Capquest chasing 2nd Cap1 card debt

[Rayn2036]

Received CCA from Capquest. Can someone please advise if this is enforceable?

 

Thanks

Edited November 11, 2013 by Rayn2036

[SWLABR9]

You forgot to tippex your name off the T&C so you should do that and repost it. Was that all you got, by the way?

[Rayn2036]

You forgot to tippex your name off the T&C so you should do that and repost it. Was that all you got, by the way?

Sorry, I will upload it again later.

[dx100uk]

you've already got a thread running on this debt?

 

and we already know its crap

 

this is the robbers way one?

 

dx

[SWLABR9]

Can I just pop up again here and

 

ask for clarification of what's meant by a statement of account?

 

Is it sufficent for them to say 'amount due and payable is £XXX'

 

or do they have to provide a breakdown along the lines of bank statements

 

showing expenditures and payments to illustrate how the figure of £XXX is arrived at?

[dx100uk]

just a basic figure sadly

 

though ideally it should be more than bare details

 

and should be on a separate sheet

 

entitled 'statement of account.

 

dx

[Rayn2036]

Hi DX, this debt is completely different. This debt is of cap1 but it's with Capquest. They sent me CCA with copy of original application form with T&Cs. Will post scanned copy little later today.

[SWLABR9]

Hmmm... all I've got here is one included as a paragraph in a letter, the relevant portion of which says Statement of Account; your account is in default and the amount currently due and payable is £XXXX.XX. Mind, it's part of what they say themselves is a recon and concerns an account started in 2000... anyway, enough thread-hogging

[Desperate Daniella]

Have you got a thread on your Capital One situation?

[SWLABR9]

I have not yet DD, though I may well in the future.

 

I'm taking a leaf from your book and reading loads, popping in and out meanwhile to seek clarification.

 

I'm trying to educate myself, not just get out of trouble.

 

The mists are indeed clearing but I must say it doesn't happen overnight.

 

I'm glad you're still around as you seem to be the Go-To Girl for Cap One

[Rayn2036]

Hi All,

 

I have now uploaded two files. OC - CAP1 on both the debt.

 

DCA - Robber Way and Capquest.

 

Please advise if any of these debt are enforceable.

 

Robbers Way just supplied a copy of signature box.

 

Capquest supplied copy of original application form with reconstituted current PT's and T&C's from default

 

DX, Brig and all others, I really appreciate your suggestions on what to do next.

Edited November 13, 2013 by Rayn2036

[Desperate Daniella]

I have not yet DD, though I may well in the future.

 

I'm taking a leaf from your book and reading loads, popping in and out meanwhile to seek clarification.

 

I'm trying to educate myself, not just get out of trouble.

 

The mists are indeed clearing but I must say it doesn't happen overnight.

 

I'm glad you're still around as you seem to be the Go-To Girl for Cap One

 

You are doing absolutely the right thing. Well done. It took me many months before things started to click.

 

Your saying I'm the Go-To Girl for CapOne really made me laugh. I did see them off though, and Lowells whom they sold it to gave up and wrote it off.

 

Let me know if you do start a CapOne thread and I'll have a look. You have to threaten them before they start any action against you.

[Rayn2036]

Hi DD, any suggestion for me? I am quite desperately to get rid of Robbers way and Capquest, both CAP 1 debt and been paying them token payment for last 11 years.

[Desperate Daniella]

Hi Rayn,

 

Neither are enforceable.

 

The first one (Capquest) doesn't show any connection between the pages. Is that all they sent? You'll see on the first page that there is a reference to Clause 23 overleaf but of course that is not there.

 

The signature page doesn't show the Prescribed Terms at all and I can't see any reference to them anywhere in what they have sent you.

 

The second one (RW) is all I ever received from CapOne. It is an absolute joke. It refers to the full page agreement so where is the rest of it? I truly believe they can't/won't supply it because they know that it doesn't contain the Prescribed Terms.

 

Both alleged signature boxes are completely different in any case.

 

I would write to Capquest saying that there is nothing to connect the application form with the T&Cs they have provided, and also that the credit agreement does not contain the Prescribed Terms as required in the Regulations of the Consumer Credit Act 1974.

 

I would also point out that you have previously received another alleged signature box from Capital One/RW and ask them to explain the discrepancies between the two.

 

See what they come back with and if necessary you can start really attacking them.

 

DD

[Desperate Daniella]

And I really wouldn't pay them any more because they have failed to produce the agreement and you now have every right to stop payments.

[Desperate Daniella]

Also say,

 

I would remind you that you have an obligation under the Consumer Protection from Unfair Trading Regulations (CPUTR 2008) to confirm in writing whether or not you or Capital One hold or have ever held a properly executed Consumer Credit Agreement pertaining to myself. You are equally obliged to let me know if no such agreement exists.

[Rayn2036]

Hi Rayn,

 

The first one (Capquest) doesn't show any connection between the pages. Is that all they sent? You'll see on the first page that there is a reference to Clause 23 overleaf but of course that is not there.

 

The signature page doesn't show the Prescribed Terms at all and I can't see any reference to them anywhere in what they have sent you.

Sorry, I should have posted all the pages, there are few other pages too. I will post it later today.

 

The second one (RW) is all I ever received from CapOne. It is an absolute joke. It refers to the full page agreement so where is the rest of it? I truly believe they can't/won't supply it because they know that it doesn't contain the Prescribed Terms.

I know, this is an absolute joke.

 

Both alleged signature boxes are completely different in any case.

They were applied at space of 13 months, hence may be different.

[dx100uk]

I refer you to post 15

 

dx

[Rayn2036]

Thanks DX, I have already stopped payment to RW, now it's to do with Capquest, I will post full T&Cs they have sent later on today for further advise.

[Desperate Daniella]

I'm confused. Sorry if I've missed something when I read through the thread.

 

Did you apply twice? Or did you have two cards?

 

(I'm probably being dopey!)

[Rayn2036]

They are two different cards, Current DCAs - Robbers Way and Capquest.

[SWLABR9]

I might piggyback here and ask Rayne2036 if, as well as there being no obvious connection between the pages, I'm right in suspecting that the T&Cs supplied are spread across several loose pages which are neither bound nor numbered.

[Rayn2036]

Please find all copies received from Capquest. It has copies of current agreement and default agreement. I had to merge 4 copies to reduce file size. Terms & Conditions are spread over several pages with no reference or page number.

 

Please advise if this is enforceable. If not, I would like to know the reason so I can write back to Capquest.

 

Edit: Application form now added.

 

Thank you.

Edited November 13, 2013 by Rayn2036

[fletch70]

I can not see much. Some of it is blank.

[Rayn2036]

Yup two blank pages, all it says is default agreement and account number in one and, Original agreement and account number on the other. If you also look account number on the agreement and 16 digit number on application number do not match.