Can anyone help me ?? Capquest/H.L Legal Solicitors im at the end of the road!

MRDOLLAR · 24 May 2010 at 7:20PM

Hi guys and gals im really hoping you or someone can help me!
My Debt story is only with Capquest and i have followed many peoples advice on here. Capquest Keep coming back though! They are making me ill. HERES A BRIEF HISTORY!
Hope someone can give me some advice and info many
thanks

23/07/09 - I recieved a Stat Demand letter
25/07/09 I then sent Capquest a CCA
27/08/09 Recieved a letter asking for payment and also a photo copy of Credit Card application form signed by me.
http://s941.photobucket.com/albums/ad255/MRDOLLAR/
01/09/09 I then sent an account is in dispute letter as application form did not say on page
1.Number of repayments;
2.Amount of repayments;
3.Frequency and timing of repayments;
4.Dates of repayments;
5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974.

30/04/10 Capquest sent me yet again photocopy Application form and some terms and condtions on seperate bit of paper which i have never seen.

24/05/10 and now the letter below ::::

Dear XXXXX

In the matter Capquest Investments Limited V XXXXX
Re: Halifax Plc
Balance £2200.00

This Firm acts for Capquest Debt recovery Limited, who are agents for capquest investments Limited.
You have entered into an arrangement to repay this debt, which you have failed to honour, the last being on 09 Jan 09 for the amount of £95.00.

Take notice: If you fail to repay the arrears on the arrangment you have made of £1168.00 by 29th May 2010, or make contact with our client on the number shown above. Your case will be prepared for litligation for the full outstanding balance of £2200.00.

Legal Procedings will incur the following costs:

Balance of account £2200.00
Court Costs £75.00
Solicitors Costs £80.00

Total £2355.00

Interest will also be added accuring on a daily basis.

To avoid this action you must make a payment without delay by contacting the Capquest Debt administration Office on 0871 527 0327
calls charged at 10p per minute from a land line by 29 may 10.

How to pay
Debit or credit card (a 2% charge will be made on all credit card payments)
Cheque or postal order sent to Capquest debt administration office p.o box 396, fleet, hampshire, GU51 2WZ made payable to Capquest investments limited with your case number written clearly on the reverse to ensure prompt administration of payment.

Yours Faithfully
H Legal

http://s941.photobucket.com/albums/ad255/MRDOLLAR/

RAS · 24 May 2010 at 7:28PM

Ok

Let's ignore the Statuatory Demand as this is now out of time.

I cannot rwead the scan but can you pm never in doubt as he is better up than I am.

if the CCa is definately dud, you need to make a formal complaint to crapquest and then to the OFt etc.

MRDOLLAR · 24 May 2010 at 7:38PM

Im so sure its dud...its merly an application form.
Im not very good at creative writing letters any ideas how to make a complaint or go from here?

handyman123_2 · 24 May 2010 at 11:18PM

Hi MR DOLLAR, dont be panicked. Have you talked to Never-in-Doubt yet? He will tell you if they have any grounds. If you have looked into Crapquests history, HL legal are the pet rent-a-threat. Not sure if they are wholly owned by, or just in it up to there necks with Crapquest.

Keep us posted as to how you get on?

Best wishes, handyman123.

GeorgeUK · 25 May 2010 at 12:32AM

That is an application form - not a credit agreement.
As you say, ther are certain terms missing from the document that are required by law to be ther for it to be properly executed and therefore enforcable.

Send a letter to H Legal stating that the account is in dispute and that Capquest have not complied with your s.77/78 request under the Consumer Credit Act 1974.
http://forums.moneysavingexpert.com/showpost.html?p=11636233&postcount=5

MRDOLLAR · 26 May 2010 at 6:47PM

thanks so much for advice i will get typing with in dispute letter/template.
What is then likely to happen?
This is dragging on and on.
What would happen if i have to go to court?
Now im getting stressed out again...........i could lose my job next month so i will defo have no monies!!
thanks again guys and gals! your awesome

GeorgeUK · 29 May 2010 at 1:57AM

I don't get to the boards as often as i used to, so if you get stuck it would be best to look for one if Niddy's threads on CCA requests. (never-in-doubt)

You have made a request for a copy of a properly executed credit agreement.
They have supplied a copy of an application form.
If they were to take this to court, your defence would be that this is not a properly enforced agreement and under section 127 of the CCA74, the court should not enforce the debt.

They would be stupid to take you to court. They know how to do their job and won't have a leg to stand on. They are hoping you are not aware of this.

never-in-doubt · 7 June 2010 at 11:03AM

Time to finish with these monkeys once and for all - just send the following template and then ignore them - they cannot do anything until they respond with a complaint and lawful CCA - Refusal by Lender/DCA - to accept Unenforceability

Sorted.

Can anyone help me ?? Capquest/H.L Legal Solicitors im at the end of the road!

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