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Hello and Capquest

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Hello and Capquest

Post by archie9 on Sun Jul 02, 2017 3:54 am

Hi. I am an old member of goodf who helped me years ago to get free of debt. Big hello and thank you to Ceylon who I follow on youtube of-course. Bring back Kak and Mak Smile)

Now then...I was all free of debt, having got out of it free and enjoyed myself quite a lot doing it! The other day I received a letter from DCA Capquest who demanded repayment of my student loan. In the contract for a student loan it clearly states that you will not have to pay back anything until you earn £25K per annum. If you reach the age of 50 without achieving that level of income the debt becomes void...like I said , that was in the original contract. I have never made anything like that amount of money and I am now 51. I phoned them and put this to them and they were as a brick wall, claiming that none of that matters, pay up.

I'd appreciate some reassurance from you guys! I'm about to start the three letter process: is there anything different about this as it is for a student loan? Does anyone know of or have any experience of Capquest? Finally, it did say in the instructions that the CEO of whichever DCA should be sent a copy of the 3 letters as well as the main office...do we still have to do that?

Anyway, kinda nice to be back with old friends, but shame I have to be!

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Re: Hello and Capquest

Post by daveiron on Sun Jul 02, 2017 8:11 am

Read the contract carefully ( i am sure you have already) If what you have said is correct tell them to do one.
A contract cannot be changed unilaterally. It sounds like you enjoyed the process before ,enjoy it again.
It may be a good idea to send to CEO as well although i do not always bother ,I always send to the first person who contacts me & stick to them throughout.

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Re: Hello and Capquest

Post by petesomething on Sun Jul 02, 2017 9:11 am

Hi archie9

Remember DCA will lie and cheat ,but they have no power and if it went to court they would not win ,
but this will not stop them writing to you hoping you will pay,

they do this if

statute barred

you may of been to court won already

some times they will take it to court hoping you will not show up and win by default

so remember , they lie cheat and have no powers,
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Re: Hello and Capquest

Post by archie9 on Sun Jul 02, 2017 2:20 pm

Thank you! I don't think I have the contract now, this was years and years ago. They are aggressive, already threatening court: I will launch the first letter tomorrow

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Re: Hello and Capquest

Post by Jinxer on Sun Jul 02, 2017 2:31 pm

If you could get an original copy of the agreement that would be a big help to you.

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They can prove their claim first..

Post by archie9 on Tue Jul 18, 2017 1:14 am

I've scanned their response to letter 1...I hope I am able to post it here:
Attachments
capresponse.jpg You don't have permission to download attachments.(330 Kb) Downloaded 10 times

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Re: Hello and Capquest

Post by archie9 on Tue Jul 18, 2017 1:15 am

aww crap can't even read it

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try pdf

Post by archie9 on Tue Jul 18, 2017 1:18 am

Sorry, very sorry for all the faffing
Attachments
capresponse.pdf You don't have permission to download attachments.(331 Kb) Downloaded 8 times

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Re: Hello and Capquest

Post by archie9 on Tue Jul 18, 2017 1:20 am

I'm sending letter 2 today. I would be interested in any responses. I may be able to find an original student loans agreement online...but hey, let them prove their claim first.

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Re: Hello and Capquest

Post by daveiron on Tue Jul 18, 2017 12:13 pm

Ok ,so they are only acting as agents, carry on with the letters for DCAs .
Myself i would also turn there letter to you around .All they are saying is they have no legal obligation to supply anything.
You could also tell them that as they are merely third party interlopers you also have no obligation ,legal or otherwise to interact with them .
Things soon get past back when it becomes clear they are wasting their time and money .

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Second Response

Post by archie9 on Sat Jul 22, 2017 8:17 pm

Out comes the template line!

Just asking them to prove the claim......
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capresponse2p1.pdf You don't have permission to download attachments.(227 Kb) Downloaded 6 times
capresponse2p2.pdf You don't have permission to download attachments.(375 Kb) Downloaded 7 times

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Re: Hello and Capquest

Post by daveiron on Sun Jul 23, 2017 4:11 am

Dear Capquest

I am in receipt of your letter dated xxxx in which you state "For the avoidance of doubt ,we have not entered into a contract with you and are not bound by your terms" .
This is correct and as such I am under no obligation legally or Lawfully to respond or interact with you in any way,and would therefor suggest you take your own advise before making further presumptions.

I am also aware that the majority of your letter which you have sent to me is a template letter which I have seen many times on the internet.

I will not enter into further correspondence with you as your letters ,whilst they appear to carry a signature do not carry the name of the individual who has signed it and therefor takes liability for its contents.
May I suggest you seek independent legal advise on this issue.

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Re: Hello and Capquest

Post by archie9 on Sun Jul 23, 2017 5:06 am

Fantastic

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Re: Hello and Capquest

Post by archie9 on Sun Jul 23, 2017 5:08 am

That's odd, didn't save all my post..the rest is:
They are going to be sent that!! Cheers, v much appreciated.

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Re: Hello and Capquest

Post by daveiron on Sun Jul 23, 2017 5:38 am

Have fun.

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Re: Hello and Capquest

Post by archie9 on Mon Sep 04, 2017 1:28 am

Estoppel sent, reply was a carbon copy of the other two letters they sent which you have already read. I now have the option of sending a bill. I'm thinking of waiting until they threaten me.....

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Re: Hello and Capquest

Post by Tiggy on Mon Sep 04, 2017 1:52 pm

When did you take out the loan, was it during or pre 1998?

Have you been deferring on it, if so when was the last time you deferred?

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Re: Hello and Capquest

Post by archie9 on Mon Sep 04, 2017 2:25 pm

First one was 97 I think, then it carried on until 2001. After that yes I deferred it. I was about 49 when I moved...forgot all about it..then out of the blue comes Capquest.

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Re: Hello and Capquest

Post by Tiggy on Mon Sep 04, 2017 2:53 pm

OK, do you remember if there were two separate agreements, one pre 1998 and one post ?

If the loan is all classed as pre 1998 then is is written off at age 50 ONLY if there are no arrears on the account, but if you deferred over 6 years ago and haven't made any payments or acknowledged the debt, then it's possibly statute barred under Section 5 of the limitations act - this doesn't apply to post 1998 loans.

If the loan is classed as post 1998, then it's age 65 that it's written off not 50.

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Re: Hello and Capquest

Post by archie9 on Mon Sep 04, 2017 11:26 pm

Wow good info. I certainly remember arranging the first year. After that just a continuation. I changed course after two years and the nature of the loan changed then, because it was supposed to pay for more. I do remember reading the initial contract and that it stated the age that it becomes void as....well I remembered it as 55 for some reason, but I think it's 50
Last time I defferred would have been about 3 years ago.

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Re: Hello and Capquest

Post by Tiggy on Tue Sep 05, 2017 6:47 am

archie9 wrote:Wow good info. I certainly remember arranging the first year. After that just a continuation. I changed course after two years and the nature of the loan changed then, because it was supposed to pay for more. I do remember reading the initial contract and that it stated the age that it becomes void as....well I remembered it as 55 for some reason, but I think it's 50
Last time I defferred would have been about 3 years ago.

So not statute barred and I suspect there are arrears now on the account which is why it's not been written off when you reached 50.

I would suggest 2 things:

1. Subject access request to see what arrears there are and the date of the original contract and possibly the type of contract you signed.

2. Request a copy of the agreement under Section 77.1 of the Consumer Credit Act, paying the £1 fee. If they don't have a copy of the original agreement then under Section 77.4 it's unenforceable against you.

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