Capquest & 1st Credit - Agreements

[trodat]

Right,

I have put this on another forum but keen to get as much help as possible.

I have on my Credit Profile 3 x defaults:-

1 x Mobile Phone (T-Mobile - Capquest)

1 x Credit Card (Halifax - iQo, however iQor say this has been passed back to Halifax).

They are all dated end of 2008 as defaulted so due off in 2014.

I had agreements in place with Capquest and 1st Credit to pay a sum over a term of 48 months. I now have a small lump sum of money and offered to pay the remainder of the moneies owed based on the 48 month agreement, however they are now saying they didn't accept the term just the amount of money I would pay per month. They wont the initial balance minus the 33 payments I have made.

What can I do here - as I don't want to carry on paying the monthly sum for EVER! But likewise I don't want this hanging over my head. I was out of the UK when all of these were put on my account so chasing my tail a little. I would like to get these paid and settled with what money I have now so I can carry on with my financial future....

Appreciate your help :-)

[Deepie]

Re: Capquest & 1st Credit - Agreements

What year did you take the Credit cards out ?

[trodat]

Re: Capquest & 1st Credit - Agreements

Hi Trodat and welcome to AAD

You mention 3 defaults but listed only 2 debts. Would be useful if you could provide a little more information including the amounts you owe and when the accounts were opened in this format:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

1) Credit Card
-02/09/2007
-£4,046
-04/2008
-Arrangement (monthly payments)
-Default 27/11/2008
-1st Credit (Finance) Ltd

2) Credit Card
-21/07/2006
-£4,100
-06/2008
-No Arrangement
-Default 22/12/2008
-Halifax

3) Credit Card
-03/08/2006
-£2,280
-06/2008
-Arrangement (Monthly payments)
-Default 29/11/2008
-Capquest

4) Mobile Phone
-08/01/2008
-£741
-05/2008
-No Arrangement
-Default 25/06/2008
-Capquest

Hope that is the correct info?

[trodat]

Re: Capquest & 1st Credit - Agreements

Thanks for the info. Is it all correct, do you really owe £7411 on a MOBILE PHONE?

The CC owned by 1st Credit, if taken out in Sept 2007 wouldn't fall under UE and neither would the mobile debt as service contract don't fall under the CCA.

The two CCs from 2006 could turn out to be UE so if it was me I'd be firing off CCA requests for those two. CCA request here ---> Our Templates | Unenforceability Templates | CCA Request

The letter should be sent recorded delivery with a PO for £1 and signed digitally using a computer font (italics) not your real signature. Once you get the responses you send them to Niddy our CCA Guru for his expert verdict and a suggested course of action.

Niddy also has a very good track record with 1st Credit...

Sorry that should read £741!!

Sorry to sound stupid but what is UE? And what course of action would you take with the two that were taken out in 2007 1 x CC and 1 x Mobile = Final settlement letter maybe?

[trodat]

Re: Capquest & 1st Credit - Agreements

Is sending a cheque OK?

[trodat]

Re: Capquest & 1st Credit - Agreements

Sorry one more thing! I am currently paying for the 2 x CC's that I am requesting a CCA for, is this OK?

Thanks

[Deepie]

Re: Capquest & 1st Credit - Agreements

Is sending a cheque OK?

Sorry one more thing! I am currently paying for the 2 x CC's that I am requesting a CCA for, is this OK?

Thanks

1 cheque per CCA request....

[trodat]

Re: Capquest & 1st Credit - Agreements

CCA Letters done and sent.... used PO instead in case they copy my signature from my cheque (god does it really come to this).....

Thanks for your help, as soon as I get a reply I will be in touch....

However if they dont reply in the allocated 14 days what do I do then?

Wept if you can walk me through this then ANYONE CAN DO IT ha

[trodat]

Re: Capquest & 1st Credit - Agreements

You are entitled to request a CCA whether you are paying or not - as long a you haven't got a CCJ on that account. Should any turn out to be unenforceable then that could change as debts don't go Statute Barred while they are being paid.

Good GOD what does that mean

[Deepie]

Re: Capquest & 1st Credit - Agreements

What is statute barred debt?

Statute barred debt is debt which in certain circumstances becomes unenforceable in court. The piece of legislation which sets out these circumstances is the Limitations Act 1980. So when a creditor comes chasing you for an old debt you can use the following information to access whether or not your debt is time barred.
How long can a creditor chase a debt?

This is dependent on the type of debt you have. The most common form of debt which people ask about in our forum is unsecured debts eg credit cards, personal loans, store cards, catalogues, bank loans, finance company loans etc. The Limitations Act 1980 states that when the following conditions are met then the debt cannot be pursue through the courts.

The conditions are:-

• That the creditor has not taken court action against you, eg CCJ, AND
• You have not made any payments on the debt over the last 6 years,AND
• During the years, you haven't written to the creditor acknowledging that owe them money.

As you can see all three conditions must be met in order for the debt to be "time barred". So the answer to the above question is 6 years.

[Never-In-Doubt]

Re: Capquest & 1st Credit - Agreements

Hi

Can I ask/clarify a few points;

1. Did you have ppi on anything?
2. Send a cca to all consumer credit accounts including post 04/07 accounts
3. Don't contact or pay any of the above from now on
4. How much do you have to "negotiate" with; ie the amount you have to use as f&f?

Thanks

[trodat]

Re: Capquest & 1st Credit - Agreements

Hi

Can I ask/clarify a few points;

1. Did you have ppi on anything?
2. Send a cca to all consumer credit accounts including post 04/07 accounts
3. Don't contact or pay any of the above from now on
4. How much do you have to "negotiate" with; ie the amount you have to use as f&f?

Thanks

1 - NO
2 - Sent
3 - this makes me slightly worried? Can they move the default to a CCJ and thus start the 6 years again (from now and not from 2008?)
4 - I have roughly 2.5k to settle 3 x CC and 1 x Mobile default

[Never-In-Doubt]

Re: Capquest & 1st Credit - Agreements

3 - this makes me slightly worried? Can they move the default to a CCJ and thus start the 6 years again (from now and not from 2008?)
4 - I have roughly 2.5k to settle 3 x CC and 1 x Mobile default

default to a CCJ? Nope!

Too little to consider serious offers without checking the paperwork and default notice first. Do you have a copy of the original default notice served in 2008?

Realistically, you'd be looking at offers in the region of:

1. £2k
2. £4k (as it's still with the OC so no incentive to accept an offer)
3. £1k
4. £500+

Well that's my point of view anyway, so we need to find fault with paperwork in order to negotiate these to lower figures.

[trodat]

Re: Capquest & 1st Credit - Agreements

I don't recall receiving any paper work ref them being defaulted tbh! I was out of the country tbh, and moving around a lot due to not being of fixed abode!

If I am being honest I simply stuck my head in the sand since 2009 since my return but along with being in Iraq and Afghan I feel I had more things to worry about - how wrong was I now that I want to buy a house for my new family gulp!! lol!