BPF/Capquest - Advice Needed On Credit File Query

[dx100uk]

7 threads merged on same subject

 

various posts from others members threeads merged together too

 

dx

[markstone]

A BIG thank you to the "Brig" for all the work and template letters he has provided me on my ongoing case, things are progressing at a great rate, and hoping the latest letter the Brig has draughted for me, will finish my job of cleaning up my credit file for good.......great work Brig, very much appreciated!

[markstone]

Hi,

I had an unsecured loan about 7 years ago, that I fell behind on payments.

 

The bank issued a default on the loan just over 5 years ago.

 

The debt was then sold onto a DCA just over a year ago,

( the amount now stands at around £6,000 ) whom I agreed a payment plan with ( around £20 per month ).

 

I stopped these payments through other financial problems.

 

I understand that the default will fall off my credit file in 7 months time when it reaches the 6 year anniversary of the default,

but what I wanted to know, was,

 

as I live in Scotland, and the DCA is in England ( Capquest )

 

can they still issue a CCJ ?

 

Thank You in Advance

[fkofilee]

Scotland... The debt will disappear from your credit file but because you've made payments, it means it won't be statute barred.

[markstone]

Thanks for the reply!.

 

Yeh, I know it won"t be Stat Barred,

but I am planning to apply for a mortgage at the end of the year, and this is the only debt on my credit file, so

 

really wanted to know if the DCA could legaly issue a Court Judgment as I live in Scotland and the DCA is in England

( As I understood, they would have to use a court nearest to me )

 

I can start the monthly payments again to placate them,

but just wondered if they would go down the CCJ road if I did nothing and just ignored them.

 

Come September, my credit file will be completely clean,

and if they did go to court, this I obviously would want avoid at all cost.

[fkofilee]

Who's the DCA? Who is the original creditor?

[markstone]

The original creditor was Barclays Partner Finance ( Clydsdale Bank ) and the DCA is Capquest

[fkofilee]

Capquest? I would send a CCA request to see if they hold the paperwork.

[markstone]

Allready have, and they do hold the paper work

[fkofilee]

They may get litigious... However we don't condone debt avoidance here.

I'd pay it... However I would see if any PPI exists.

 

Also i would negotiate in writing a settlement. If they offer a discount... It might be something wrong with the debt.

[markstone]

They have already offered a £1500 discount

[fkofilee]

Something smells then... The other forum goers will explain better.

[markstone]

Mmmmm, I thought they might have been offering that discount as the debt is so old and is coming close to the default dropping off?

[markstone]

Seems strange Barclays never went down the litigation route in the first place? I just checked, and it seems I requested a SAR from the original creditor ( Barclays Partner Finance ) but have not requested one from Capquest the DCA, but I would be surprised if the paperwork was not passed on when they bought the debt?

Edited January 3, 2014 by markstone

[markstone]

I am faced with a problem with a DCA - Capquest.

 

The amount owed is £6100.00

( They bought the debt of £5650.00 from the original creditor, Barclays Partner Finance 30/08/2011 ) .

 

They say that my account is being processed for legal action.

 

I had previously entered into a payment plan of £20 per month,

but stopped, after wondering if they actually had the correct documentation on my file, and therefore, the right to enforce it.

 

I issued them with a SAR request,

( they confirmed my request, but said they may not have all of the information requested,

and that I would have to go back to the original creditor for the information )

 

When the SAR arrived,

all there was:

A letter from the original creditor ( Barclays Partner Finance ),

saying that the debt had been bought by them ( 30/08/2011 )

+ transcripts of conversations we have had discussing payment plans

& my offer of FF payment of £2500 ( which was rejected as being to low,

they said they the lowest they would accept was £4500 ).

 

There was no copy of the original signed credit agreement,

nor a copy of the original default notice.

 

I sent a SAR to the original creditor Barclays Partner Finance,

who were able to provide the original Credit Agreement ( 19/05/07 ) + Default notice ( 27/09/2008 )

 

So I just wanted your advice on where to take this next.

 

Is the ownness on the DCA to provide the original Credit Agreement

+ Original Default Notice ( which I would imagine they would need to take legal action ) ?

 

How likely is it that they will follow through with the threat of a CCJ in light of them being in England, and me living in Scotland

( they would therefore need to bring the action to my local Sheriffs Office )

and the fact they have not included the original Credit Agreement + Original Default Notice in the SAR

& have already offered a generous FF settlement ?

 

I realize the Default on my credit file will drop off in September this year,

rendering my credit files completely clean,

 

I don"t want to risk spoiling this, by acquiring a CCJ,

 

just need your advice on what to do next & in your opinion,

are they bluffing and trying their hand by scare tactics?

[rebel11]

Hi MS

 

It might be an idea to remove all your personal details from the letter. As a matter of urgency.

[markstone]

Thanks Rebel, have done!

[fkofilee]

Youve gone about this the wrong way... A SAR goes to the original creditor and a CCA Request goes to the DCA... You need to send a letter for a CCA Request and also a £1 postal order...

A SAR will not help with a DCA

[markstone]

Thanks for the advice, CCA is going to be sent, do they have to send me the original copy of the credit agreement, even if they need to get it from the original creditor? And they only have 14 days?

[unclebulgaria67]

Yes they could go to court to gain judgement against you. They would get hold of the agreement and default notice, when they needed it. They don't need to hold it on their files, before they issued a court claim.

 

They have 5 years basically from the date of your last £20 payment to them or admission in writing to owing the debt, to bring the court claim.

[markstone]

Thanks for the reply. So there is no point in sending a CCA to see if they come back with the credit agreement?

[unclebulgaria67]

Thanks for the reply. So there is no point in sending a CCA to see if they come back with the credit agreement?

 

You can if you want, particularly if you think a court claim is imminent.

[ims21]

Two threads merged. Please just keep to this one thread for this issue.

[ims21]

And another merged.

 

EDIT: And Another Grrrr!

 

EDIT AGAIN: And Another.

 

That's five threads started all for the same issue. Why?

Edited February 20, 2014 by ims21

[markstone]

And another merged.

 

EDIT: And Another Grrrr!

 

EDIT AGAIN: And Another.

 

That's five threads started all for the same issue. Why?

Sorry! Was unsure which was the correct forum