CAPQUEST adding interest on unenforceable Beneficial Credit Card debt?

[cfs_too]

Hi,

 

Many many years ago I opened a Beneficial Credit Card (a moisten and seal application) which later was sold to Marbles and then to Capquest.

 

From 2008 I made token payments to HFC (Beneficial) as I was struggling with my finances (due to disability etc).

 

Beneficial were not the most pleasant to deal with, defaulted the debt quite early and sold to Marbles.

 

Marbles were a pain in the ****, and refused to correspond in regards to the debt. I stopped token payments at this point.

 

Marbles did not contact me at all for the whole year they owned the debt, nor provided any statements (as the account was already defaulted) before selling on to Capquest.

 

Then I had the 'experience' from Capquest merry go round of harassment so

 

I CCA'd capquest as well as writing many formal complaints.

 

also SAR'd both Marbles and Capquest and received numerous 'constructed' documents. It was quite shocking.

 

In response to the CCA request, they were unable to attain a copy of my CCA, and stated they were trying to attain a copy from Marbles (good luck there!!).

 

I finally received a copy of the original app form (moisten and seal) dated in the late 90's.

 

Along with some Marbles T&C's which were never applicable as the account was defaulted long before Marbles purchased the account.

 

Capquest then stated they were 'waiting' for further information from Marbles in reference to the account, although not stating exactly what.

 

For the last 3 years I have heard nothing from Capquest, no statements, nothing further on my CCA request etc.

 

No arrears notices. Nothing.

 

However I have just looked at my CRA and they continue to add quite a bit of interest every month.

 

I thought that a DCA was only allowed to add interest if the T&C's permitted them too

- and as they have declined to provide any T&C's relating to when the account was defaulted

or anytime before then I do not believe this interest should be added.

 

I know I shouldn't really worry about this, my CRA is trashed anyway for another couple of years

but I have concerns that if they manage to take this to court then the balance is wrong by over £3000!

 

I dont feel as though I should contact them (sleeping dogs and that) but at the back of my mind this is wrong and I wonder if I should get the reporting stopped?

 

Any advice?

 

MT

[dx100uk]

what is the defaulted date in the debt summary?

 

dx

[cfs_too]

Hello Dx,

 

The default date is early 2009, as defaulted by HFC before selling to Marbles.

 

I think this is why Capquest provided a 'T&C' printed between 'Me_too and Marbles' dated September 2008, which is before Marbles even purchased the debt!

 

It's a little late to read the small print, to see if it allows them to add interest, but as it isn't valid anyway I don't think it really matters if it states if they can add interest.

 

I think I'm fairly confident that this is unenforceable, I seem to recall reading HFC shredded lots of their original documents.

The DN has failings, the CCA is a copy of a 'moisten and seal' application form and I haven't seen any T&C's which relate to the account upon opening or default. If it was enforceable I'm sure I would have been taken to court long before now.

I've just had a look through old statements and there are a few £12 late payments, but not many. Not enough to make a dent in the balance. Also very few PPI charges, as when these were all added to my account incorrectly I made sure they were cancelled straight away.

 

I can definitely vouch that companies added PPI on without permission in the late 90's and early 2000's as I working in the Loan industry and had PPI added when I have never taken it out!

 

But seeing the wrong balance has started me thinking......what if they do take me to court......not a good thing to worry about really. As I said I have a pile of 'we will take court action' letters from Capquest, none of which have ever been followed up.

 

 

Me_too

[dx100uk]

yea ai've had those on a +£7k debt for 1982!

 

you've got the right idea

 

just ignore them.

 

CQ dont do anything with HFC stuff.

 

its IND and TBI you have to watchout for.

 

shame the default is so late.

 

i'd have expected it to be earlier

hence the asking

 

dx

[Annie71]

If it's unenforceable does it really matter what they do.

[Annie71]

As it's bad , does it really matter what they do. If they ever tried to enforce not a hope.

[cfs_too]

Hi Dx and Annie,

 

Thanks for the reassurance.

I thought I should ignore and place to the back of my mind, I think I just needed a little convincing.

 

As always, thanks for the advice.

 

me_too