CapQuest / Shop Direct Help

[citizenB]

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

This should help you with information from the ICO on how defaults should be recorded.

[kingofkings]

Hello,

 

Before I go ahead and respond to the latest letter I've received from CapQuest can anyone please advise what I can do in this situation, as obviously it now looks like I need to respond to CapQuest and pay the balance in full, which I cannot afford at this moment in time but looks like I've got no way out, here is the history;

 

CapQuest contacts me with regards to debt from Shop Direct

I respond asking for a CCA and get this response and a Reconstituted Agreement

I respond to the Reconstituted Agreement with the following:

 

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

 

As you have forwarded a reconstituted agreement, you will need to confirm that you have the original signed Agreement, and in what form, e.g. microfiche, together with the reason this has not been sent at this request.

 

I consider that this account is still in dispute.

 

As you must realise this agreement does not conform to sections 60(1) and s61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under section 65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I give you 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing any personal data relating to me on this matter.

 

 

I get this response with regards to the above

 

 

And now we are at this stage

• Any help, assistance and guidance are much appreciated.
  

Regards,

kingofkings

all docs.pdf

[victoria_siempre]

Hi k

 

Full of 'pre' this and that, and mays if you ask me and fairly standard threat-o-gram. But see what colleagues think.

 

x

 

v

[brokebutnotbeatn]

If this credit was taken out as the reconstituted agreement says in Dec 2011 then they are right, at court this is acceptable.

 

Can you confirm it was taken out post April 2007?

 

I could be wrong but my dealing with this lot and the flow of comms you produce here indicate that theya re fairly organised so if it were me

(I stress this is only my opinion)

 

I would respond re change financial difficulties and can make an offer if £x / month.

 

However, before I did that I would search this forum to see what other people have experienced with this lot and asacertain the liklihood of them taking me to court.

 

Don't forget, you can always make an offer of payment if this escalates further.

 

So, whilst you gem up on them you could wait and see what their next missive brings before responding.

 

When was the last time you made payment against this debt?

[silverfox1961]

Hi

The initial letters are saying (to me) that Capquest are collecting on behalf of SD and if that is the fact CQ cannot begin legal action. They can only recommend it to SD.

 

Are there any charges that can be reclaimed to help reduce the balance?

[dx100uk]

get reclaiming!!

 

dx

[dx100uk]

moved to the cat forum

 

have a read of a few threads here

 

dx

[kingofkings]

Sorry for the delay in getting back to this thread.

 

The Account was opened in December 2007, the amount due is £1189.77 which of that amount I believe 40% is releated to charges,

I think £12 per every letter sent plus £12 for every missing payment.

It took them nearly a year since I couldn't afford to repay to get to the DCA stage.

 

How would one go about reclaiming the charges to at least reduce the balance.

 

It has to be said though, that another account opened at the same time when to a different DCA - Lowels and as a CCA could not be provided I have had the other one closed.

 

It's just a shame that this one that went to CapQuest is much more difficult to sort out.

 

So if I could relcaim the charges to reduce the balance, would this delay any action that CapQuest are doing,

who do I get in touch with Shop Direct or CapQuest as obviously all communication I have received is from CapQuest and not Shop Direct since December 2011.

[dx100uk]

all those letters you have are the std rubbish they fire out

 

if they really were on the ball

they would not even be talking about if/not the recon is 'legal' in court.

 

they dont need to go down that route

as after apr 2007, your first order serves as your cca.

 

now.

 

time to forget crapest.

 

SD sold the debt because they know most if not all the debt are PENALTY charges + the interest those have caused.

 

you need to go here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

and use the running fos or the CIsheet

 

put their int rate in D15

 

then fill in the date /reason/amount of EACH PENALTY charge..

 

then fire that and a covering letter [library top left green tab]

 

to the OC - shop direct.

 

they'll go nowhere near a court

 

so get reclaiming.

 

there are many thread in this forum

 

have a read of a few others reclaiming threads too

 

take your time there is no rush.

 

above all

 

stay OFF the phone!!

 

dx

[kingofkings]

I think I need to do a SAR to Shop Direct first, as no longer have 'Statements' relating to the account and I can no longer access my account online for this account either.

 

So will need to do a SAR to get all statements with regards to this account. Is there a SAR template if Catalogues in the Library as can only see one for Credit Cards / Loans and PPI.

 

Thanks.

[dx100uk]

same one

 

dx

[kingofkings]

Just an update, I haven't been able to send off for the SAR for Shop Direct as of yet due to lack of funds to get the postal order of £10 sorted.

 

In the meantime I've recieved the following letter for CapQuest

 

 

Balance: £1189.97

 

13th April 2012

 

As you will be aware we have communicated with you over a period of time to resolve this without the need for legal action. Costs incurred as a result of any litigation will be added to your balance, if we succed in obtaining Judgment against you.

 

My name is Marcus Butterworth and I have been appointed as your case handling supervisor.

 

Together with my team, it is my responsibility to progress your account through the ligigation process, but also to assist and inform you on any query or question you may have.

 

Your case may be processed and passed to our solicitors on or around 26 Apr 12, a process that you can stop by telephoning 0870 0843536 to discuss your account, and reaching an amicable solution.

 

I will not be demanding payment in full, I will be open to suggestions from you on how this account can be settled.

 

If you contact us before 26 Apr 12, I can offer you a settlement figure on your outstanding balance. That means you only have to pay £892.48 to clear this account with us, and if required, you can pay this over a period of 3 months.

 

You still have the oppurtunity to stop legal action and the possiblity of settling yout account over a period of time and by a method that is suitable to you.

 

I trust that you will take this oppurtunity to contact us and save yourself the possible expense of litigation and the problems that any ligigation in which we were successful would possibly cause to your credit file.

 

We look forward to hearing from you

 

Yours sincerely

 

Marcus Butterworth

Litigation Depeartment

CapQuest Debt Recovery Limited

 

 

So I think I need to contact them to let them know I'm doing a SAR's request with Shop Direct? As it seems I will end up dealing with both of them if I do not CapQuest?

[dx100uk]

you do NOT need to contact them

 

they are offering A DISCOUNT.

 

that means they'll NEVER goto court.

 

ignore them.

just a cleaverly wordrd letter

 

trying to get 'something' out of you before you realise you're being HAD.

[kingofkings]

I received a letter today from a person that has asked me to not divulge his information to CapQuest or anyone else but here is the letter that was sent.

 

Dear [Name Remove]

I enclose herewith a copy of a letter I received included in correspondence sent to me by CapQuest Debt Recovery Limited for your information. I have also sent a copy to the Information Commissioners Office.

If I can be of any assistance in relation to this data protection issue please do not hesitate to contact me. Please do not divulge my email address to CapQuest or anyone else.

Yours sincerely

[NAME REMOVED]

 

This is the letter that was enclosed, which is CapQuest-002-CCA-Response which I also received myself in January.

Edited April 19, 2012 by kingofkings

[IdaInFife]

was this not an online agreement?

[kingofkings]

Just an update on this, - yes this was an online agreement.

 

The other update is whilst I'm waiting for the SAR from Shop Direct, I've not yet received a response from them but today I've received the following letter from CapQuest.

 

[dx100uk]

you really need to get that sar off.

 

i'd perhaps write to crapest and pointout the majority of the debt is PENALTY charges etc

 

should court be instigated a large counter claim with cost will be coming their way.

 

upto you.

[kingofkings]

Thanks for your response, is there any sort of template I can re-created to that effect?

 

As I'm actually still waiting for a response from Shop Direct in regards to SAR.

[dx100uk]

await the SAR

 

dx

[kingofkings]

It seems that this outstanding debt has reared his ugly head again as I have received the following letter from Debt Management Ltd.

 

Account Due To: Arrow - Shop Direct (Carval)

Amount Due: £242.94

 

As you have beed advised by our client Arrow your overdue account has been referrred to ourselves for immediate collection. All future contact and payments should be made direct to Debt Managers Ltd.

 

The balance of £242.94 must be paid in full today. Payment may be made by card securely online at http://www.dmpay.co.uk or by telephone on 0843 216 8300 or if your circumstances prevent you from doing this we require you to contact us to discuss a reasonable and realistic payment arrangement.

 

If you are unsure of how you will settle this debt you must telephone one of our negotiators who will discuss the options available to replay this amount and the payment methods availabe.

 

Yours sincerely

 

S Parcs

Debt Managers Ltd

 

I have repsonded to this letter, asking for a CCA as I no longer have the information related to this regarding the NO CCA as most likely since I considered the matter to have been dealt with back in 2007 I must of shreaded the documents.

 

So I know there should be no valid CCA for this debt, but after I've received a response on this, where will I stand legally and what steps will I need to take?

 

Futhermore, I had a thread related to this where this debt appeared on my Credit Report 3 times, here is that thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?327155-3-Defaults-for-the-same-debt-help-and-advice-please

 

but is unreleated to the advice I'm asking for in this thread.

[Happyhippy1959]

oh dear kingofkings, what are you worrying about..... NO CCA = DON'T HAVE TO PAY IF YOU DON'T WANT TOO. Just write back and say account in dispute no cca and add £15.00 for your charges... Easy ain't it.... They add charges that are uneforcable so guess what, so does the Hippy.... have a blooming problem of a house insurance I cancelled due to bugging out and getting it repossessed, started with 2 x missed DD's at £29 a time it's been through three DCAs since March and has risen to £176.00 I just invoice the DCA's when I reply back... I have a loan debt of £14k and have never had this much hazzle,,,, these DCA's have no power over anyone..... I am on ARC at the moment, there letter was funny WE WISH TO INFORM YOU AND MAKE NO BONES ABOUT IT WE WILL START COURT PROCEEDINGS IN 10 DAYS ) letter dated 19th June received on the 29th June !!!!!!!!! now it's my word against theres, I wrote and cancelled they said I did not... offered them to take it to District Court no takers yet..

 

PLEASE STOP WORRYING, THEY HAVE ALREADY TOLD YOU IT'S UE.

[kingofkings]

I know it's unenforceable, I'm not really worrying about anything just hate to keep getting letters every year from different DCAs regarding the same debt, it's the only one I seem to have had issue with as other have simply been closed when there has been no CCA but this one just keeps coming out of the woodwork every now and then and it's just a nuisance to have to keep typing out letters.... But anyway no CCA not enforable as I know which is why I'm doing it all again to this new DCA so hopefully when they again provided no CCA I can state I knew it was the case that no CCA would be provided as this debt has already been in disputed with other DCA.

 

I was simply just asking for advice on what to do and say as no longer have the 'previous' documents regarding this debt for duration of this thread.

[kingofkings]

Just an update, I've not heard anything with regards to my SAR with Shop Direct.

 

All I got was a letter on 6th June 2012 stating that they are trying to find all my information and will sent it do me,,

when... I have no clue but as the 40 days were up anyway I sent the LBA and it's now been more than 7 days + 2

so I'm guessing I now go the County Court Route?

What does that entail as don't want anything to come back on me about the money owed.

 

---

In the meantime CapQuest have been sending me letters (not threats) that they are still waiting for Shop Direct to send them information with regards to the SAR too

so I'm getting a bit in a muddle with it all.

 

As these are the last two letters I've got from CapQuest, the first one is a response when telling them to put the account on hold

as I believe the amount to be mostly made up of charges so until I've reclaimed them to put the account on hold etc...

 

22nd June 2012

 

We are writing with reference to your request for further information in relation to your above account.

 

We can confirm we have requested this information directly from SDFS,

however we are still awaiting a response. Your account is currently on hold, and if interest is being applied this will be frozen.

 

We will be contacting you again within 28 days to advise of the situation.

 

If SDFS respond to us within that time period, we will contact you immediately to resolve this matter.

 

Your patience is appreciated.

 

To which I sent back the following letter asking why they sent the above and are requesting information themselves;

 

Thank you for your most recent letter dated 22nd June 2012.

 

I’m not quite sure of the information that you have requested from Shop Direct Financial Services.

 

As stated in my last letter to you I would be contacting Shop Direct Financials Services in relation to my account with account number ### for a Subject Access Request.

I’ve attached a copy of the original letter I sent to Shop Direct Financial Services with regards to the Subject Access Request.

 

They have since responded to my Subject Access Request stating that they are currently collating all the information and will contact me again shortly.

This response was on 6th June 2012, to which I’ve also attached a copy to this letter.

 

As noted in my previous letter the majority of £1189.97 owed is made up of penalty charges that I will be seeking to reclaim from Shop Direct Financial Services

to reduce balanced owed, but as of this letter they have unfulfilled my Subject Access Request, and as the 40 days for the Subject Access Request data to be sent to me

have now lapsed I thought I would update you as well as respond to your letter.

 

I have enclosed a letter that I have sent Shop Direct Financial Services at the same time as this letter which is the 3rd July 2012.

 

 

And they sent me back the following;

 

5th July 2012

 

We have contacted our client regarding your earlier query, and they responded as follows:

 

We can confirm that we did receive a SARS request on 24/5/12 and this has been passed to our Customer Excellence Team and they are dealing with this.

We can confirm that Capquest have placed this account on hold to allow our client to action your request.

 

....

 

So the account is on hold with Capquest but I'm still awaiting the SARS

but I have not received that and it's time I submitted the County Court Claim

but I don't want anything else to come back and bite me since the 3 other accounts that were passed to Lowels instead of CapQuest

I have managed to sort out as being unenforcable

I just didn't want them to come back into play.

It's only this last Shop Direct account that is being a pain.

[kingofkings]

Just an update on this... Today I received a letter from CapQuest after not hearing from them for some time saying they've been assigned the debt, same letter as back in December 2011, with the same wording and to contact them by such and such a date.

 

The only bit that is different from the letter in 2011 is that I don't make contact by 23rd Feb 2013 that the account will be passed to H L Legal and that the legal action will increase the amount I owe and will have a detrimental effect on my credit worthiness.

 

So I'm guessing I'm starting the whole process over again even though I've not heard from CapQuest since July of 2012.