Thread: Advise Needed. CCA request sent and have had a letter back??

HI,

Last week I sent a CCA request to CapQuest who are chasing me for a debt to Capital One. I sent with the CCA the usual £1 postal order. Today I have received a letter back, stating the following:


" Further to your recent correspondance.
Capquest Debt Recovery Limited can confirm that your account balance, as at: 14 May 08 is: £604.99
TRANSACTION DATE: TRANSACTION TYPE: £
12 MAY 08 UPO 1.00

The above information shows the most recent history on your account."


What do I do now? It was the standard CCA that I sent requesting the CCA with the £1.00 for the charge and not acnowledging any debt etc etc. It appears though that they have taken the £1.00 as payment and misread the CCA letter, so now it appears that I have made a payment??? HELP HELP HELP

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This goes for any debt collecting agency and NO fee
I hope this helpful with anyone dealing DCA

Send them a "NOTICE OF UNDERSTANDING" Registered Mail


Your name & address
There name & address

Equality before the Law is paramount and mandatory.

I would be happy to pay any financial obligation I might lawfully owe as soon as I received these 4 documents.
1. Verification of debt collecting licence.
2. Vaildation of the debt.
3. Verification of your claim against me.
4. A copy of the contract binding both parties.

I demand that all of the above conditions be met and presented in sworn Affidavit under oath or attestation, under penalty of perjury and upon your full commercial liability.

debt collectors agencies need a licence from the Director-General of Fair Trading. Operating as a debt collector without a licence is a criminal offence.

Debt collectors have no special legal status, and both they (and the creditor) can only attempt to collect the debt bt legal means. It is a criminal offence to harass (distress) a debtor by making frequent or threatening demands for payment.

Neither the creditor nor the collector must ask for payment in such a way as to indicate that they are acting in an official capacity eg Court official or send demands which look as though they are official Court forms.

And that am not lawfully bound to pay anything which is unsigned eg no signature or photocopied signature.

I look forward to you reponse within 30 days.

Sincerely and without malice afterthought, ill will, vexation or frivolity,


peace

Truther

The contents of this post should not be construed as being legal advice
not legal advice; get a lawyer (if you're crazy)

PT2537, do you have any advise for me as I dont know where to go from here.
Thanks

Hi minitheminx,

You say that you've sent a CCA request but you haven't said why you did this or what you want to achieve as a result of this.

There are a number of different things you can do depending on what your actual goal is.

I sent the letter as I have had a letter from them saying that a default notice had been served by cap one on the 31st oct 2002 and is due to expire on the 29th October 2008. But they have said that they are going to start legal proceedings which will then stay on my account for 6 years.

So I sent the CCA to ask for the orginal docs and to try and delay things

nope none. but its not 6 years yet until this coming October which is why they are threatening me with them applying for a judgement prior to this date

should I write a letter reiterating what the £1 was for?

The cca was only sent on the 9th May so they are still within time. today I received the letter that I have posted at the beginning of this thread, where they have taken the £1 po as payment onto the account and not acknowleged the CCA request. BUT they are still within the 12+2 days. TBH I cant remember when exactly I paid but it would be prior to Oct 02.

I know, im not that useful on dates! lol. Thanks for the help, so I will send your letter a week today. Thanks again.

is the cca request you mention the account in dispute letter that you have put previously which im to send next week?

Hi minitheminx,

I got your pm.

42man has made some very good suggestions and these are worth following.

As you've learnt from this site, as long as you defend the claim then the DCA must be able produce a copy of the signed agreement. Without that they haven't got a leg to stand on.

Sometimes in replying to a s77/78 request creditors recreate a copy of your original agreement as it's too much bother and expense to dig out the original from their archives and photocopy it. So what you get back in response to a s77/78 request isn't always very helpful anyway. However, the fact that you've made the request and they haven't responded means that they can't commence any action against you until they do comply.


You will get very little information anyway from the DCA as they don't get the documents from Cap1 just the details. So if you want to be sure of what Cap1 might be able to come up with then, for your own peace of mind, it might be worthwhile sending a S.A.R - (Subject access request) to Cap1 (rather than the DCA) asking for all the information they hold on you and in particular a copy of the original signed agreement or confirmation that they no longer hold it. This will cost £10. If Cap 1 can't locate your agreement then they will have nothing to give to the DCA if they want to take you to court so there is no way they can win as long as you defend it. They rely on most people not defending to get a judgement by default.

Another thing to do is send a s10 Data Protection Act notice to both cap1 and the dca. Basically this says prove that you've got an agreement or stop processing my data. A s10 notice would look something like this:-

The Data Controller
Cap 1

Notice Pursuant to Section 10, Data Protection Act 1998

Account No: xxxxxxxx

Dear Sir,

Take Notice that I require you to cease entirely from processing, or else that you do not begin to process, any personal data of which I am the subject within 7 days of the receipt by you of this notice.

This includes particularly, but not limited to, any processing involving the communication or passing of personal data of which I am the subject to any third party insofar as the said data relates wholly or in part to any alleged agreement between us.

This Notice is given on the ground that there is no signed agreement in existence that entitles you to process my personal data.

Further, the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or distress to me in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the first, fourth and sixth principles of the Data Protection Act 1998 to do so would be unwarranted.

If you fail to respond to this notice within the prescribed timescale I will make an application to the court under Section 10(4) Data Protection Act that you be ordered to comply with this notice.



This costs you nothing to send and, if they don't respond in 21 days then you can take them to court in order to make them comply.

However, given that this default will drop off in October anyway actually taking them to court might not achieve much anyway unless you really wanted to claim damages as well.

Finally, if they don't have an enforceable agreement then it is open to you to sue them for damages for placing that default on your credit record for the last 6 years. There was a case in the Scottish courts a couple of months ago where a bloke did this and was awarded £108,000 in special damages and £8,000 in general damages. But taking anyone to court is a lot more serious an undertaking than just defending a court claim.

Hope this is helpful

thanks for your reply nicklea. I think im going to go down the route of 42man and the letters he has suggested. I dont really want to send a letter to Cap1 as this debt is nearly over the 6 years so I really want to consentrate on the DCA and especially if they dont have the original CCA then its better for me.

Today I rhave received another letter from capquest. This one says:

"Further to recent 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 days 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 breif covering letter, to our Collections Administration department, so that we can resolve this matter as soon as possible."

Firstly, obviously Im not going to send any proof of payment or covering letter as its up to them to find any relevant information, and Secondly, dont they only have 14 days to reply to the CCA request, not 28? The 14 days (12+2) expires Friday next week.

Any help appreciated.