CapQuest / Shop Direct Help

[tiglet]

Don't waste your pound, send them this (details amended, of course):

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

 

 

If they continue to press for payment, refer the matter straight away to your local TS.

[havinastella]

Hey Kings

 

Just Curley Bens Account in dispute will do and also another complaint to TS, etc.

 

I always add a £12 charge at the end of my letter

 

Jogs

 

 

*Beaten by Tiglet*

[tiglet]

Great minds, and all that ...

[kingofkings]

Have sent the letter to Red Castle, I will wait for their communication. But 8 months is a rather a long time to come back on this. I thought it was already sorted.. Ha.

[tiglet]

It ain't ever over until the fat lady sings ...

[kingofkings]

It's been a while, and today I have a letter from Mackenzie Hall acking on behalf of Phoneix Recoveries.

 

They have offered me a gesture of goodwill to pay £157.91 which of course is the original debt which there is no CCA for. So it seems they've taken off the charges Moorcroft added at the beginning and I have until May 7th to reply.

 

I will just be sending them a letter stating the above.

 

Also the last time this debt was updated on my credit file was 29/04/2008.

 

Is there anything else I should be aware of, or to do. As I will probably get these every year it seems, and I wouldn't like to just ignore the letters.

[kingofkings]

Hello,

 

I was just wondering where I stand on this, but I'll give a little background.

 

I have a Shop Direct account that is being chased by CapQuest and they have sent letters to my home address recently, I have not acted on them and was simply waiting until they demanded payment as recent letters were just offers and how they would discount the debt if it was paid etc. So was waiting for them to threaten action before asking for a CCA.

 

But today I have got a letter at my friends address, addressed to me from CapQuest, I have been looking after his house for 6 months, and will be for another 6 month whilst he is out travelling the world. But no one knows I am living at my friends house, all my post and other bills goes to my home address.

 

I am wondering, why I got a letter addressed to me at my friends address, not sure how they got the address as no one calling at my home address for the debt would of been passed on any addresses of where I am living.

 

Where do I stand in all of this, I will be contacting CapQuest by letter, is there anything I can say to them? And can I combined a CCA request in the same letter and tell them to use my Home address and not my friends address.

 

Regards,

kingofkings

[harrassed senior]

Electoral roll, utilities bills, etc. do you use your own address for absolutely everything? Personally, I would just ignore this letter and see what happens.

[kingofkings]

Yes, I used my own address for everything, I am on the electoral roll at my home address. I have no bills coming to my friends address as I don't officially live there, I am just house sitting basically, so everything, mobile bills, phone bills, bank etc is registered to my home address as that is where I officially live.

[harrassed senior]

As you say then, very strange. Advise still stands though, just ignore for now.

[247orbital]

They may have contacted a neighbour who knew your whereabouts as some long lost friend. I've had invited for weddings and all sorts of tricks from DCA's in the past trying to get hold of me.

[kingofkings]

My neighbours wouldn't know as most of them hardly no me, and they wouldn't know my friends address at least. I'm usually at home daily anyway and spend the nights over at my friends house when looking after it as only doing so, so it's not broken into etc and the like. So during the day I am at home, or at work and during the evenings I'm at looking after my friends house, there is some times when I stay there during the day but that's what I mean though, no one knows I am looking after the house, apart from my friend and his family and they don't live near my home address anyway (at least 6 miles) so finding out the address would be quiet hard.

 

I'm just going to ignore it, but if I get another one I will act on it and ask why they are writing to me at my friends address.

[PGH7447]

send it back with unknown at this address

[hillards]

...if I get another one I will act on it and ask why they are writing to me at my friends address.

Not a very good idea as that then links you to that address and it's not unknown for DCA's to tag credit files with such information, which means your friend's address is then noted as being associated with you.

 

If you do get in touch at all, stick to one address. Saves a lot of potential hassle later. If anything else arrives at your friends address just mark the envelope 'not known at this address' and put it back in the post. They have obviously found something that could link you there or they wouldn't have known to use that address.

[kingofkings]

Hello,

Recently I've been trying to obtain a copy of my signed credit agreement from Lowell on behalf of Shop Direct, just a little backstory; I recently became unemployed so no longer can afford to pay off some of accounts with Shop Direct all in one go, so have been going the CCA Route so that I can give myself some more time to pay back the debts.

 

I have 2 other accounts that were opened at the same time and I've been successful in Lowell / Shop Direct not being able to provided me with a Signed CCA so they are now unenforceable and have to accept any re-payments of an amount I choose which I am planning to do after hopefully getting this 3rd account sorted which has got a different result from all the rest.

 

I received the following letter on July 5th 2011;

 

 

I sent off the following letter to Lowell, a bit late as was quite busy after becoming unemployed with sorting out everything else on the 25th July 2011;

 

 

And got this reply on August 1st 2011;

 

 

Then got the following on August 2nd 2011;

 

 

After that, I received nothing until August 19th 2011, which is the following letter;

 

 

After that letter, I received nothing until September 6th 2011, which a letter was telling me that they now they were in receipt of my request for the copy of my agreement, which consists of the following set of images;

 

 

 

 

 

So after all that, sorry if this is quite long and time consuming to read everything that has been done in such a short time, but what happens now? Are they right in what they have sent to me, but also my other 2 accounts that were opened at the same time they couldn't find anything so they are now unenforceable?

 

What can I do next, as there isn't a copy of an agreement that I've signed, but they've sent out copies of documents I could of signed, is there any letters I can send off to delay this or make it unenforceable like the rest so that I then arrange me make re-payments of my own choosing?

 

- All images have had the names, addresses and account numbers removed only, so any boxes that are black is removed information just in case anyone think I've blocked out a signature.

 

Regards,

kingofkings

[dpick]

Hi to my knowledge this is a reconstituted agreement and as the agreement was opened after April 2007 would be enforceable by a court. The best advice I could give is to make arrangement to pay in accord with your financial situation. A judge would not be happy if they took this to court and you were making sensible payments.

 

dpick

[huggy41]

also the statement of accounts over the last 5 years shows payments ,commision ect. so the account cannot be disputed. like dpick says get into a payment plan with them but get it in writting.

[kingofkings]

Hello,

 

After checking my Credit File recently, after being contacted by Arrow Global for a Debt in 2007 which was originally being chased by 1st Credit was deemed unenforceable after not being able to produce the original CCA with the original creditor Shop Direct, I was then pursued constantly by Phoenix Recoveries after 1st Credit ceased communication with me.

 

It would seem that I have 3 defaults on my Credit Report that relate to the same debt, the newest one of the file is Arrow Global which has only recently been added even though the default date is 2007.

 

I've not heard from Arrow Global with regards to the debt, and I think my last contact with Phoenix Recoveries was last year when they sent me an 'annual statement of account' I've not heard anything else regarding this debt since.

 

I have no 'paper' record of the 'NO CCA' etc or the debt being unenforceable due to some of my paperwork from 2007 being lost.

 

What steps do I need to take to get the duplicated defaults removed, who do I contact first.

 

Any help is very much appreciated.

 

I've attached the following images which are from my most recent credit report of 04/11/11.

 

 

 

[Bazooka Boo]

Get onto the credit agency asap and demand they remove the erroneous incorrect data or you will be seeking damages for defamation from both them and the three clowns who they have allowed to add it.

[kingofkings]

Thanks, do you know the addresses... Who shall I write to first? The original Creditor which was a Online Mail Order Account, Shop Direct or one of the DCAs... Phenoix or the most recent one ArrowGlobal...

 

Would it be better to deal with all in one go or one at a time?

 

Also a bit stuck on what to say, as well as leaving it so long... Sorry to be difficult.

 

Also with no account number or reference number, is that going to be a bit of a problem?

[dx100uk]

the cra not the defaulters......

 

creditexpert.co.uk

 

contact us button.

 

dx

[Bazooka Boo]

Just inform the credit agency that the data they have allowed to be placed on your file is incorrect, and you will be seeking legal advice with a view to taking action against them and the three clowns who have put it there for defamation, currently stands at £1,000 per incorrect entry!

[kingofkings]

I actually use Equifax as I get that free with my Capital One Credit Card, so shall I contact them or would be best advised to do it via creditexpert.co.uk ?

[Bazooka Boo]

If the above screen grabs came from Equifax, then first port of call is to get onto them.

[kingofkings]

Thanks,

 

I've send the following as a dispute for the most recent information added.

 

Hello,

 

I am disputing this record on my credit file as it seems to a duplicated record that relates to Pheonix Recoveries Sdfs / XXXX and Mail Order Agency from Shop Direct Financial Svcs Ltd(i) / XXXX.

 

I would like the erroneous incorrect data removed from my file or I will be seeking legal advice for damages for defamation from both yourselves and the Creditors that you have allowed to add this information to my credit file.

 

...

 

I will try to come back with feedback, in the event that it will help someone else.