Capquest debt recovery letter...

Adz1000

Thanks Rayday2, she does have internet banking and is always checking it, so fingers crossed everything will be ok in that way.

I will send the letter off on monday morning then, the envelope actually had a stamp on it dated 30/08/07, so maybe the post really was that slow! Oh well, like you say, no harm to send a letter telling them

Adz1000

Hi again

My gf has just recieved a letter today (dated 04 oct but strikes seemed to have delayed that)

It basically says that she needs to start paying back the money now as they have enclosed the form we requested and she needs to send payment to them straight away.

I have one question about that though, and it is, should she ring them and tell them that a recorded letter will be on the way, but will be delayed because of the strikes as it says if they do not recieve payment by 13 oct further action will commence?

Also, what should go in the letter as it says;

CapQuest have the facility to set up direct debit mandates (min payment £5) and you would therefore be required to telephone the above number and have your bank account details available.

If your bank does not offer a DD facility and you wish to pay by bank giro or standing order, below are out bank details.

Direct debit seems to be a bad thing to do with these guys so standing order would be a good idea as she can set it up online. Would the above just mean she can pay £5 a month, until it pays off, and she can pay extra into it when and if she can?

Thanks guys and girls

RAS

ADZ

I may be missing something, but you asked for the CCA on September 16.

have crapquest produced it?

Otherwise there is no way that you should be remotely even contemplating paying them a brass farthing.

If you did not recieve the CCA before now as the 12 working days +2 is up, crapquest can only enfoce this debt if they go to court to get permission.

Adz1000

The letter was dated the 4th oct, but I believe it is because of the strikes that it has taken such a long time to arrive here.The CCA has been attatched to this letter too.

To be honest, I don't think she really wants to go all the way to court with it unfortunatly. What do you reckon should happen now?

The way the letter was written (about the £5 min payment) it sounds like they are happy with that as a monthly payment, but I may be wrong?

I really am not all that clued up with these kind of things (which is why I came here for her ) as I have never let this kind of this happen to me.

Thanks for your reply

RAS

Hi

Can you type out the content of the CCA or scan it and insert it. Get our resident experts weller711 to have a look or dragonlady (pm them). Both will tell you if it is a real CCA or an application form that has been signed.

And yes, if it is a real CCA, then they should accept a fiver a month if that is what she can afford. If she is on benefits £1 a month would be acceptable legally even if they do not like it. Set it up as a standing order, not a DD.

By the way, it is not her who has to go to court, it is them. Again you need more advice from the experts. And they certainly cant pursue her if she does not respond by the 13th, as you are already being lenient allowing them the postal time.

RAS

here is a previous post by weller


A true executed CCA has to have the following information in it:

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)
PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE
CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

**What do we mean by unenforceable?
In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.
Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?
When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.
When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

The Prescribed Terms are these

A Amount of credit
A term stating the amount of credit

B Repayments
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-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) 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.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

---

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
• The money can only be used for the purpose it is given.
• There is no interest on the purchase (the cash price is the same as the total price)
• And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement
A conventional credit agreement with none of the above restrictions

A and B apply

For a Hire Agreement

B is Applicable

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.
Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.


So I would guess that if it is an application form, then it wont state the credit limit, therefore not enforceable.

Adz1000

Thank you for that great post!

Unfortunatly I haven't got a scanner but I will do my best to state everything on both sheets they have provided.

1st page: Your Application for the argos card,

Has 3 cards and has a tick next to 'Blue card' which I guess she went for. The employers name and proof of ID/reference is under that. Then it states her 'about you' - name address, previous address and telephone number. There is a direct debit section, left blank, about your employment - blank, additional cards - blank.

2nd page: Agreement,

Top section had a bit that says, 'This is an agreement between ARG card services and you'. Hardly readable, but I can see her first name, thats all. Then under its has the key financial agreements/other financial agreements. Then at the bottom, her signature and date.

I *may* be able to scan it in at work tomorrow as I believe we have a fax/scanner machine, but unsure if you can hook a PC/laptop up to it.

As long as the above sounds ok, does it sound unenforcable then as it doesn't seem to mention anything other than it just being a standard application form?

I am just a bit confused as to what the next step should be for her (challenge again, court (for them as you say), or just pay)

Thanks again though, you have been a great help here!

RAS

Adz1000 wrote: »

1st page: Your Application for the argos card,

2nd page: Agreement,

Top section had a bit that says, 'This is an agreement between ARG card services and you'. Hardly readable, but I can see her first name, thats all. Then under its has the key financial agreements/other financial agreements. Then at the bottom, her signature and date.

As long as the above sounds ok, does it sound unenforcable then as it doesn't seem to mention anything other than it just being a standard application form?

The key stuff is the bit in bold.

Does it make any mention of the Consumer Credit Act?

Adz1000

It's a bit of a pain to read, but, in those sections, just mainly talks about interest, how the card works, different plans etc.

At the bottom though, where it asked her to sign, it says;

This is a Credit Agreement regulated by the Consumer Credit Act 1974, Sign it only if you want to be legally bound by its terms.

It also has a bit mentioning it under; 'Important - Read this carefully to find out about your rights'

The consumer credict act 1974 lays down certain requirements for your protection hich should have been *something* with when this agreement was made. If they were nt, we cannot enforce this agreement without getting a court order.

This act also gives you a number of rights;
1) You can settle this agreemnet at any time by giving notice in writing and paying off the *somthing* under the agreement
2) If you recieved unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue? the supplier, or us both.
3) If the contract i not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us. If you wiould like to know more about your rights under the act, contact CAB

Didn't know if you needed all that, but want to be as specific as I can for you

Adz1000

^ Bump, what should I do about this now mate?