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Old 14th November 2006, 13:08   #1 (permalink)
pwell01uk
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Default Should I send my Passport/Driving License?

I recently sent a letter to CapQuest (DCA) requesting the deed of assignment and yesterday I received their response.
They basically want me to prove to them with either a passport or driving license and proof of addresses.
The ironic thing is, only a week or so before, they didn't seek proof when they were demanding money and their ultimatum if I cannot prove myself is that they will pass me on to their collections department who will no doubt continue without the need to prove my identity.
However, I am willing to send them what they need although I have reservations about sending them these valuable documents.
Having said that, I no longer have anything which can tie me to my previous addresses.
What should I do as I have until 19/11/06 to comply?
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Old 14th November 2006, 14:50   #2 (permalink)
NailPost
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Default Re: Should I send my Passport/Driving License?

You should send no documents, not even copies of these, to Capquest or any other debt collecting company. The onus is on them to prove who they say you are and you need offer them no help whatsoever in this regard. As you say they were sure enough of your identity to demand money from you in the first place.

You should also take note that you do not have to comply with anything these morons tell you. Setting dates and timelimits for responses mean absolutely nothing at all. Ignore the muppets and when the time limits run out report them pronto.
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Old 14th November 2006, 15:14   #3 (permalink)
pwell01uk
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Default Re: Should I send my Passport/Driving License?

How long do they have to reply to my original request?
Who do I report them to once the time expires?
Is it true that, if they don't reply they cannot enforce the debt and the debt then becomes wiped out (would that be default and all)?
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Old 14th November 2006, 15:26   #4 (permalink)
freedomfighter
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Default Re: Should I send my Passport/Driving License?

did u do it in a proper cca request?

if u did, they have 12 working days from when they recieve it before u can suspend payments and then a further calendar month before it becomes a criminal offense for them to not supply the docs.
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Old 14th November 2006, 16:04   #5 (permalink)
pwell01uk
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Default Re: Should I send my Passport/Driving License?

I sent them the template letter from this site requesting deed of assignment and sent them the £1 PO etc, although I'm not sure what it's called.
CapQuest actually sent me 2 letters which I received on Monday 13/11/06, one which notified me that my account was on hold for 28 days until they looked into it or something to that accord (I'm at work at the moment, therefore I can't quote exactly what it says) and the other letter requested proof and gave me until 19/11/06 otherwise I "will be passed on to their collections department".

HSBC have only just sold this debt on after defaulting me for it over 3 years ago, as of yet, I have not made any payments.

This deed of assignment, I think I read somewhere that until as recently as 2005 the banks and DCA's were pretty slack and this Deed which is required by law was rarely produced/used.
Does this mean (if my facts are correct that is) because my account was sold recently that CapQuest will probably have the DoA?
Or because the debt is from 2003 and defaulted that no such deed exists and I have a chance to wipe it, default and all?
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Old 15th November 2006, 22:23   #6 (permalink)
pwell01uk
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Default Re: Should I send my Passport/Driving License?

Also, do I have to send notification once the 12 days are up or do I wait the additional calender month and report them?
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Old 15th December 2006, 13:02   #7 (permalink)
pwell01uk
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Default Re: Should I send my Passport/Driving License?

OK, the 40 days are up now, what should I do?
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Old 15th December 2006, 14:07   #8 (permalink)
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Default Re: Should I send my Passport/Driving License?

Sorry to thread jump but where can I find the deed of assignment template letter?
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Old 15th December 2006, 16:44   #9 (permalink)
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Default Re: Should I send my Passport/Driving License?

There is no template letter for a deed of assignment as the DCA does not
have to produce it to us, only a Court when required to prove they own a
debt.
I suspect that what was actually sent was a CCA request where a copy of
original agreement is demanded. You will find that template letter if you
read the FAQS.
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Old 15th December 2006, 17:00   #10 (permalink)
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Default Re: Should I send my Passport/Driving License?

Pwell, I have only just found this thread. Under the Data Protection Act,
Capquest are entitled to ask for identity proof from you before sending
the requested information, to confirm that you are who you say you are.
By ignoring their request, it may be that they have not breached the Act
since they need to be sure that they are not sending your data to
someone else.
You do not have to send them your passport or driving licence, a photocopy
will do as will anything else that proves who you are.
I think you are also getting confused with a deed of assignment and the
original agreement.
The deed of assignment is a legal paper confirming the transfer of the debt
from one company to another. It confirms the date of transfer and how much
the debt was at that date. It will not state how much Capquest paid for it.
They need not show you a copy of it nor is it covered under a cca request.

The original agreement is the contract that was signed between yourself
and HSBC when you first opened the account. If the agreement cannot
be produced, or if the agreement has not bee signed by HSBC as well as yourself, the contract is unenforceable. Although an application to the Court
may reverse that ruling.

Last edited by lookinforinfo; 15th December 2006 at 17:23.
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Old 17th December 2006, 12:37   #11 (permalink)
Donel261
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Default Re: Should I send my Passport/Driving License?

I was asked to provide copies of my driving licence and passport and politely wrote back telling them to f*** off, i said I am disputing the debt with you, it is up to you to prove its existence for all I know you could be some cowboy trying to steal my identity. Didn't stop them communicating with me or providing the documents....
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