Bullying tactics in the past?

[Never-In-Doubt]

Re: Bullying tactics in the past?

totally unenforceable, the application aint the same one that came with those terms - to check , look at the terms - there's a part to sign etc - this was a full flyer type application set of terms, not what you had or you'd have signed them.

Response here: ---> asm76's UE Diary - allaboutFORUMS

[asm76]

Re: Bullying tactics in the past?

B. E. A. Utiful!

For any replies, UE diary here: asm76's UE Diary - allaboutFORUMS

[Never-In-Doubt]

Re: Bullying tactics in the past?

Right, I have had a massive envelope back from Capquest.

For starters, the envelope was ripped open and the contents were in plain view for anyone who handled it to see.

Contained within said ripped envelope is a letter outlining what they've enclosed and the outstanding debt.

The next sheet is an "Express Application" with my signature on it (AMEX). The reverse is blank. No prescribed terms. Dated 11/07/2003.

Then there are 2 A4 sheets with a CCA (double sided printing so 4 sides of A4), this is has a box for the debtor to sign. This is blank.

Other than that there is a stack of statements dating back to 2005.

I don't have a scanner so I am in the process of photographing (HD camera) each sheet to give you an idea of what they've sent and I will email them to Niddy.

totally unenforceable, the application aint the same one that came with those terms - to check , look at the terms - there's a part to sign etc - this was a full flyer type application set of terms, not what you had or you'd have signed them.

[asm76]

Re: Bullying tactics in the past?

Right, I have had a massive envelope back from Capquest.

For starters, the envelope was ripped open and the contents were in plain view for anyone who handled it to see.

Contained within said ripped envelope is a letter outlining what they've enclosed and the outstanding debt.

The next sheet is an "Express Application" with my signature on it (AMEX). The reverse is blank. No prescribed terms. Dated 11/07/2003.

Then there are 2 A4 sheets with a CCA (double sided printing so 4 sides of A4), this is has a box for the debtor to sign. This is blank.

Other than that there is a stack of statements dating back to 2005.

I don't have a scanner so I am in the process of photographing (HD camera) each sheet to give you an idea of what they've sent and I will email them to Niddy.

[asm76]

Re: Bullying tactics in the past?

Still all quiet on the western front!

[asm76]

Re: Bullying tactics in the past?

Crapquest wrote back saying my account was on hold for 28 days while they find the information I have requested.

Well, 28 days is up

[vossy]

Re: Bullying tactics in the past?

No. If you paid the DCA then it would be last payment received by the DCA that would be the start of the limitation period.

The easiest way to describe SB is 6yrs + a month after the date you first missed a payment.

So if you paid a debt until March 2004 it'd be SB in April 2010 however if you paid even £1 to a DCA (lets say in Dec 2009) it'd be SB 6 yrs from that date meaning in this example the SB date would be Jan 2015.

Make sense?

Yes, thank you NID.

.

[Never-In-Doubt]

Re: Bullying tactics in the past?

I can hardly wait for the next episode, I have about 5 debts with DCA's coming up to the 6 years very very soon, and one is with the aforementioned crapquest.

.

see this - I pulled their plonker long enough to drag it through the limitation period

Muppets fell for it hook, line & sinker

---> Niddy v CapQuest - allaboutFORUMS

[asm76]

Re: Bullying tactics in the past?

It matters not whether you pay the OC or the DCA.

It's SB 6 years from the date you last made payment. Simples.

[Never-In-Doubt]

Re: Bullying tactics in the past?

So the last payment must be to the OC over 6 years ago and NOT the DCA, whether payments are made or not since? As long as the payments are not to the OC? Is this correct?

No. If you paid the DCA then it would be last payment received by the DCA that would be the start of the limitation period.

The easiest way to describe SB is 6yrs + a month after the date you first missed a payment.

So if you paid a debt until March 2004 it'd be SB in April 2010 however if you paid even £1 to a DCA (lets say in Dec 2009) it'd be SB 6 yrs from that date meaning in this example the SB date would be Jan 2015.

Make sense?

[vossy]

Re: Bullying tactics in the past?

Debt started in 2003. Stopped paying the OC around Jul 2005. Crapquest started hounding me in 2009 which is when I started paying again.

So the last payment must be to the OC over 6 years ago and NOT the DCA, whether payments are made or not since? As long as the payments are not to the OC? Is this correct?

[vossy]

Re: Bullying tactics in the past?

I'd have been on it like a tramp on chips!!

[asm76]

Re: Bullying tactics in the past?

I've already looked at it that way. If that was the case I'd have been on it like a tramp on chips!!

[CleverClogs (RIP)]

Re: Bullying tactics in the past?

That's a pity - I was hoping it might have become SB before CrapQuest got their paws on it.

[asm76]

Re: Bullying tactics in the past?

Debt started in 2003. Stopped paying the OC around Jul 2005. Crapquest started hounding me in 2009 which is when I started paying again.