The letter says if I don't respond within 14 days they will take court action. The client is listed as capquest, who are a DCA, so I'm not even sure what this relates to.

Am I right in assuming if i make a SAR request now, they have to complete that before they can take any action?

Or should this be a CCA request? Surely a SAR would cover the CCA as well?

neither

tell us about the debt

original creditor

type of credit

date last payment

is it on your credit file?

and read the letter carefully

it doesn't say WILL anywhere I bet...

dx

As I said, I don't know who the original debt is with. that's part of what i need to establish. I have no information beyond this letter.

As for it not saying "will" -

"If we cannot agree during the next 14 days how you will repay the amount outstanding to capquest investments limited, we will issue court proceedings against you for the full sum outstanding together with legal costs. We will not contact you again to warn you that proceedings will be issued."

So you'd lose that bet.

under GDPR they cant do that

unless you've already had the PAP letter of claim pack and ignored it?

I'm confused, surely that letter of claim would come after they start legal proceedings, not before?

I do not believe i have received one of these.

no a letter of claim not a claimform..

the new rules came in oct 2017

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

which is why your letter seems so strange

can you scan it up to PDF please

read upload

go look at your credit file

that should tell you what the original debt was all about

then comeback and tell us.

no need for any secret squirrel stuff in this day and age

I don't have a scanner, will get a picture taken and converted to PDF.

great read upload

its all in there how to do it

I dont have access to my credit file, or the money to get access.

surely they need to provide me with full info on what it is about though?

letter pdf

letter.pdf

seems like you've been away for a while then

things have changed a lot now with GDPR

99% of credit files are free now

noddle clearscore etc etc

go get it from their website

whats in the black box below client name that usually tells you what the debt was

that was reference number and amount. come on, do you really think i would blank out the thing i have repeatedly said i do not know?

noddle lists it as capquest investments LTD and the type as mail order, but does not indicate who the original creditor was, and i dont know from this limited information.

This is not relevant though to my initial question.

seems like they don't know either then:lol:

cause all the ones I get from them have the details there.

ok go get your credit file please

get it for what? i'm not sure i understand.

so its a catalogue debt

twill be either shop direct

or

jd Williams

so its covered by the Consumer Credit Act [we didn't know that till now..hence needing to know!]

so CCA request time.

which is a legally binding request they have 14 working days

an sar to a DCA is pointless

to be honest i do not believe i have ever had any dealings with either company, though i suppose it could have been an arm trading under a different name. I have never, in all my days, had a catalogue that i ordered stuff from.

out of interest, why would a SAR be pointless? surely they need to provide that just like everyone else?

edit - should the CCA go to capquest? or shoosmiths?

not legally binding as such and they don't have to supply the agreement in an sar either.

so pointless

they only ever have records since they were assigned [bought] the debt anyway

so an sar goes to the original creditor

but at this stage its not necessary

cca goes to the owner, shoos are a solicitor they work for their client..the debt owner

i'm assuming i should send the CCA to capquest, but inform shoosmiths of the situation, which should prevent them from taking the court action they have said will be taken?

they cant do court

only the owner can.

so no need

wouldn't the owner charge a firm of solicitors, like shoosmiths, with doing this?

is it not possible thats why this letter was sent?

I'm asking both for clarity, and to know if this lot have threatened something they are unable to follow through on

. if the latter, surely that's illegal in some way?

you seriously need to get reading claimform threads and about assignment.

a solicitor is not a creditor so cant issue court claims

they represent the client in any legal matters

its a civil debt, so not illegal as in criminal, but unlawful.

but what they are doing is neither.

capquest have told them to start the legal process

shoos have written stating such giving one last chance so to speak,

even though they say they will, it doesn't actually mean 'they will'

if they cant get paperwork they wont!

type in the words speculative claimform

in the search cag box of the top red toolbar and get reading

I'm not trying to be a silly here, but i'm finding parts of what you are saying confusing. for example -

"a solicitor is not a creditor so cant issue court claims

they represent the client in any legal matters"

surely they would get the solicitors to make a court claim on their behalf?

Is that not the point of having solicitors, to, as you say, represent them in legal matters, like the filing of claims with the court?

you also said -

"capquest have told them to start the legal process"

which supports what i said above.

it seems your answers are edited for brevity, and frankly are not helping me to understand what you're saying. you give an answer, but its very short and does not always actually answer the question asked.

I get you're a volunteer, but you could try to explain a bit more when answering, as right now i'm doing what you've told me, but if a similar situation was to come up, i'd need to ask again as I don't understand why i'm doing this.

well I see you've been reading up so good

cag is also about self help too

you'll fill in the nitty gritty bits as you are reading

honestly i'm feeling a little stupid with all this, which, at the risk of sounding arrogant, is a very unusual situation for me. and again, not wanting to come across like a [removed], and i thank you for the help, but it feels like you are giving me the info you think i need, rather than answering what i am asking, which is why my level of understanding is low.

well no

was the same in your last thread

you want straight simply answers when its not that straight and not that simple

you have to understand the wider issues to appreciate what is going on and what might happen.

solicitors act on their behalf under their instruction.

and represent them in legal matters

they don't hold the correct licences to be a creditor so cant be a creditor/the claimant that takes people to court

but neither can a creditor be a solicitor...think about it.

anyway get that CCA running to the owner of the debt tomorrow and lets see where this goes

no I don't waste my time when I know the finer points are in 1000's of threads already here