When you say "passed on a debt to a DCA", it depends very much on whether the DCA is simply acting on behalf of the creditor or whether the creditor has in fact sold the debt to the DCA. If the former, then I'd say feel free to deal with the creditor direct. If the latter, then you have to deal with the DCA

The first paragraph is the only one that makes sense. The rest seems to be waffle and verbiage just to confuse things. You're not obliged to tell them anything. I wouldn't worry

I defer to your better informed opinion Alan But can I then ask you a question? If after you CCA them they can blithely ignore you, default after 12 days, commit an offence after a further month, and yet still pursue you 3-4 months afterwards, then what exactly is the point of the 12 day/42 day time limits on this? It would seem that there is no great necessity for them to obey the time limits then? Neil

Capquest are totally out of order here again. :evil: 1. If you sent a CCA request back in Dec, they have certainly defaulted and committed an offence by now. Any debt should now be completely unenforceable. 2. No Deed of Assignment, therefore they still haven't complied fully with your CCA (not that that should matter considering what I said above). 3. I would argue that if they are still pursuing you on this, then it amounts to harrassment. Hopefully someone else who knows a bit more can advise you what to do, but I'd certainly consider sending them the letter about harrassment (look through the templates). Neil

Thanks for the link. Take a look at this thread (I'm dealing with Capquest too): http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/78758-capquest-unsure-what-do.html So what are the point of the whole 12 day/42 day time limits to comply to a CCA request if they can blithely ignore them, commit an offence then still pursue you months down the line? :mad: There is no mention in the CCA that they can take further action after committing an offence. I think I may be contacting the OFT to ask for clarification on this.

As an aside, could someone tell me where I would go to find a copy of the relevant sections of CCA 1974? I'd like to know the precise wording of the text as it relates here.

That doesn't make sense to me. My gripe with a DCA at the moment basically amounts to mistaken identity, they're chasing the wrong person. So if they don't have to produce my name, address or signature on anything, not only is it not properly executed but in what sense would they have demonstrated that the debt genuinely belongs to me????? Neil

hi Katy, I'm in a similar position of being chased for a debt I don't acknowledge. See my thread: http://www.consumeractiongroup.co.uk/forum/general-debt/76248-capquest-tesco-personal-finance.html At least by sending a CCA request, if they do have a scrap of proof they'll have to produce it. If they don't then it's an end to the matter and it'll be unenforceable. I agree with djdave, don't hold your breath for them to produce anything.

Thanks djdave, Always nice to have a second opinion. That's pretty much what I thought. Likewise if I wrote what I was really thinking, I'd probably be banned from this forum! Don't know if this is a good thing to admit, but now I know where I stand (thanks to this forum) I'm actually quite enjoying taking on these lowlifes. I intend to chase them all the way.

Well, I've had an initial response from Capquest after my CCA request. First part says "the account is on hold for 28 days while we obtain the information, blah, blah, blah". Fine by me since they default after 12 days. The rest frankly baffles me. They carry on "if you have any proof of payments or correspondence that would assist...please forward these documents" Well, I CCA'd them saying I don't acknowledge ANY debt to them, so why do they think I'd have any proof of payments?? That's what I'm asking them for, among other things! And the only correspondence I have is with them, Capquest! This next bit I'd appreciate comments on. In a separate letter they say "please contact this office on 0870 xxxxxxx to confirm important security information related to your letter of 23rd March 2007" The letter they refer to was just the standard CCA request, so what's the ploy here? They know my name & my address, I know nothing about their alleged debt, what other possible relevant information is there? Suffice to say I have no intention of phoning them. Oh and one last thing. In the time taken for them to receive my CCA request and reply, the balance of the alleged debt appears to have gone from £1035 to £1046! Evidently they're adding interest daily, but they're not allowed to do so while the alleged debt is in dispute. Is that right? Sorry to go on and on, just thinking aloud. Neil

Great idea, just signed

I would say your next step is to do nothing ...... yet. Did you send the CCA requests recorded delivery? If so, then if they've had 12 working days from the delivery date and you've heard nothing, then they're in default. They now have one calendar month if which they can still pursue the debt if they apply through the courts (and of course if they come up with the documentation demanded by your CCA request). If they still haven't come up with anything after a calendar month, they've committed an offence and any alleged debt is unenforceable. So they've had 12 days, they're in default. Why remind them of that fact just now? Leave it a further month before you contact them again. Neil

So you know the date your CCA request was received by them from the recorded delivery? They had 12 working days from that date to comply before defaulting and then a further calendar month before committing an offence. It seems from the date you've given that they've had that time and more. Hence they have now committed an offence, any alleged debt is totally unenforceable and you can basically tell them where to shove it! If they are still sending you threatening letters then I'm sure that constitutes harrassment, if not more. Keep all their letters as proof. I'm sure someone who knows more can advise you what to say to them next (maybe there are some letter templates on the site for this sort of thing?) and who else to take this matter to. Neil

Thanks for clarifying that, and sorry for not replying sooner. Checked the recorded delivery on my CCA request and they signed for it this morning. So the clock's now ticking!

I've now sent off a CCA request to capquest about this, and with a bit of luck they should receive it tomorrow (I'll be checking!) Would somebody mind just clarifying for me, do they have 12 days or 12 working days to comply from date of receipt? Even if they were to comply fully with the CCA (which I'm not holding my breath for), I have grounds for complaint already against capquest and their solicitors H L Legal, so I'm figuring out who to eventually complain to. So far I have: OFT Hampshire TS CSA (Credit Services Association) Law Society (about H L Legal) CCTA?? (Consumer Credit Trade Association) - their logo appears on the letters from H L Legal Does that sound a reasonable list? Neil

Thank you OWL, Sensible advice, I shall go that route. I certainly don't want to be bullied as you say. Will keep you informed of developments. Neil

Hi all, I'm a newbie on the forum, so please excuse me if I'm going over old ground here. I've read several threads on here about Capquest so I'm getting a good impression of the sort of people they're like to deal with. My issues with them started last month when I received 2 letters purporting to be from Telogram holding a message for me. Sounded a bit fishy and a quick search online soon told me who they were. I ignored the letters on the basis that "if capquest have something to tell me, then let them tell me up front". So following that I've now received a letter dated 2 March informing me of a debt of £1035.30 sold to them by Tesco Personal Finance, and this was followed by a letter dated 15 March from H L Legal solicitors threatening court proceedings. A couple of points: Firstly, I don't acknowledge this debt in any way, shape or form. As far as I can remember I've had absolutely no dealings with Tesco Personal Finance. Secondly, I haven't as yet acknowledged Capquest in any way. I've not contacted them and I haven't yet been subjected to phone calls, but who knows, that may come. I've seen some excellent advice on other threads on this forum, and I now appreciate that the onus is on them to prove any debt to me. I've also read about CCA letters, etc. My question for now is this: Is it in my interest to continue my policy of completely ignoring these lowlifes? (since the onus of proof is on them, can they take this further if I simply ignore them?) Or should I at this point acknowledge that I've received their letter by firing off a CCA letter in response? Either way I'd like them off my back. Not sure which way to jump. Thanks in advance for any advice, Neil