I have been paying a company called Arc Europe who are the dca working for egg card, a monthly payment for 4 months now, but after being harassed for a missed payment, I have sent a cca request to them, I dont know if they have bought the debt or not, but after sending the cca request to arc on the 21st of February, i have had no reply. However I have had a letter from there solicitors Trevor Munn saying they are in the process of drawing up the papers to issue a ccj against me at Northampton court. I'm not sure wether to send them a letter saying that i have sent Arc a cca and am awaiting reply before paying them any more money. Or maybe start paying again to keep them off my back, or just sit back and wait for them to supply a cca. How long will it take before my ccj case is heard? Will this be long enough before they have commited a criminal offence? 44 days? Not sure what to do, please help?

Bump, does anyone know if this is true or not, as they do not own the debt there will be no deed of assignment. And What will happen next? Will it go back to capital one if they can not get hold of my cca?

After being Harassed by Capquest countless times despite paying them an agreed monthly amount I decided to ask them to supply me a deed of assignment and CCA for my Capital One account. Then after 11 days I received 3 letters on the same day. The standard response that my account is on hold for 28 days while they sort my information out, also would I send them any information I have about this account. (I don’t think so). I received 2 letters stating this. I also received a letter saying as capquest has not purchased the debt their is no deed of assignment availabel. Is this Correct? Now do I just wait for them to send me the CCA? I take it they will be contacting Captal One for this paperwork. If they send me the CCA, will they still be able to hound me or will it the debt be returned to Capital One? Capquest have in the past offered me a settlement figure of about £1500 which is 50% of the debt which in my situation i can not possibly afford. So obviously this amount is allowing for them to take there cut off the top, so if I was able to offer Capital One a settlement of £1000, Is it possible they might accept it?

Just a quick update on my progress. Have been waiting for my data for a week now. Decided to track my recorded delivery request and it still hasn't been delivered in a week. Good ol Royal Mail (there as bad as the banks) well maybe not that bad!! Maybe TSB are refusing to accept it!! Might have to send another!!

I was late with a payment and sent them twice as much the next month. They have now wrote to me 2 weeks after paying them saying i have to pay the total money now as i have broke my agreement. They sent me no correspondence for paying late and accepted my £60 two monthly payment. Now they have sent me a letter through their made up solicitors HL legal saying that Scotscall will be comng to my door to collect payments. I telephoned Capquest and told them I would be writing a fomal letter asking for them to send me my original CCA and a deed of assignment. The person at Capquest said as I have been paying them they do not need to send anything as i have acknowledged the debt.

Hi, i am paying capquest for a debt with capital one and have been reading many threads about sending Capquest a proof of debt letter. I am keen to send this letter myself, but have not seen any threads showing what has happened after the 42 days have elapsed for them to reply with cca request. All the threads end with people wondering if they have finally got capquest off their backs. Has anybody heard anything after the 42 days and what becomes of the debt after these 42 days??

Had a reply from TSB today. I sent them the S.A.R to the Birmingham Colemore Row address and recieved this reply from Chorlton Place Andover address. This is my reply: Thank you for getting in touch with us. I am sorry you are unhappy over your account charges. You have my assurance that we will investigate the concerns you have raised with us - this may take a little time but I would expect our enquiries to be complete within the coming 2 weeks. We will then be able to respond in full to your complaint and at that stage. I hope, resolve matters between us. I notice from your letter that you have a different address to that which we hold on our records. Should you wish for all fiuture correspondence to be sent to this address please put your request in writing, or visit your local branch. In case you haven't recieved a copy of our leaflet called "How to voice your concerns" I've enclosed one with my letter. This tells you all you need to know about resolving your concerns. Yours Sincerely Kerry Parfitt Customer service Admin Officer. In this letter they don't mention anything about sending my statements or if they have cashed my cheque. Shall send them a letter saying thanks for looking into my account matters but also resend another S.A.R saying the 40 days are still running and send a photocopy of my passport and a utility bill proving who I am concerning my address being different from what they have on record. Then they can't use that as an excuse for ignoring the data protection act. Dan

Thank you very much for your help, Cheddar and lookinforinfo. I might just do what you've both said. I'll write to Capquest to inform them to put my account on hold while my account is in dispute. Whilst i write an S.A.R to Capital One. Thanks again

Haven't heard anything yet from TSB so will send another S.A.R using the template from this site. Just one question, Has anyone got a template for asking a debt recovery agent to hold their actions as the account is in dispute? Buchanan, Clark and Wells is the name of the company Lloyds TSB are using - sure these were listed as dormant.

I have a debt of £2943 with Capital One, which has now has been chased up by Capquest Debt Recovery. I have been paying them £30 a month for 4 months now. However I looked up Capquest on google and found a web site called Grumbletext, which has many threads about this company. Mostly saying they have no right to the debts thy are chasing. They say that you should send them a letter asking for proof of debt. This company has also offered me a settlement figure of 50% off (£1500), which sounds quite good. What my question is "should I carry on paying this company? And if I can come up with the money should I try to clear my debt with them if they might not even own the debt? Also If I was to pay them up the debt at only half the price would I have any right in then claiming back any charges on the account? This other site says do not pay them! I’m worried If I did write for a proof of debt, they might send the debt back to Capital One and it will be back at £2943 again, but also on the other hand I may be paying them my monthly amount without the actual debt being reduced! Can anyone help? Do Capquest own the debt or just chase for Capital One and claim a percentage of the money they get back? Dan

Thanks Martin, I have sent off my S.A.R's to American Express,TSB Mastercard and Barclaycard and added a photocopy of my passport and a copy of my council tax charges for my new address. As for TSB bank I had already sent my S.A.R without these so i will give them til the end of the week, If no reply I will send another S.A.R with these details. Thanks again for your much needed help and support.

Thanks Barty for your help and support. I see you have won against TSB, well done. I have sent them an S.A.R but it wasn't the template from this site. So I did not mention the paragraph about manual intervention. Not sure what effect this will have, no doubt it will be a way TSB can squirm there way out of sending my statements. I will give them til the end of the week and then send the request again with the template from this site. If they cash 2 cheques I will just add them both to my claim. Just looking at yor threads I see it can take a while from start to finish. As this process can take a few months before possible court action, when can i claim back charges from? Will I be able to start my charges from February 2001 as this is 6 years from when I first sent S.A.R? Once again thanks for your support!!

Hi Everyone, I am new to this site and after reading other threads and the helpful advice on here I feel more confident in my battle with Lloyds Tsb. It is also reassuring to see I am not the only person who has been let down by their bank, when times were hard enough, without their unlawful charges. I only wish I had found this site earlier. I have been with Lloyds since I left school in 1991 and over the past twelve years (shame can only claim for 6 years) I have been flirting in and out of my overdraft to the glee of this greedy uncaring organisation. To cut a long story short I found myself in complete financial meltdown, owing various credit cards and TSB £1200 overdraft. I then had tried for an IVA with a rip off debt solution company (W3 Debt Solutions). If anyone has the urge to use these DON’T. Cost me £600 to be told, "sorry your IVA failed, goodbye". I then was paying my debts back with payplan. TSB wrote to payplan and myself saying the interest on my account had been stopped. However TSB continued to charge me interest, pay a £3.99 direct debit out every month (even though I had cancelled all direct debits) and charge me for select account (even though I cancelled it). At this point I stopped paying TSB. My TSB account now according to payplan was £980 overdrawn. But to my amazement my account was now £1129.73 overdrawn. So after a year of paying them back I was no better off. As I stopped paying I received a letter from Sechiari, Clark and Mitchell threatening me with court action. I then heard about reclaiming unlawful charges and sent them a very amateurish letter in June 2006, saying I was disputing my debt and wanted to be reimbursed for unlawful charges, which would more and cover my debt to them. I then received a letter from S,C and M saying as a goodwill offer TSB will accept £980. The amount I was supposed to owe them according to payplan. I then wrote again asking in October 2006 for statements quoting the Data Protection Act 1998. This time I had no reply apart from more threats from S,C and M. I have since realised that as I did not enclose a cheque for £10 they do not have to do it. They could of at least replied though. I then wrote a third time to TSB asking for my last 6 years of statements quoting the Data Protection Act and I did enclose the cheque for £10 and sent it recorded delivery on Friday 26th Jan 2007 Sadly, I only found this web site Saturday, So I did not mention anything about manual intervention etc and also did not send proof of identity or address as I have moved since my last contact with the bank. I’m not sure whether to send another request correctly and give them another £10 as I have been reading some other threads about Lloyds and their delaying tactics. I now have sent off S.A.R’s taken from your templates and sent them to American express, Barclaycard and TSB MasterCard, but will write about these on separate threads. A friend of mine has been through this process already and has offered to do all this for me for 10% of the claim he could win for me. I have told him "no", not because of the money, but the pleasure and fulfilment I will get, if I can take on and win against this money grabbing Corporation. I will post further information as soon as I have any.

Hi, I've only registered today and am looking forward to hopefully reclaiming some of my unlawful charges made against me. I have found myself in some serious debt lately and have been threatened with bailiffs, ccj's the lot. I am worried that if I send a Data Protection Act request to my old bank (tsb) and various credit cards (egg, american express, Capital One) they will step up there actions against me. I have been paying them monthly agreed fees and have had my interest stopped now. However I believe I will have probably paid more unlawful charges to TSB than the £1200 I owe them. Also I will claim against Barclay card and Bank Of Scotland who I do not owe any money. These set me on the way to debt before i transfered there debt. The question I need answering is because I have changed address twice since closing these accounts will they make it hard for me to have my data sent to me. Dan.