Scottish Court Citation received - marlin on very old Egg debt

[mcg68]

Hi,

I have been trawling through these forums trying to find out what I can and can't do legally.

 

I have a debt of around 7k to Egg which has been in the hands of Capquest for around a year.

I started off paying them what I could afford which was £40 per month.

They then upped the payments to £48 per month which I went along with.

My Direct Debit on 28th July wasnt paid as I was skint and so I assumed they would try and take it again in a few days.

 

But I have now had a letter from HL Legal who are now demanding full settlement of this account within 7 days?

Not sure how they think I can pay £7k when they couldnt even get £48 out my account last week.

 

So I want to send them a CCA but as I have been paying this for some time

does this mean I have already acknowledged the debt or do I still have a case for doing this and what possible outcomes could there be realistically.

 

Thanks,

Mick:???:

[ScarletPimpernel]

You can, and should, send the CCA without delay.

 

Even if they have an enforceable agreement,

you should not pay these creatures more than you can afford.

 

The ultimate sanction open to them is to take you to court;

even if they won the court would only order affordable payments

which are likely to be less than you are paying now.

 

Capquest know this, and their silly letters (HL Legal sell these letters from their website)

are designed to scare you and get you to talk to them so they can bully you on the phone.

 

You should not, of course, speak to them in any circumstances.

[harrassed senior]

Had similar myself this week, letter containing all sorts of mights, could, etc. but as SP says, all hollow threats. My CCA only produced an Application which was only half of an A4 page andthey still insist it is a legal, multi page agreement!

 

Send the CCA asap.

[mcg68]

Thanks for the replies.

I dont know if Capquest have purchased this debt from Egg or chasing it on their behalf. However I am going to send the CCA request tomorrow and see what happens.

 

Can anyone confirm whether I am likely to have success going down this route as I have already made payments to Capquest and therefor acknowledged the debt? Does this make any difference when going down the CCA route?

 

Cheers

Mick

[lilly white]

please before you send for the CCA.

 

did you get a notice of assignment from EGG if you did not CAPQUEST MAY BE JUST ACTING ON BEHALF.

 

If they own the debt you may not want to acknowledge the assigment.

 

 

IF IT WAS ME I WOULD SAR EGG

[lilly white]

HAVE A READ IF NEEDED YOU JUST SAY NEVER RECEIVED IT PROVE IT.

 

 

Law Of Property - s136 Legal assignments of things in action

(1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

© the power to give a good discharge for the same without the concurrence of the assignor:

 

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice-

(a) that the assignment is disputed by the assignor or any person claiming under him; or

(b) of any other opposing or conflicting claims to such debt or thing in action;

he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925

[sam614]

makes no difference if capquest own it or they are acting on behalf of egg.

 

in both cases they will have to request that egg supplies your cca.

 

makes no difference if you have been paying or acknowledged the debt your can request your cca at any time.

 

send it off,see what if anything they come back with.

re read post 2 by SP.worst case a judge will not order £48 a month:mad:

 

would also suggest you cancel your DD if you already have not and make sure that your bank know that they do not have your permission to re instate it.

 

do not give them the option of trying to get another payment before they have to admit that your cca is lost in archives.

 

SAM

[mcg68]

Thanks a bunch Sam and Lilly.

I will post back when I get a response (or hopefully not) to the CCA request.

Cheers

Mick :-|

[mcg68]

Hi,

 

I wrote to Capquest asking for a copy of CCA for my Egg card on 3rd August, signed for by them on 4th August enclosing my £1 payment.

 

To date they have still to reply but they cashed the £1 cheque on 17th August which I find a bit strange.

 

Should I now write to them with the failure to comply letter or is the CCA likely to arrive when they took the quid nearly 2 weeks ago?

 

Thanks,

Mick

[lickthewallfatboy]

thy had 12+2 working days to comply

 

they are now in default,so tough titty for Capquest

[mcg68]

Can I sue them for my quid back? Can I get a DCA to pursue this for me and call them every night at 8pm and threaten them with big heavy guys coming to their door?

[lickthewallfatboy]

now now,don't descend to their level

[mcg68]

Seriously though. They cashed the cheque and didn't supply what was asked for so sureley this is wrong, moraly and legally?

I should ask for it back just to give them a bit of hassle.

[lickthewallfatboy]

let them keep it----it's an even bigger indictment of them should they try to play silly buggers with you later by denying they ever got the request in the first place

[debt4get]

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

PRINT NAME DO NOT SIGN

 

 

you can try this if you like

[Drexl Spivey]

Yes indeed , the record of the £1 on your account is indicative of the amount of time they have been procrastinating and negligent in their duties to supply you your documents to which you are legally entitled.

[mcg68]

Thanks Debt4get, have just got that letter from the forums and I am off down the Post Office to get me a stamp.

 

Cheers!

[Mrs E Blackadder]

Just a thought, but mind Capquest don't try to claim that the £1 is a payment towards your alledged debt! Or, perhaps it has gone towards their office Christmas party fund...

 

Oh, and um, it's a bank holiday so the Post Office will be shut. No point going to get your stamp today )

[mcg68]

Not a bank holiday in Scotland mate. Post office open and stamp bought.

On your other thought, the CCA request actually says "I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose."

 

I better get back to work seen as it its NOT a bank holiday in sunny Scotland. Enjoy your day off everyone (lucky sods!)

[Drexl Spivey]

If you send the cca request statutory amount as a postal order ,

then there is no way of determining that that postal order is related to your account ,

except by the accompanying letter .

 

To add the £1 to your account is knowledge thus expressed of reading your cca request and the account it refers too .

 

They cannot come back and say ' what letter ?' ,

you would then say,

how did you know what account to credit it towards ?

Thus it is proof they have received the letter and are knowledgeable of it's contents .

[angry cat]

Note that, the statutory fee payable for a s77/78 CCA Request, is a statutory fee.

Said monies should not be used for any other purpose.

 

I believe that, the OFT are of this opinion.

 

Report them to the OFT!

 

AC

[Drexl Spivey]

It doesn't matter what they do with it . Credit your account or go buy a bag of chips with it . You have paid the statutory fee as stipulated .

 

If it is a concern then you would use the theft amendment act :

 

Dishonestly retaining a wrongful credit :

 

24A. - (1) A person is guilty of an offence if-

 

(a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

(b) he knows or believes that the credit is wrongful; and

© he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

Edited August 31, 2009 by Drexl Spivey

[angry cat]

At the end of the day;

if one has been wise enough to mark the payment as;

CCA Statutory Fee Only and;

kept copies of the payment plus letter,

that is ones defence!

 

AC

[mcg68]

I requested a CCA from Capquest relating to an Egg card and then sent them the Failed to comply - Account in Dispute letter after not hearing anything for 3 weeks.

 

I got a letter from them today saying that they are no longer dealing with the account and have passed it back to Egg.

 

What does this mean? Will Egg just pass it to another DCA and we start the process again or will Egg now chase me themselves. Does it ever just go away?

 

What should I expect?

Cheers

Mick:-?

[Deb T]

Had you paid Capquest anything previously?