capquest keep "threatening" me with legal action although they've messed up providing information!!!

[icklebells]

Hi everyone!

Only registered last week and have been reading a lot of the threads and posts on CAPQUEST! Interesting stories and glad to see I am not the only one who gets harrassed by them!
Cut a long story short:
I moved to Germany last Sept and suddenly out of the blue got a letter from CapQuest about an outstanding amount. Considering myself a good citizen I replied to it but never admitted it was my debt as I had no clue what they were referring to. I asked them for information. They started calling me on a weekend early morning, sent me one letter after the other demanding payment and I started my homework as a result of this. I requested information under the Data Protection Act, Freedom of information, and a few others for more information over and over as they managed to always mess it up or not provide me with the info requested.
Eventually received all the information after also complaining to their department (always in writing) of harrassment and referring to the office of fair trading guidelines pointing out each action that was a failure to abide by these rules.
After information I received from the national debt line (considering I have no access to the CAB services from abroad and cannot afford to travel back and forth for this) I was advised of sending a credit agreement request (CCA) to figure out if they have the right to chase me. I sent it of 2 days ago (obviously it takes a few days to get there being in Germany) and they just called me at 8pm asking me for security question.
I have to say, I am glad I came across this site as I declined to answer, told them I wanted all correspondence in writing and said goodbye.

Now what do I do? Do I wait for a reply or do I send a letter pointing out the harrassment as well?

(just to fill you in it is a debt for a small overdraft which goes back to 2003 with NatWest. My card got swallowed by the machine back then, I informed them and never heard anything since. I did not get a letter informing me of the debt transfer to Capquest nor any other correspondence or even statements. Capquest only got in contact with me last yr which means I am still within the 6 yr term but the amount has doubled due to all the charges NatWest and capquest have added. I have been told this is unlawful and I can request all these to be taken off if it comes to it.)

Any advice you can give I would appreciate! I just think it is a cheek to contact people after office hours and continue to pressure me into payment by "threatening" me with legal action and adding solicitor and court costs onto the outstanding amount when no court proceeding has been issued against me!!!!

thanks so much in advance!
icklebells

[maroondevo52]

Hello and Welcome, icklebells.

You'll get a better responce when your threads moved to the Debt Collectors Forum.

I'll see if there's a nice Mod around, to move it for you


Regards.

Scott.

[havinastella]

Welcome Ickles,

I'm sure the CCA (credit agreement) does not apply to overdrafts, but I may be wrong.

Someone MUCH more knowledgeable than me will be along shortly!

Jogs

Quote from TomTerm8
No, the CCA does not apply to an current account, but it will apply to any consumer overdraft (less than 25,000 before CCA 2006 came into force).

However, there is a exemption, restricting the information they need to send you before the overdraft is sent; and consequently the information they must send you in response to a CCA request is very limited. There is no requirement for a signature on any credit agreement for the overdraft to be enforceable. Almost all overdrafts in my experience will enforceable. You are best off looking at reclaiming any PPI or unlawful charges.

[icklebells]

thank you maroondevo52!
New and not sure how to do this yet...

appreciate your help!

[Bigmac versus]

Thread moved

[icklebells]

thank you Bigmac versus

[icklebells]

Hi,
thanks again for the information you provided!
When I called the Debt helpline they assured me that a CCA would also apply to overdrafts and my situation...maybe they gave me the wrong info???
I sent my CCA request and have since received a letter from CapQuest.
In this letter first of all the amount due/outstanding has been reduced to the amount prior to them adding solicitors and court fees and any interest!
The letter states:

Further to your contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 whilst we obtain the information required.

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our Collections Administration department, so that we can resolve this matter as soon as possible.

Do I reply to this and why is my account on hold for 28 days if the CCA request states 12 days???
I am a little confused! Is there anyone who can explain this to me?
And if I reply, what do I send them?

Thanks in advance!

[maroondevo52]

Hi,

Not sure about the 28days, think they may be stalling.

Just wait and see what they come back with


Regards.

Scott.

[icklebells]

Should I take the 12 days as a deadline before I reposnd or wait until the 28 days they mentioned are over?

I am not sure I understand the CCA request guidelines of 12+something day rule before they commit an offence? Can anyone advise me on where to get an explanation for this?

Thank you for your quick response Scott! I appreciate it!

[maroondevo52]

Hi,

This is the template for non complience to CCA request.
Use it when you have to.

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore


You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

These limits have expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

And

(b) If the default continues for one month he commits an offence.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Remember, print your name, don't sign.



Regards.


Scott.

[icklebells]

Hi Scott!

Thank you so much!
That is one hell of a letter.
Well, I guess I shall wait a little longer until the 12 days are over and consider sending this letter then.

Thanks once again for the template.
Glad I found this forum with such help available!

Regards,

Bella

[maroondevo52]

Bella, you should wait until the further 30 Calendar days pass

Regards.

Scott.

[icklebells]

Ok!
Then I will!
Thanks for pointing that out! :o

I appreciate your quick response.

Regards,

Bella

[icklebells]

Hi everyone!
Hope all are well!

After waiting for the 12 days to pass and a further 30 days i still have not received anything from CapQuest, so I guess it is time to send that letter you, Scott, sent me!