HELP! Capquest have sent me a Statutory Demand! Worried sick!

MRDOLLAR

how do i put document on here?

Jesthar

MRDOLLAR wrote: »

yes its just an application form! i will scan it and put it on here!
What steps to take guys?

We'll know more one the experts cast their beady eye over this supposed 'CCA' you have been sent...

~Jes

MRDOLLAR

it purely is the application form with all my info and earnings which i have signed and also dated and an person has also signed at bottom.

RAS

Does it specify the maximum credit limit, APR and repayment terms? and did they send the terms and conditions with it?

MRDOLLAR

it does not say anything about max cred limit apr or repayment terms.
no terms and conditions i need to move quicly got until 3rd september 2009 to get in touch.
please help guys

MRDOLLAR

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


Guys this is what they sent me..........im stuck now worried again not sure what to do!!

MRDOLLAR

obviously i have blanked out my details. As always any help or advice would be great

Jesthar

MRDOLLAR wrote: »

it does not say anything about max cred limit apr or repayment terms.
no terms and conditions i need to move quicly got until 3rd september 2009 to get in touch.
please help guys

Is that one page all they sent? If it doesn't have those details then I'm pretty sure it's not a valid CCA, but I'm get the local experts on the CCA request thread to give it the once over to be on the safe side.

MRDOLLAR

http://i941.photobucket.com/albums/ad255/MRDOLLAR/MrDollar.jpg

Can someone please help me ?? is this a legal CCA Agreement?? looks just like an application form to me?

what should i do as this so called CCA Agreement was late!!!
Capquest is making me ill!

MRDOLLAR

Account no xxxxxxxxxxxxxx


Re: my request under the Consumer Credit Act 1974

WHAT I SENT!!!

This account is in Dispute .

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.
In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the "1974 Act" sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553

The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--
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, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

Further more, since the prescribed terms referred to above do not appear within the agreement your client has supplied, the agreement is rendered totally unenforceable, as the prescribed terms must be contained within the agreement and not a separate document, case law confirms this opinion

I refer you to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

"[11] Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated
consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting the provisions of the two schedules the Judge said:


"33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which
are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the
minimum terms) are to be found in Schedule 1."


Therefore the prescribed terms cannot be contained within a separate document outside of the agreement

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection
The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

As it stands, the document supplied by your client is not a valid credit agreement nor is it enforceable by any court

What I Require

Firstly, I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to Trading Standards, the Financial ombudsman service and the Office of Fair Trading. In addition I may report your conduct to the Solicitors Regulation Authority and the Law Society

I would like to draw your attention to the fact that your clients do not hold a signed copy of a credit agreement containing the prescribed terms. Therefore the fact that they do not hold such document means that you cannot obtain an enforcement order in court. The case of Wilson-v-FCT sets this out as previously referred to above

However should you believe that you have grounds to enforce this agreement, please provide me with a signed copy of the credit agreement that you would consider relying upon? Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the agreement your clients have supplied as it stands is unenforceable, should you be unable to produce a compliant agreement it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages. I respectfully request a response to this letter in 14 days

I trust this out lines the situation