thankyou

Hi, i have just received a text stating ; Dear Ms XXXXX please visit http://www.ccscollect.co.uk or call on 0845 blah blah to discuss your reference xxxxx. For a call back please reply to this sms. So thinking this was a [problem] i looked up the name on the internet and found it is a debt collection agency, but, in theory i should have no debt as i have just entered a trust deed a couple of months ago now and most of the companies i owe money to would have been informed by now or about to be. I also received another text within a minute allegedly from Hmrev saying they owe me xxxx for the last tax year and i know that one is definitely a [problem] as i have been on DLA since 2013 and just changed to PIP in jan so i assumed the two were connected in the [problem] hence the internet seach on ccscollect and then finding the various threads on here about them. Advice on what to do will be greatly appreciated please and thank you Paula

great thank you but at least i know not to be stupid enough to give in to them this time

OK, this came back in the post on saturday - We are writing to advise that CapQuest Debt Recovery Limited are no longer dealing with your account and we have returned all information to Littlewwods Finance Company Limited. This and all future communications should be made directly to them quoting your account number. Yours Sincerely..... does this mean they've accepted they've lost?

Thank you - off to the post office in about 20 minutes will let you know what i get back

hehe hope it works! thank you so very much Should i still send the SAR?

Ok would some kind soul read this through for me - i sort of hashed it together and don't know if it makes sense? if it's ok i'll print and send this morning Dear Sir/Madam, Thank you for your response to my request under the Consumer Credit Act section 78. In your response you cannot confirm this as a true copy of the original agreement executed by yourselves. As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any signature means that a court would be prevented from enforcing it under s127(3). I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt. After this period you should close the file and cease processing an personal data relating to me on this matter. I would also like to remind you that ... under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:" I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". And as stated in pevious correspndance with yourselves there has been a period of five years where there was no knowledge or acknowledgment of the debt and the 'clock' is NOT restarted under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 Yours faithfully

haha i would have been willing to take photo's though well from what i remember of the original phone call off them the actual balance i owed was about £100, but with interest it added up to just over £500, i don't think i'll get anything back but i'll send off a combination of the SAR and the 'get stuffed it ain't enforceable' and see what comes back really appreciating the help guys - i'm finally starting to get a life

just looked back in the thread, it was a cca request i sent - what do i need to send now? a subject access? what does that do? excuse me for being thick

Hi DX i posted whatever was put on here if i signed anything it was the original back in 1997 (according to their letter, i can't remember!) i did recieve a letter earlier this week just saying that the account was on hold for 28 days while they found the information. in todays mail ( the photo's above) there is no letter heading or anything from capquest - are these the same people? and i take it you meant to type does NOT in your last sentence?

ok, update time - recieved this morning in the post photo of 'agreement' page one photo of 'agreement' page two photo of letter what do i do now? they don't seem to be listening to what i am saying please help.

haha yes he's from go debt, each time he rang before i found this board he was very officious it was nice hanging up on him

just a quick update, got a phone call yesterday from that carwin humphries guy, he started wittering on about the account on hold, i just butted in and said i had sent another letter recorded to him and he asked when, i said last week and he said he hadn't received it yet and said something it had better arrive tomorrow ? then i put the phone down.

i've sent off what i posted a couple of posts above lol you're right there, LO dx

ok just posted this recorded delivery, will keep you updated as i'm sure it ain't over yet

oooh could i really get away with sending that one word for word do you wonder? lol i'd love to!

ok thank you will reprint as realised i hadn't changed the numbers lol

oh yeah and who is the postal order made payable to please?

ok printed that out and off to post office in a short while thank you for all your help so far (and local knowledge lol). edited to have this checked! have changed 77 for 78 in both sentances is that right? Re:− Account/Reference Number 22811367 This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you. Yours faithfully

yes it is - i thought it had been paid off back in yorkshire

thanks both, i guess it'll have to go to littlewoods then when i can search the address out on the net lol

Is there a template for this? and what do i write to capquest in the mean time please?

hehe was the best rare steak with port and stilton sauce in the country

this will have to wait, i been off work sick for 12 weeks and only got half pay so skint now already

i'm pretty sure there is 42man yes, i remember paying them (and thinking i had cleared the money owed) when i lived in beeford, i moved out of there in october 2001 and i didn't start paying them until last year sometime.