Promised to let you know what happened. Well got a letter off another DCA yesterday this one's called JB Debt recovery based in Glasgow. claimed to be representing a client called Capquest Ltd. If they don't hear from me within 7 days they will concider legal action.
Never had any comunication with Capquest, so i'm guessing that Cabot sold on debt as it's they same amount of money they were demanding.
Their letter was not signed by anyone just the recoveries department
standard template letter i think, nor did it have the original creditors name.
So as i understand it Capquest who are a DCA are using another DCA JB debt recoveries to collect unenforcable debts for them.
I Have sent this reply Think it's called the bemused letter.
ACCOUNT IN DISPUTE
Dear Recoveries Department
Account number: ******
I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Red/Lowell/ Cabot / Capquest
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
As Red/Lowell/Cabot/Capquest are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to Capquest/Cabot/ Lowell/red. for resolution of these defaults and breaches, as JB Debt Recoveries cannot lawfully pursue any enforcement activities.
If JB Debt recoveries choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
P.S. I would like to add that I have not had any debt for over 7years so any debt that you are chasing is almost certainly Statute Barred.
Any info on JB would be helpful anyone.
Let you know if I get any reply, or when it's passed on to yet another DCA