In some cases it is just an email .

Yes indeed they have to otherwise the assignment is not absolute. The requirement of the EU directive is just punishable as a statutory breach but it should nevertheless be observed. I dare say that a letter from the DCA would fulfil both functions.

Anyway get that CCA sent off as FP says, if they do not or cannot comply it gives leverage as they cannot commence enforcment proceedings without it.

So I m right in saying that you have a DMP in place ?

Does this include this debt ?

If so are the payments affordable, and can i ask how much the total debt is and how much they are asking for in total per month.

Also have they all frozen interest ?

[Dunx9]

Re: Capquest

Thanks again all for the input, I have completed the letter and will post it tomorrow along with a £1-00 postal order.
Yes there is a DMP in place thanks to NDL and the various creditors have been informed. It would not surprise me if this does not happen again.
To answer your question as far as I am aware the interest has been frozen by MBNA since last year when this crisis started.

[nemesis45]

Re: Capquest

Thanks again all for the input, I have completed the letter and will post it tomorrow along with a £1-00 postal order.
Yes there is a DMP in place thanks to NDL and the various creditors have been informed. It would not surprise me if this does not happen again.
To answer your question as far as I am aware the interest has been frozen by MBNA since last year when this crisis started.

Good luck please let us know the results.

nem

[Roland]

Re: Capquest

Yes also apologies if this has been asked and i missed it, but have you examined all your agreements for PPI ?

[Dunx9]

Re: Capquest

Will do. If they can not produce this document in the given time, what happens then and I presume that if they can produce it, I carry on as per usual and arrange a payment strategy?

- - - Updated - - -

As far as I can recall there was no ppi on this account.

Thanks
Dunx9

[Roland]

Re: Capquest

I should use this period whilst they are not pestering you(if you can afford it) to look into the PPI aspect also cca all appropriate accounts (regulated.

See which are enforceable which may not be see if they owe you any money etc. when you have all the data come back and we will discuss the best overall strategy to get rid of all the debtors.

[Dunx9]

Re: Capquest

Thanks Roland will give it a try.

[Dunx9]

Re: Capquest

Can anyone send me a link so I can put a tamper proof signature box on my letter please?

Thanks

Dunx9

[FlamingParrot]

Re: Capquest

Will do. If they can not produce this document in the given time, what happens then and I presume that if they can produce it, I carry on as per usual and arrange a payment strategy?

The documents will have to be assessed on their own merits. You may want to post up whatever your receive (removing personal details). :typing:

- - - Updated - - -

Can anyone send me a link so I can put a tamper proof signature box on my letter please?

http://legalbeagles.info/library/anti-tamper-signature-strip/

[Dunx9]

Re: Capquest

Many thanks FP

[Dunx9]

Re: Capquest

Good evening all,
I received a letter today from capquest dated 7 August 2015 informing me that they have passed the document request onto MBNA and will forward it as soon as they receive it. Does this mean a further 12 days for MBNA or should all this be completed within 12 days from 31/7/15 when the letter was sent recorded delivery?

Thanks

dunx9

[nemesis45]

Re: Capquest

[QUOTE=Dunx9;566891]Good evening all,
I received a letter today from capquest dated 7 August 2015 informing me that they have passed the document request onto MBNA and will forward it as soon as they receive it. Does this mean a further 12 days for MBNA or should all this be completed within 12 days from 31/7/15 when the letter was sent recorded delivery?

12 +2 days in all if the agreement has not been provided once that expires the debt is unenforceable until the agreement is produced.

nem

[FlamingParrot]

Re: Capquest

Good evening all,
I received a letter today from capquest dated 7 August 2015 informing me that they have passed the document request onto MBNA and will forward it as soon as they receive it. Does this mean a further 12 days for MBNA or should all this be completed within 12 days from 31/7/15 when the letter was sent recorded delivery?

Evening

When debt purchasers buy accounts, they don't get any paperwork, so they always need to go back to the original creditor to request it. Having sold the account, the OC wouldn't be in any big rush to supply the documents, so it's likely to take time to get anything.

An account would become temporarily unenforceable while they are in default of your request, however the breach can be remedied at any time by supplying you with the documents, and then they'd have to be assessed on their own merits.