Hello and Capquest

by archie9 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

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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!

by **daveiron** 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.

by petesomething 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,

by archie9 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

by Jinxer 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.

by archie9 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 14 times

by archie9 Tue Jul 18, 2017 1:15 am

aww crap can't even read it

by archie9 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 11 times

by archie9 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.

by **daveiron** 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 .

by archie9 Sat Jul 22, 2017 8:17 pm

Out comes the template line!

Just asking them to prove the claim......

Attachments

: capresponse2p1.pdf You don't have permission to download attachments.(227 Kb) Downloaded 8 times

: capresponse2p2.pdf You don't have permission to download attachments.(375 Kb) Downloaded 8 times

by **daveiron** 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.

by archie9 Sun Jul 23, 2017 5:06 am

Fantastic

by archie9 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.

by **daveiron** Sun Jul 23, 2017 5:38 am

Have fun.

by archie9 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.....

by Tiggy 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?

by archie9 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.

by Tiggy 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.

by archie9 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.

by Tiggy 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.

by archie9 Wed Oct 25, 2017 7:08 pm

Update:
Capquest send me the odd letter stating that they are sorry, but they are still waiting for the documents I requested. The minute they threaten me they will be billed for that and all letters sent since the Estoppel.

Meanwhile, and for some time now, my old friends Cabot have been on at me. I have not read any of the letters or opened envelopes....because they have incorrectly spelt my first name. If they don't have my correct name, it isn't me. Ceylon a while back in interview stated that returning anything marked UK Mail is pointless because 'they are binned.' I sent one back early on to Cabot in an envelope by registered mail. Still the letters come. I daresay I will get a knock on the door about this one. I took myself off the electoral role, more out of disgust with politics than wishing to hide.

Well that's that. I did say that I went through the 3 letter process repeatedly some years ago now for old debts...at the time it worked, but now they seem to be having another go. The most recent is Fredrickson..ugh what an outfit! Repeated phonecalls (none of which I received because I block all numbers I don't recognise to screen call centres out.) and a good five text messages before they even wrote to me. Finally today I got a letter so I came here to get some fresh letters. I am pleased to see the new and sternly worded process for those parasites claiming to be acting as agents for the original lender, so I'm going ahead and using the new stuff.

Daveiron and co. thank you!! Smile

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