capquest - stat demand received - hbos Credit Card - **set aside**

[superstarjan]

can anyone advise ?

[Bazooka Boo]

One CCA request is all that is required, if they have failed to tell the left arm what the right one is doing, then that's their lookout, send the new muppets this http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

And ignore their request for another £ postal order.

 

Boo;)

[middenmess]

Best to scan in the d/n etc for others to inspect and opine.

[diddydicky]

Hiya all, I need a bit of help now with this one.

 

Basically I sent the CCA request over a year ago, but never received anything. however, through a DCA (which I sent the bemused letter to), I have received a copy of the cca today and it has my signature on it.

 

Since reading up on more and more cases and learing from this site, I have now realised that the DN they sent me nearly 18 months ago, is faulty. The have also terminated the account. I know what that means, and I should've sent them a letter accepting their unlawful recission. I have not sent such letter and I need to know :-

 

1. is it too late to send it now?

 

2. I have corresponded with them since the termination notice asking them to consider writing off the debt due to my circumstances. Will this affect the termination notice?

 

3. Shall I subject access the dca and/or hbos?

 

4. The copy of the cca I have recieved today, although it has my signature, is slightly different than the cca I received when I got the actual credit card attached to it and it also has a slightly smaller font than the 'page 5 of 8' original copy which I still have. The copy I received today is 'page 3 of 8', so I would think that they should be identical?

 

i assume you have not sent any payments since that time?

 

send a letter now-stating that having received advice, you now understand that their actions amounted to an unlawful repudiation of the agreement (if indeed a properly executed and/or legally enforceable agreement ever existed) and having had the significance of their actions explained to you, you are electing to accept their unlawful repudiation.

 

recorded delivery

 

dont pay them anything do nothing to give the impression that you regard the agreement as anything other than ended

[superstarjan]

no, I've not paid anything at all since August 2008.

 

How does this sound?

 

Dear hbos

 

re: account number ***********

 

I acknowledge receipt of you default notice dated ***** and subsequent termination notice dated ******.

 

After taking advice, on your non compliance with my CCA request dated **** I now fully understand that your actions amount to an unlawful repudiation of the agreement and I understand that Bank of Scotland does not intend to perform, therefore I accept your unlawful recission and consider myself relieved of any and all terms and conditions of the purported agreement. .

 

Accordingly I shall now await fresh direction from Bank of Scotland.

Yours faithfully

 

Any ideas, ammendments or advice welcome!

[diddydicky]

Dear hbos

 

re: Your Ref:- ***********

 

I acknowledge receipt of you default notice dated ***** and subsequent termination notice dated ******.

 

After taking advice, I now understand that your actions amount to an unlawful repudiation therefore I accept your unlawful recission and consider myself relieved of any and all terms and conditions of the purported agreement. .

 

please advise me of the amount of (genuine) arrears that were outstanding as at the time of termination, against which i may have a counter claim for damages. .

 

Yours faithfully

[diddydicky]

referring to "account number" could be seen as an admission that a (lawful) account still exists- therefore always use "your reference"

 

do not tell them why they have unlawfully repudiated- they pay lawyers to tell them that, plus if you got it wrong you might need to point to some other defect at a later date- keep your options open!!

 

you are still indebted to them for the amount of arrears as at the time the agreement (if indeed a lawful agreement ever existed) and so you need to be seen to be trying to resolve that issue by asking for the amount (which will not be the same as in the DN) - but dont worry- they wont write back and tell you because they will not admit they unlawfully terminated

[superstarjan]

Thank you! I shall send 'your' letter of first thing in the morning, recorded of course

[superstarjan]

One quick question DD, I am just about to print the letter and stroll to the post office on this fine day, but I'm not sure if I should keep the (genuine) in or whether that was there for my benefit?

[superstarjan]

quick question BB, so I don't make a daft mistake, where it says on this fab template letter

 

"My previous dispute from ***** has NOT been answered."

 

Is it the date on the letter of my cca request that's needed here?

[diddydicky]

keep the genuine in- what you are saying is you want the figure that is genuine arrears and not have unlawful charges included in it from the past

 

dont worry they will NEVER provide you with the figure anyway!!

[superstarjan]

Thanks again DD!

 

The default notice if sent 1st class, only gives 13 clear days, so I hope it's not seen as de minimis!!!

[diddydicky]

it cannot be de minimus- it is a statutory requirement!!

[LarissaJ]

[Bazooka Boo]

Did you tell the previous owners that the account was in dispute as they Failed to supply you with the agreement?

If so, then the date you put the account in dispute with the previous owners should be put down, if not then the date you requested the CCA from the original owners will be good enough.

 

Your basically telling them that as the previous owners of the alleged debt could not provide the agreement, that they have bought a lemon and should pass it back to the original owners, as they (the new owners) should not be pursuing a disputed debt.

[superstarjan]

Hiya again! I sent the acceptace letter back in March and have heard nothing back from HBOS, however I have received a 'formal demand for payment' letter from robingway! Should I ignore this letter, or send the 'bemused' one in reply?

[diddydicky]

dear robbing way

 

 

Re your Ref XXXXXXXXXXXXXxx

 

 

i have received your demand for payment.

 

I refer you to my letter of XXXXXXXx sent to your principals Messrs XXXXXXXXXXX.

 

Kindly note that further correspondence of a similar nature will be filed unanswered

 

Y F

[superstarjan]

Hi there, I need some help for my partner, that has buried his head in the sand and is now facing bankruptcy.

 

He has received a stat demand 11 days ago from capquest. The debt is for a credit card that he hasn't paid for over a year and has lots of bank charges on it.

 

He has a number of debts, a failing business, a house with very little/possibily no equity, no car or assets. We have a young family and the last thing I want is to lose the house because of him ignoring these debts. I'm at my wits end and really need some help on this. He knows that I've come on here and is finally ready to take some action, but I'm worried he might be too late. PLEASE HELP.

[Dustyd]

Hi Superstarjan,

 

Is the Capquest for Capital One debt by any chance?

 

Have they taken you to court and received a judgement against you?

 

How much is it for?

 

Hopefully other people will help you once we know this ibfo too.

 

Chin up, it may not be as bad as it seems

 

Dusty

 

Hi there, I need some help for my partner, that has buried his head in the sand and is now facing bankruptcy.

 

He has received a stat demand 11 days ago from capquest. The debt is for a credit card that he hasn't paid for over a year and has lots of bank charges on it.

 

He has a number of debts, a failing business, a house with very little/possibily no equity, no car or assets. We have a young family and the last thing I want is to lose the house because of him ignoring these debts. I'm at my wits end and really need some help on this. He knows that I've come on here and is finally ready to take some action, but I'm worried he might be too late. PLEASE HELP.

[superstarjan]

Thank Dusty it's not capital one, it's hbos. They haven't been to court yet, just received the stat demand on 20th january, it's from Barry Davies.

[nometer]

Hi superstarjan,

How old is the credit card debt?

Is the account currently is dispute due to a cca request?

Did capquest send any letters demanding payment before you got stat demand, where you aware capquest had the account?

[superstarjan]

Hi superstarjan,

How old is the credit card debt?

Is the account currently is dispute due to a cca request?

Did capquest send any letters demanding payment before you got stat demand, where you aware capquest had the account?

 

Hiya nometer. This particular debt is my partner's, its about 2 years old and he has never sent them a cca request. Capquest have sent a few letters.

I have a lot of my own debts too and I have been trying to keep them in order with things that I've learnt on this website and have been corresponding with numerous dca's with the ''bemused'' template letter, which is why I'm so worried now, as he's buried his head in the sand. I need to try and get him to do something now, or it will affect me and our children. The debt is for £xxxx.

Edited February 2, 2011 by 42man

[Dustyd]

CCA ASAP for me. They nay not have a copy of true signed agreement

Hiya nometer. This particular debt is my partner's, its about 2 years old and he has never sent them a cca request. Capquest have sent a few letters and a notice of assignment.

I have a lot of my own debts too and I have been trying to keep them in order with things that I've learnt on this website and have been corresponding with numerous dca's with the ''bemused'' template letter, which is why I'm so worried now, as he's buried his head in the sand. I need to try and get him to do something now, or it will affect me and our children. The debt is for £2500.

[superstarjan]

yes, I'll do that thanks dustyd, but I think he applied for it online in about 2007, so he would've clicked a box and prob not signed anything. One other thing, how long does a cca take? he only has till 6th feb to apply to get it set aside.

[nometer]

I would suggest you read the sticky thread regarding stat demands, if you can find a good agument to dispute the amount being claimed such as ppi or unfair charges then you will have good grounds for a set aside.

Capquest tend ti use stat demands to

Make you start paying, u would look into any strong avenues into the set aside, if there is nothing that you find you could always try to negotiate with them.

It does make me wonder with these lot why they didnt go for ccj, thats what you need to find out i guesd.

It may also be worth giving the insolvency help line a call to see where you stand with the house and making sure you keep hold of it.