DISPUTING OUTSTANDING BALANCE TO CAPQUEST

[DAVEB71]

Hi everyone could someone please check these what capquest sent me as a response to a CCA request before I go any further, I am gonna SAR the OC as advised by someone on CAG but I think from reading various posts on different forums that this may not be valid, but again not sure as there have been conflicting views, cheers everyone

http://i1137.photobucket.com/albums/...1/CQ1_COPY.jpg
http://i1137.photobucket.com/albums/...1/CQ2_COPY.jpg
http://i1137.photobucket.com/albums/...71/SKY_TC1.jpg
http://i1137.photobucket.com/albums/...71/SKY_TC2.jpg
http://i1137.photobucket.com/albums/...71/SKY_TC3.jpg
http://i1137.photobucket.com/albums/...71/SKY_TC4.jpg
http://i1137.photobucket.com/albums/...71/SKY_TC5.jpg

I will over the weekend take some time off work and SAR the OC, as advised but do I send a letter of dispute to capquest aswell while the SAR thing is going on? and when should I stop my monthly payments? capquest did give me a basic print out statement of what I have paid to them to date along with the above documents which clearly shows I have been charged in interest and charges over £560, therefore add this to the acknowledged payments to capquest of £690 this takes us to £1250 paid on a opening balance of just over £1300 !!! yet they want another £1200 off me!!!! well its not happening
So thanks for all the support in advance guys as opinions and advice are very much welcomed and appreciated.
cheers Dave

[Never-In-Doubt]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Just sit tight. Don't SAR anyone - we'll come back to you shortly.

No SAR is necessary at this point as you have your cca!

[DAVEB71]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Cheers Never-In-Doubt, I will hang fire

[Never-In-Doubt]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Page 1 is the agreement, page 2 is the reverse of the agreement and clearly linked thus this agreement is 100% enforceable. notice the default charge reads as £25.

Page 3 is a copy, this is unenforceable as it's not linked terms however as the original two pages is enforceable it doesn't matter. Point is the recon/varied terms starting page 3 clearly show the bottom column going off page into new right hand side column with credit mid sentence at the top, default charge shows £12 so I presume these are the varied terms.

You would be better trying to reclaim charges/ppi and making offer to settle.

[DAVEB71]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

thanks never-in-doubt, should I now SAR the original OC and pursue that route, I did reclaim PPi when all that was going on from skycard but was told that was irrelevant and a seperate issue and I could reclaim the charges put on by capquest with interest which would more than cover the debt

cheers mate

Dave

[Never-In-Doubt]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Hiya

What you need to do is reclaim ppi and charges first. THEN when this is resolved they knock it off tha balance, do you know how long you paid ppi for cos chances are if it was 4+ years you may clear the balance with a reclaim refund.

No SAR yet - forget that till we get the facts, lol

Can you tell us; when did you ORIGINALLY take this card out, was it 2005?

What was your credit limit snd your highest balance (if you recall)

Did you pay ppi? If so from when till when (approx)

Have you already been defaulted (credit files) regards this account?

Cheers mate

[DAVEB71]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

I think I have already claimed back the PPi and settled on a figure but not 100% sure, the card was took out in 2005 with a £1000 credit limit on it, capquest took over in november 2006 so I assume they bought the debt back then, they did send me a statement of money paid to them, including the amount paid:
£685
charges and interested added on:
£560
on an opening balance of £1300 with what they are saying £1200 outstanding, this is outrageous!! and blantant robbery, we should only have to pay back what we owe it seems these DCA's think they can do what they like, they need seriously regulating!!

[Never-In-Doubt]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Ok come back in the morning and I'll do you a reply to send off. Forget the SAR - pointless.

However have you had a refund of ppi paid to the account or what? Did it go to the FOS? What happened there....?

Please elaborate - as I say, there will be a reply here for you by 7am to send back

[DAVEB71]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

I got a cheque for the PPI I think as it was ages ago, they wanted to send it to capquest but I said that as they sold the debt to capquest and an agreement was in place then the cheque should be payable to me,,,,,it seemed to work

Thanks for your time anyway much appreciated, and I will check back in the morning

regards

Dave

[Never-In-Doubt]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Right forget ppi then lol

Leave it with me

[Never-In-Doubt]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Hiya

Ok I think you really need to be trying for a refund of all charges, certainly to the level as mutually acceptable to the OFT (i.e. £12) - however there is no guarantee that it'll work....

Can you confirm, are you able to settle the account, my plan would be to write back and say you're disputing the charges as unlawful and thus only acknowledge the remainder of the balance as being the original debt which is also disputed as unenforceable in line with s.127(3) CCA1974.

BUT, in order to clear it and avoid any further costs etc, it may be better to make an offer to settle, around £200-£400. Can you afford this, as a one off payment or is it not viable?

Dependant upon how you answer would depend on the next course of action/type of letter so I've not done one as yet, however only takes 5 minutes so I'll wait until you come back to us....

Cheers

[DAVEB71]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Hi Never-In-doubt I have like I said paid £685 back on a debt of £1313 as an opening balance, I assume that the debt was purchased from sky card which I owed under £1100 at my last statement before it went to DCA for about 20p in the pound, so I think that a settlement of £200 would be more than they deserve, but I started posting to forums to get a fair crack of the whip, not to avoid paying money I legitimately owe, I always found capquest a bit sus as they have offered me settlements a few times but they were way out, eg, in 2008 I was offered an early settlement of£827, and then 3 weeks ago I was offered "the deal of the day" of £900, it doesnt make sense, so I think as they have probably had 3 or 4 times what they paid for the debt £200 is well enough i think, what do you say.
cheers

Dave

[Never-In-Doubt]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Dave

I am looking at an offer of £0 - however I need to know how far you'll go just to ensure clarity on both parts - however I am a tight sod with these things and always look at low settlements.

Bear with me, will sort you a suitable response later or in the morning, am always here - just have 20,000,000 other things to clear at the same time so things are in a very long "to-do" list

[DAVEB71]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Cheers Never-In-Doubt I appreciate your efforts with this.

Kind Regards

Dave

[DAVEB71]

Re: DISPUTING OUTSTANDING BALANCE TO CAPQUEST

Hi Niddy just wondering if you've got round to drafting up that settlement letter yet mate.
Cheers

Dave