I am faced with a problem with a DCA - Capquest.
The amount owed is £6100.00
( They bought the debt of £5650.00 from the original creditor, Barclays Partner Finance 30/08/2011 ) .
They say that my account is being processed for legal action.
I had previously entered into a payment plan of £20 per month,
but stopped, after wondering if they actually had the correct documentation on my file, and therefore, the right to enforce it.
I issued them with a SAR request,
( they confirmed my request, but said they may not have all of the information requested,
and that I would have to go back to the original creditor for the information )
When the SAR arrived,
all there was:
A letter from the original creditor ( Barclays Partner Finance ),
saying that the debt had been bought by them ( 30/08/2011 )
+ transcripts of conversations we have had discussing payment plans
& my offer of FF payment of £2500 ( which was rejected as being to low,
they said they the lowest they would accept was £4500 ).
There was no copy of the original signed credit agreement,
nor a copy of the original default notice.
I sent a SAR to the original creditor Barclays Partner Finance,
who were able to provide the original Credit Agreement ( 19/05/07 ) + Default notice ( 27/09/2008 )
So I just wanted your advice on where to take this next.
Is the ownness on the DCA to provide the original Credit Agreement
+ Original Default Notice ( which I would imagine they would need to take legal action ) ?
How likely is it that they will follow through with the threat of a CCJ in light of them being in England, and me living in Scotland
( they would therefore need to bring the action to my local Sheriffs Office )
and the fact they have not included the original Credit Agreement + Original Default Notice in the SAR
& have already offered a generous FF settlement ?
I realize the Default on my credit file will drop off in September this year,
rendering my credit files completely clean,
I don"t want to risk spoiling this, by acquiring a CCJ,
just need your advice on what to do next & in your opinion,
are they bluffing and trying their hand by scare tactics?