Cca Requests Updates Please

scarednshakin

They did not supply the CCA within the time so a 12+2 letter was sent to them 19 August. Then on 3 Sept got letter from CapQuest saying 'Please be advised that we are no longer acting for the above client. They have advised us that they are unable to provide a copy of the agreement for the above account and request that you contact their Complaints Dept if you wish to discuss this matter further.' Then got the letter from Cap1 asking for payment yesterday.

GeorgeUK

Hang on, it's getting a little muddled here.

You sent a CCA request to Capquest and then the 12+2 day letter to them - they are no longer chasing.
Did you send a CCA request and 12+2 day letter to Cap1?

scarednshakin

Sorry George, no all requests were sent to Cap1, does this help??

GeorgeUK

If Cap1 are the original creditor and you have sent them the SAR, CCA and 12+2 day letter, then the debt is in dispute and they cannot enforce it without supplying a properly executed CCA.

They are not allowed to pass the debt on to a 3rd party while the debt is in dispute so not sure why it was ever sent to Capquest.

It may be worth writing to them again to state that you are aware that they do not have an enforcable credit agreement for the account. If they still pursue you, you may need to write to trading standards.

scarednshakin

Thanks so much George will go and write them a letter. Will also go and look at what Collect Direct have sent out and get back to you (hopefully no to confuse you this time lol). Thanks again.

Weekend_warrior

GeorgeUK wrote: »

Weekend Warrior, so sorry to hear about your wife.

I would write one last letter as an official complaint and state exactly what you have been told and how you want the matter resolved. If they do not comply within 21 days, state that you will be notifying Trading Standards, OFT and the FOS. Then follow through with that threat - do not bother discussing this over the phone. Just keep sending the letters by recorded delivery.

Hi George uk,

Thanks for the response, I have already told them everything in my original complaint letter but they have since then stalled for more time.
I contacted the Banking Financial Ombusman who say's they will not get involved at this stage as the bank has to have an opertunity to try to resolve my complaint.
What I am wondering is may there be a legal issue here that they are taking advise on? and am I in the right to ask for this money back?
What do you think?
W.W.

scarednshakin

Hi GeorgeUK, I sent a CCA and a SAR request to Collect Direct and not EGG as they have been dealing with this for months. They sent back EGG agreement, think it looks ok but not sure, and the computer printouts which lists contact with me, there were a couple of £1 token payments also noted.

The agreement is 2 pages on the first it has Name, Address and then:-
‘Limits – we will tell you from time to time the approved limit we have set and, if different, the individual limit which you have chosen for the account.’

After that there is Interest and Credit Charges followed by Repayments.

On the second page there is a box at the bottom with my signature in it and then underneath it is signed on behalf of EGG digitally.

Collect Direct sent letter saying they had supplied everything required as they work on behalf of our client. Then in the same letter they said they were willing to take £1 token payments for the next 6 months.

Any help would be great, doing my best not to confuse you this time.

GeorgeUK

WW, if that money is yours, then you have a right to it. How long have the bank had to deal with this? If there's not been any movement after 3 months, then i would be writing an official complaint to the head office and writing a stroppy letter to the FOS asking exactly how long they should have to resolve a matter such as this as they were first notified on xx/xx/xxxx date.

SnS, If the agreement has:
Credit limit (or explanation of how this wil be calculated)
APR (and monthly interest)
Repayments (amount and date)
Then it may be a valid CCA.

Was looking for some extra info and came across this thread - might be worth a read if you have time. It seems that alot of Egg CCA's pre 2004/5 were arguably unenforcable.
http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html
(It got my head spinning after a couple of pages, but i'll blame that on the time).

hariboh

Weekend_warrior wrote: »

Hi hariboh,

I'm as confused as hell too about how the bank arrived at the overpayment figure of £2734.87 but at a guess it is probably down to intrest rates going up and down over the years, which mean't that each month there was probably a different amount left over from my £100 monthly payment.
W.W.

Hi WW, I was working out how long ur overpayment would pay the extra monthly payment, and at £20 per month you could pay it for 11 years...thats ludicrous its your money and you should be entitled to it back, your not even collecting the interest on it...they are though ??

Weekend_warrior

Hi all,
Further to my post yesterday (post3942), what really hacks me off is the fact that if I owed the Bank of Scotland £2734.87 how many threatening and abusive phone calls and letters would I have received since the date of my original letter of complaint to the bank .
If any of my dealings with my debts and dca's over the years is anything to go by I reckon at least 2 phone calls a day and at least 2 letters a week and that is just the banks recovery service in-house, the dca's would phone much more than that.
I ask myself why I don't call them 2-3 times a day just the same as they would harass me if I owed them this money, but I don't because I am not a low life.
Any advise on my problem would be appreciated. (SEE POST 3942)
I prefer to get advise on this site as I find more sense on this site than I would get
from the so called professionals.
W.W.