Capquest...pathetic excuse for CCA......could i use to my advantage??

[DOBBYDOG]

Hi all,

 

Old Cap 1 debt, sold to Capquest, every penny is charges. Iv'e just claimed the charges back from Cap 1. There is now an outstanding balance with Capquest who i have requested CCA. Received yesterday an application form (assuming unenforcable ). Also Capquest have defaulted me for this with CRAs.

 

Now then, do you think i could use the fact they havn't provided an enforcable CCA to my advantage, ie; to get a reduced full and final settlement and to get default removed ??

 

Any thoughts /

 

Many thanks x

[maroondevo52]

Hi, DOBBYDOG.

 

Congratulations on the Cap 1 Victory

 

I also had a claim against Cap 1 which they had passed to Lowell's, I won my claim and they used it to reduce the total debt. Which left me with a small amount still to pay, which I did !! I did'nt know about a CCA request then

 

 

If, like you say they have failed to come up with your CCA, I don't see why you have to pay them another penny.

 

I'm not sure about the default removal, I tried to get one removed by HBOS without much success.

 

Hopefully someone with more brains than me will come along and help you

 

Good luck with that.

 

Regards.

 

Scott.

Edited June 4, 2008 by maroondevo52

[Shawn0109]

Hey can anybody help me please, I got a SD in the post sent by second class mail the other day from Capquest, I have not had anything from them in writing until now, I'm really really worried about this and dont know what to do, I have Cancer at the present moment in time and dont need the stress that these people have been putting on me, anyway I havent talked to them by phone because I know what this company is like apparently they are bullys and talk/shout down to you like you are 5 year old children. I have today wrote a CCA letter and am going to be sending it out by recorded delivery I just need to know what address I should send this to? Because on the SD form it says person you should send corrispondece to is: J O'Keefe Capqust Debt Recovery Limited PO Box 413 Fleet GU51 9AR is this right or is it Capquest Debt Recovery Limited Fleet 27 Rye Close Fleet Hampshire GU51 2QQ. I am really confussed and should I apply to the court to get this set aside, because I want them (Capquest) to prove that I do owe this debt, I feel sick right now thinking about it and with having Cancer just doesnt help me right now. Please Help Anybody.......

[nicklea]

Hi Shawn,

 

If you read here:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/145577-statutory-demand-connaught-collections.html?highlight=elevatorfour#post1535837

 

and the posts that follow it will give you some advice on how to set aside a SD. It's easy to do and costs nothing, but you will need to attend court to get it done

[Brassed off]

Hi Dobby - long time no see

 

Just spotted your thread. If you have just reclaimed the charges back from Cap One and CQ can only produce an application form, then they can whistle IMO. They haven't fulfillled your CCA request either if they haven't produced a Statement of Account or Notice of Assignment.

 

I think a nicely worded letter to them advising them of the fact that you have reclaimed all charges from Cap One and telling them to shove their application form up their jacksy should do the trick

 

As you know, I'm a real fan of CQ - they're my favourites

 

I'm having comp probs at the mo but I will dig out a "Curlyben Special" and post it up tomorrow night if that's OK 8) Unless someone beats me to it.

 

Oh no, does that mean you're beating me in the DCA "get stuffed" stakes?

 

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

 

Hi Shawn and welcome to CAG

 

Nicklea's a whizz on CAG Please take heed on what she has posted. I would also advise that you start a new thread on your situation so that you can get more specific help. Have a look at Bookie's Dummies Guide to posting on CAG here:-

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Good Luck

 

Bo

[DOBBYDOG]

Thanks BO, you are a treasure

 

You'll be pink in no time

 

The CB special will be great ! Dont alf miss him

 

 

If my calculations are correct and i deal with these it will be DOBBYDOG 4 DCA 0 But hey, i wont jump the gun just yet !

 

xxxx

[Brassed off]

Not sure where I got this letter from but it seems to fit the bill nicely

 

Dear Sirs

 

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by myself on (date).

 

As you must realise, this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data including defaults.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

 

Yours faithfully

 

 

Obviously edit to suit and DON'T SIGN

[DOBBYDOG]

Thanks hun Thats great !

 

Wont be sleepin tonight so that will give me something to do

 

xx

[Brassed off]

If you get bored, there's always the Bear Garden ;)