Capquest chasing 2nd Cap1 card debt

[Rayn2036]

Received application form with T & C's. Please see attached.

[BRIGADIER2JCS]

Looks compliant to me, many of the early Capone cards were issued on a dual purpose application/agreement form such as this.

[dx100uk]

01 FEB 2008!

 

toilet paper

[SWLABR9]

You're saying that's enforceable Brig? What year's it from (I confess I've lost track)? I'd have said since the T&Cs are separate and distinct from the signed application form and they aren't signed themselves there's nothing to suggest there's any connection between them.

[BRIGADIER2JCS]

Looking at it I can say I have seen such a document accepted and judgement enforced a number of times, a "document" is not necessarily one page it may be constituted of many which form the complete document.

[SWLABR9]

DX why does that date make it toilet paper? Brig, are you talking about pre or post 2007? There was the watershed around that time I think where if it's earlier you need an original copy not a put-together one for enforcement, that's the date I'm thinking of. I have one like the above from the year 2000 myself and Crap1 don't seem in any big hurry to go anywhere near court with it.

[BRIGADIER2JCS]

Agreements signed prior to April 2007 fall outside the regulations that came in to force at that time.

To seek enforcement of a debt arising from a pre April 2007 the claimant will need a proper copy of the original properly executed agreement.

[SWLABR9]

I thankyou Brig. DX? Why does that date make it loo roll?

[dx100uk]

as you've pointed out

 

that's a very old mailmerge letter

 

looking through my records

 

the first time I saw one like that was 1998!

 

out of 14 'debts' that I know that have had that template

 

only 1 ever had court papers issued

 

even then it was sold on by crapest and it was IND and restons that tried and lost

 

the debt was SB'd

 

the OP had sent an sar to crapest by mistake, of which, they used it for payment against the debt!

 

so it was SB'd, judge agreed.

 

dx

[dx100uk]

the other thing

 

just because you have been spoofed by them through eurodebt

for the last xxyrs, does mean the CCA is enforceable

 

dx

[fletch70]

Agreements signed prior to April 2007 fall outside the regulations that came in to force at that time.

To seek enforcement of a debt arising from a pre April 2007 the claimant will need a proper copy of the original properly executed agreement.

Sorry Brig but not true. The claimant needs to show on balance that a compliant agreement containing all the PTs would have been signed. However in this case i sold statement by rayn that the terms and conditions were not there would probably do.

As you will no doubt try to disagree i refer you to arrow global v frost. A persuasive if not binding judgement.

 

As DX says it would be very difficult for capquest to win. Too many questions.

[dx100uk]

unlocked

 

dx

 

[Rayn2036]

Thanks DX.

 

this debt is about to SB hence they have now woken up.

 

Today received PAP letter from Drydens Solicitor despite me writing to them (last week) that this debt is in dispute due to not having enforceable agreement. They ignored my letter and issued the PAP. Should I fill my income and expenditure and send it or should I only tick the box “this debt in dispute section” and send it back?

 

your help is appreciated as always. Thanks 

[dx100uk]

who taught you to blindly reply to threat-o-grams inviting pointless letter tennis??

not us!!

 

let me read the thread and get upto speed.

 

dx

 

[Rayn2036]

I know, but I panic When I see “Solicitor” on the letter head. 

[dx100uk]

when was your last payment?

when was the debt defaulted?

 

dx

 

[Rayn2036]

Last payment (token payment) was in November 2013, defaulted in 2003. 

[dx100uk]

ok 

the CCA return docs are no longer here

can you wack them all up to one multipage PDF?

read upload

 

 

[Rayn2036]

Hi Dx

 

all the files are on my PC which I don’t have access to.  See if you can access from this DropBox link. Else I will have to upload the documents tomorrow.

 

 

Cap1_CCA_received_CQ.pdf

[dx100uk]

ok about time they had a new one.

 

follow this 

and use the card CCA reply and the blank form attached to that post.

 

 

they say last payment was july 2013?

so you paid after their letter above ??

 

dx

 

[Rayn2036]

Thank you DX, I will follow that thread.

 

First CCA request sent 27 August 2013, so July probably could be last payment as they stop collection once they receive CCA request. I cancelled eurodebt around sept/October time so I haven’t paid anything since I cancelled Eurodebt. By the time they sent the final response, payment must have been already cancelled. 

 

Can I play SB card? Or shall I just reply as per your advise/thread and then argue SB if they pursue with court claim?

[dx100uk]

play along cant be far away if not already