capquest and M+S CCA return - Is this enforcable?

[Nomore Baloney]

Sent a cca request off to Capquest and got this back from them. I must admit, I thought it was for a credit card, but seems it was for a loan, taken out in better times..

 

Anyway, any opinions folks?

 

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Edited January 28, 2009 by Nomore Baloney

[Shawn0109]

Was there any Term and Conditions that followed with this CCA?

[Nomore Baloney]

Nope, just that 1 sheet and some general stuff from them about payments.

[andygo]

Doesn't seem to be any stuff about early settlement and so on. Not sure if there needs to be however, sure an expert will be along in a mo though....

[alfwithhair]

when did you last acknowledge or make any payment on this agreement?

[Nomore Baloney]

Been paying Capquest £3 per month for ages.

[Shawn0109]

Ok this looks like a credit agreement but with no terms and conditions to it, as already pointed out there dont seem to be any mention of early settlemet on there but without terms and conditions the agreement seems a bit off to me.

Edited January 28, 2009 by Shawn0109
mistake

[Shawn0109]

When you sent your CCA request you didnt sign the letter did you? Because most DCA's copy your signature and sometimes paste it on to a fake one.

[Nomore Baloney]

I sent the CCA request unsigned and got my wife to sign a cheque from our joint account for £1.

 

Just wondered if there should be other stuff on there to make it enforceable.

[Shawn0109]

what should be on there is the pescribed terms and conditions of the CCA from what I can see they are not present, so that would make it unenforcable.

[Nomore Baloney]

In the first box, top left, it states that ...'upon the terms and conditions set out overleaf and in the personal loan schedule which together constitute this agreement.'

 

On that basis it does not comply with my cca request as they have not provided me with a full copy of the agreement.

 

So I guess I should write back and tell them that they havn't complied and am therefore putting the account into diispute.

 

Any one advise.

 

Incidentally, has anyone taken on M&S on an agreement such as this and come out on top?

 

Thanks

 

Nomore B

[havinastella]

They have complied with your request.

 

It also looks enforceable, I have seem worse enforced in Court.

 

May be worth looking at this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

 

Jogs

[Nomore Baloney]

Might be easier to carry on paying the £3 per month.

[Shawn0109]

Maybe they have and maybe they havent complied with the request you need the terms and conditions which as you have said are on the next page, so where is the next page, in that respect no t&c I would write again and ask for a full aggrement including the t&c. Thats all I'm saying and capquest dont always comply with the law like all other debt collectors they think they are the law and that they are right, when in some cases like 10% they are the other 90% they are not.

[Shawn0109]

The other question I would like to make why did you think it was for a credit card is that what capquest told you? If so that is misleading.

[Nomore Baloney]

The other question I would like to make why did you think it was for a credit card is that what capquest told you? If so that is misleading.

 

I was being a bit thick and just assumed it was for an M&S credit card. As you can see from the date, it was back in 2001.

 

I had a lot going on at the time so it sort of blended in with all my other 'interested parties' who think I'm such a splendid chap that they like to keep in touch as it were....

 

I will ask them for the rest of the t&c's though, just for the sport.

 

Thanks for your interest,

 

Nomore B.

[Nomore Baloney]

After sending Capquest a default letter i got this back from them. I think they are wrong.

 

Edited February 5, 2009 by Nomore Baloney

[alfwithhair]

As for as I was aware, it was 12+2 working days to supply the necessary documents. The calender month was under the old regulation whereby they commited a summery offence after a further month, but this no longer applies.

 

The rest of the letter is the usual stuff, the debt still exist but we can't enforce it.