HELP! Student Loans Company/ CapQuest - now BCW

[tiglet]

If it's from 1997, it falls under the old style rules so i would certainly send a CCA request.

 

If they want the money in one go - TOUGH! Don't stress yourself trying to get the money together in one go - as powell said, you can send them an expenditure sheet and make them a reasonable offer based on this.

 

However, if they default on the CCA request after 12+ working days, you can withold payment until they do supply you with one. If they took you to court without one, non-complaince with a CCA request is a defence.

 

I would also write the telephone harrassment letter, if they do phone simply say "in writing only, please" and then hang up.

 

They're just trying to intimidate and bully you - don't let them.

 

They are also breaking all sorts of OFT guidelines here, so i would also report them for their breaches.

[tiglet]

This argument has been tried before - it's absolute bowlarks. Why would you pay £1400 to someone you've never heard of for a debt which could even be statute barred - when did yo last make a payment/try to defer?

 

I'm sure 98 will fall under the old rules, but not sure about 99. I'd send CCA anyway.

[tiglet]

Did you put anything in writing?

 

If not - no payments made, nothing in writing, old-style student loans = statute barred.

 

I'd fire off the statute barred letter and see what they come back with - I certainly wouldn't speak to them on the phone.

 

They probably know the debt is statute barred and so are pressuring you to pay before you realised it was.

[tiglet]

I'd just go for statute barred - it's up to them to prove it's not, not for you to prove it is.

 

Templates are here: Creditors and DCAs - Letter Templates & Budget Planner

 

The one you want is letter M.

 

I think it would be worthwhile sending the telephone harrassment letter too.

[tiglet]

Writing "I do not acknowledge any debt to your company" in big bold letters will do it.

 

Plus, once a debt is statute barred, it remains statute barred.

[tiglet]

If you send the statute barred letter off and then they prove one isn't, then you can look at the CCA route.

 

If you're not sure which one it was, i would personally send the letter for the whole account and then see what they some back with.

 

The onus is on them to prove it's not statute barred, not for you to prove it is.

[tiglet]

Indeed - but they would have to prove to a court it was not statute barred and it wouldn't look good for them if they hadn't already provided that proof to you in order to resolve this.

 

The fact they are demanding immediate payment, not prepared to accept payment terms etc. sounds to me taht they know it is statute barred, or nearly so, and are trying to get you to pay before you can think about it.

 

Just wait and see what their response is and don't forget to send recorded or special delivery so that you can prove they have received it.

[tiglet]

Just hang on and see if they refute your Statute barred allegation then.

[tiglet]

I'd do it sooner rather than later because you only ahve 6 months in which to report them (can't remember which thread I read that on, but it's stuck in my mind)

[tiglet]

Yup, sure are - juts wait for the further 30 days until they have commited an offence and then report them to TS & the OFT.

[tiglet]

1. They are in default, but if they produce it within the next 30 days, they can enforce it.

 

2. Whether they pass it back or not, they have accepted your request for the CCA, therefore they are responsible for providing it. If they do pass it over, they are in breach of OFT guidelines on debt collection - doesn't mean they won't, but it gives you a little more ammo.

[tiglet]

No probs!

 

It means they cannot persue you for the debt until such time as the CCA is produced - in other words, they ahve not as yet commited an offence by not supplying you with the CCA, but they have lost the right to press for payment until the CCA is produced.

 

If they do persue you for payment, you can contact TS & OFT to report them for breaching the act and for failing to comply with the OFT guidelines on debt collection.

[tiglet]

I'm very confused here - i thought the loan was with the student loans company?

[tiglet]

That's what i was wondering - it's certainly not a student loans document.

[tiglet]

I see what you mean, but as Knoxvillan referred to Student loans company throughout, i had rather assumed he was referring to the company, not the type of loan - hopefully he'll pop along later and clarify what is going on.

[tiglet]

go and sit on the naughty step, knoxvillan - you have confused us all thoroughly today.

[tiglet]

Sorry, i've got the photbucket site maintenance logo, so can't check at the moment and am getting my best suit on to go to court at the moment, so will ahve to check later unless someone comes along in the meantime.

[tiglet]

No, I'm hand-holding for someone else, so must go and put my make-up on!

[tiglet]

Probably a good idea to divide this into two threads so taht it doesn't get too confusing.

[tiglet]

You know you love it when I'm strict

 

I'm too tired tonight to look properly and do it justice, but I promise I will tomorrow.

[tiglet]

I didn't end up going because a silly promo girl let me down at the last minute and I had to spend all morning on the phone trying to cover her.

[tiglet]

No, they're not - send the DCA this letter:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, 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.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses 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.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[tiglet]

Can't be sure because i would find it credible taht Capquest would do anything.

 

It's not up to you to remind them of what they should be doing - you could also report Capquest to TS to OFT & TS for failing to provide the CCA and then passing on a debt while it was in dispute - you might find out that way, but I personally wouldn't bother.

[tiglet]

They should know the law - unfortunately, I agree with the godmother, that they seem to either not know or choose to ignore it.

[tiglet]

Bless them - that's kind of them.