HELP! Student Loans Company/ CapQuest - now BCW - Page 2

knoxvillain · 19th October 2007, 08:28

sweet, I was worried that it wasn't sb but the debt is 10 years old so even if I did make 1 payment there is a good chance that 5 years (I'm in Scotland) passed either before or after that payment.

knoxvillain · 23rd October 2007, 19:00

statute barred letter sent today, also sent CCA request too.

knoxvillain · 26th October 2007, 18:09

statute barred letter showing as delivered today. CCA request not delivered yet.

knoxvillain · 31st October 2007, 08:52

2 x standard "your account is now on hold for 28 days" letters recieved

tiglet · 31st October 2007, 09:17

Just hang on and see if they refute your Statute barred allegation then.

knoxvillain · 31st October 2007, 13:31

yup and also see if they produce a CCA or not

the clock is ticking now.

I need to get round to chasing my friends at Blair, Oliver & Scott who owe me a CCA from about 4 months ago.

tiglet · 31st October 2007, 13:36

I'd do it sooner rather than later because you only ahve 6 months in which to report them (can't remember which thread I read that on, but it's stuck in my mind)

knoxvillain · 14th November 2007, 09:12

I make it now that Capquest's 12 business days have came and went

tiglet · 14th November 2007, 10:24

Yup, sure are - juts wait for the further 30 days until they have commited an offence and then report them to TS & the OFT.

knoxvillain · 14th November 2007, 15:53

so can they no longer enforce the debt now or does that not kick in until the additional 30 days have passed by? Also, although I've dealt with Capquest here, if they hand if back to Student Loans, could they pass it to another debt collector and try again?

tiglet · 14th November 2007, 15:56

1. They are in default, but if they produce it within the next 30 days, they can enforce it.

2. Whether they pass it back or not, they have accepted your request for the CCA, therefore they are responsible for providing it. If they do pass it over, they are in breach of OFT guidelines on debt collection - doesn't mean they won't, but it gives you a little more ammo.

knoxvillain · 14th November 2007, 16:12

so what does it actually mean that they are now in default? What does that do for me? (thanks for your continued help by the way

)

tiglet · 14th November 2007, 16:54

No probs!

It means they cannot persue you for the debt until such time as the CCA is produced - in other words, they ahve not as yet commited an offence by not supplying you with the CCA, but they have lost the right to press for payment until the CCA is produced.

If they do persue you for payment, you can contact TS & OFT to report them for breaching the act and for failing to comply with the OFT guidelines on debt collection.

knoxvillain · 15th November 2007, 18:10

cool. In fairness, I haven't heard a peep out of Capquest since I told them I was sending the Stat Barred and CCA requests.

Finally sent the letter to Blair, Oliver & Scott asking for default removal. I have settled the account so enforcement doesn't matter but they haven't even marked it as satisfied on my credit report. Hopefully they will now remove it since they can't come up with a CCA.

The GodMother · 15th November 2007, 18:17

looks like u are winning

knoxvillain · 19th November 2007, 18:42

Hopefully

Thats the default removal request showing as delivered today and also my Current Account Overdraft CCA request as well.

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