Marbles dont have the agreement!

[Gemby]

Hi all

I need some help with a Marbles account.

I originally sent Marbles Card a CCA request in November 2009. They replied in December stating that they were unable to provide a copy of the signed agreement.
I then wrote back and put the account into dispute.
Marbles then responded in January 2010 stating that they were still "unable to provide a copy of the original agreement or the signed application form". and "Whilst we try to locate the full original agreement we will not be seeking to enforce the agreement"
Things then went quiet....until now!

Marbles have now sold the account to CapQuest.

Cap Quest have now made contact and require settlement plans. I have informed them that the account is in dispute because Marbles were unable to provide me with a section 78 request.
CapQuest have now written back stating "We kindly request that you provide a list of all the information you are specifically requesting in regards to this account."

How am I best proceeding with this?
I dont want to stir up a hornets nest, or give CapQuest the opportunity to provide me with some sort of reconstituted agreement and claim that that suffices for the section 78 request.

Any thoughts greatly received.

Gemby

[Fribourg]

Re: Marbles dont have the agreement!

Well, you send them the template sold while in dispute, and include a copy of the letter Marbles sent you saying that they do not have the agreement, that should enough, Niddy will be back soon and can confirm the way to go

[MrsD]

Re: Marbles dont have the agreement!

Fribourg is absolutely right, send the letter with a copy of the original saying they have no CCA. Make sure you keep these "no CCA" letters, very precious.

[Deepie]

Re: Marbles dont have the agreement!

NEWCCA Query - Letter Previously Confirming No CCA

Is it not this letter you send.

[Never-In-Doubt]

Re: Marbles dont have the agreement!

Gemby

As in 2 Deep has confirmed above, what you need to do is photocopy the letter from the lender confirming they have no agreement and send a copy with this: ---> NEW CCA Query - Letter Previously Confirming No CCA to the DCA. Do not do anything else, and whatever you do don't talk to them on the phone or pay them anything! You're home and dry with this one.

:niddy

[Gemby]

Re: Marbles dont have the agreement!

Thanks Guys

I will get the letter sent today.

I was just worried that if i stirred the hornets nest up, they would make a special effort to find the agreement or send a recon.

Niddy, in a previous thread you said that a creditor does not need the original agreement to commence court proceedings, and doesn't ever need to produce it. Is that not the case here?

Gemby

[Never-In-Doubt]

Re: Marbles dont have the agreement!

I will get the letter sent today. I was just worried that if i stirred the hornets nest up, they would make a special effort to find the agreement or send a recon.

Then we'll fight that as and when they do try and make a recon etc..... lets just see what happens yea?

Niddy, in a previous thread you said that a creditor does not need the original agreement to commence court proceedings, and doesn't ever need to produce it. Is that not the case here?

Don't confuse things - basically a lot of case law has taken place so things change all the time, without an original agreement then they "should not" be able to take action; obviously that means defending any action - its a hard one to call and usually we argue each case on its own merit.....

[mk_chatham]

Re: Marbles dont have the agreement!

Hi Gemby

I was in exactly the same situation as you - Marbles confirmed they did not have the agreement, then sold the debt to CapQuest earlier this year.

I sent the same letter as has been advised, with a copy of the letter from Marbles. I received confirmation that they were "investigating".

They did start ringing so I sent the "Do not call me" template, they replied promptly and confirmed that they had taken my telephone number off my account; the calls stopped.

It took a few weeks but I have now received confirmation that the account is unenforceable and they will not be pursuing repayment. They thanked me for sending the letter from Marbles and apologised !!

I know that each case is individual and that we should not be comparing but I hope for a similar outcome for you. I found CapQuest to be one of the easier DCAs to deal with.

Best of luck, and try not to worry !

MK

[Never-In-Doubt]

Re: Marbles dont have the agreement!

MK

Result! Nice one. I love it when the process works!

[Gemby]

Re: Marbles dont have the agreement!

MK

Thanks for that, its good to know that some companies do follow the "RULES".
CapQuest as you say, do seem easier to deal with than some other DCA's.
I will await their "Apology" letter with great antisipation.

Gemby

[Never-In-Doubt]

Re: Marbles dont have the agreement!

MK

Thanks for that, its good to know that some companies do follow the "RULES".
CapQuest as you say, do seem easier to deal with than some other DCA's.
I will await their "Apology" letter with great antisipation.

Gemby

Good luck if you're awaiting an apology

Believe me when I say, they aren't called Crap Quest for nothing

[Gemby]

Re: Marbles dont have the agreement!

Nice one!

[Gemby]

Re: Marbles dont have the agreement!

Hi all

I've had a reply from Crap Quest

They have confirmed receipt of my letter and they have requested documentation from the originator.
They have asked for information about why the account is in dispute, and my reasons for withholding payment.

Do i just ignor this letter?

The template letter i sent stated that i would not enter any further correspondence until they came up with the agreement. Are they just tempting me into a trap?

Gemby

[Never-In-Doubt]

Re: Marbles dont have the agreement!

Hi all

I've had a reply from Crap Quest

They have confirmed receipt of my letter and they have requested documentation from the originator.
They have asked for information about why the account is in dispute, and my reasons for withholding payment.

Do i just ignor this letter?

The template letter i sent stated that i would not enter any further correspondence until they came up with the agreement. Are they just tempting me into a trap?

Gemby

Just ignore them - they know full well why it's in dispute!

[Gemby]

Re: Marbles dont have the agreement!

Hi Guys

A worrying letter arrived today...I guess they are just trying to scare me

Capquest: "we find ourselves preparing a Statutory Demand under section 268(1) (a) of the Insolvency Act 1986 which will be completed on or around 12 May 11 which will be served upon you"

Can they do this without a copy of the agreement?

Gemby