Cap Quest and Additions Debt.

barbiedoll

Yes, thanks FTW, I wasn't sure about the CCA stuff with catalogues.
The F&F...yes, I know they sell on the balance, given half a chance :mad:
I know there is a template or similar, somewhere on here with the correct wording, in order to prevent this. It may be an option for OP further down the line?

FTW

barbiedoll wrote: »

Yes, thanks FTW, I wasn't sure about the CCA stuff with catalogues.
The F&F...yes, I know they sell on the balance, given half a chance :mad:
I know there is a template or similar, somewhere on here with the correct wording, in order to prevent this. It may be an option for OP further down the line?

Possibly, but that would be up to the OP to handle it the way he/she thinks best. Personally though, I'd be cagey about it.

lisae03

Hi everyone. Just to simplify are you saying that if they cannot produce a credit agreement which my husband has signed they cannot legally enforce the debt? Does this go for all catalouges taken out before 2008? I am just wondering what they will come back with when they receive the letter, basically a slightly ammended print out of post 5? Well hopefully a statement of account at least which will show that the balance has at least doubled in a year. We could have cleared this long ago if they hadn't kept adding so much interest and charges. We really did try but there was just no talking to these people. What will be the next step if they continue to insist the whole balance must be paid? Also what is a CCA (SOMETHING CREDIT AGREEMENT?) and what is an FF? I'm not sure if its worth adding but a few years ago we did a statement of account for debters but none of the catalouges would listen unless we went through the citezens advice bereau - something I nagged my hubby about as only he could do it but he never got around do it and it has escalated.
I'm not really sure how to handle this but hope that if I keep the thread updated you could all use your exprience to help me?

fermi

CCA = Consumer Credit Agreement
FF = Full & Finals (as in settlement)

lisae03 wrote: »

Hi everyone. Just to simplify are you saying that if they cannot produce a credit agreement which my husband has signed they cannot legally enforce the debt? Does this go for all catalogues taken out before 2008?

Nor quite that simple, but.........

After you make the request and 12 days have elapsed, until they produce a copy agreement then they are not entitled to enforce the agreement through the courts. They don't have to produce an exact copy. However, if you never actually signed one, then they are not allowed to simply make one up.

Under a separate part of the same legislation that says the above ^^^^, unless an agreement was signed by you containing certain things (signature, interest rate, credit limit, repayment terms), then again they are not entitled to enforce if through the court. That is true whether or not you have made the request for the agreement outlined in previous posts.

lisae03 wrote: »

Does this go for all catalouges taken out before 2008?

All before April 2007 actually.

winner12

Hi Fermi
Should the account technically be in dispute then giving leverage for a very small F&F offer all in writing by the OP and if worded correctly the rest could not be sold on and the account closed

fermi

winner12 wrote: »

Hi Fermi
Should the account technically be in dispute then giving leverage for a very small F&F offer all in writing by the OP and if worded correctly the rest could not be sold on and the account closed

Certainly possible if CRAPquest can't stump up an agreement or have to admit that there never was one signed in the first place. Or even perhaps if it turns out that much of the debt is disputed collection charges.

Failure to supply a CCA isn't "technically" a dispute. According to the OFT anyway. They did say it was as one point in the past, but now seem to have backtracked. But that is another argument.

winner12

Thanks Fermi
So in that case what would you do (ie write) if they could not find a CCA in the 12 days should the OP just wait and see what happens knowing they could not go to court and Cr*pquest would have to refer back to the OC
What should she do if additions had sold the debt are they not allowed to do this anymore without a CCA
Most posters have kindly put up templates but how will that help if they dont respond and you cant put the account in dispute anymore
Will there account just go from DCA to DCA

fermi

winner12 wrote: »

So in that case what would you do (ie write) if they could not find a CCA in the 12 days should the OP just wait and see what happens knowing they could not go to court and Cr*pquest would have to refer back to the OC

Either wait or write back saying that they have defaulted on the request, pointing out the legal consequences of them not supplying the CCA.

winner12 wrote: »

What should she do if additions had sold the debt are they not allowed to do this anymore without a CCA

They can sell the debt on without a CCA. That doesn't mean that they can enforce it through the courts without one. BIG difference.

Latest position from the OFT: http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor:

• cannot:
  - make the debtor pay the debt before they're supposed to
  - get a court judgment against the debtor
  - take back anything hired or bought on credit, or take anything used as security in the agreement.
• can:
  - ask debtors to pay what they owe
  - send a default notice
  - pass information on to a credit reference agency
  - pass information on to a debt collector
  - sell the debt to someone else
  - take the case to court.

Not saying I necessarily agree with that, but at the moment if you tell someone that failing to comply with a CCA request means that the account can't be sold on, then you could be misleading them.

winner12 wrote: »

Will there account just go from DCA to DCA

Probably not much more often than they already do. The DCAs tended to ignore that before.

winner12

Thanks Fermi
For clearing up my points
Lisae03 I hope this clears up a few points for you too
I feel its what you do after the SAR or CCA thats important and what leverage it gives you for clearing it up once and for all
Good Luck

MortgageChallenge2011

Many catalogue companies are greedy for business and fail to chase up you sending back the signed credit agreement. I have successfully challenged Littlewoods, Marshall Ward and Shop Direct. I was initially sent a blank credit agreement stating this is what I would have signed now pay up. I wrote back to say don't think so and until you show my sig then not paying. Then get a letter back to say with regret account cleared and credit reference entries removed