Nakered v capQuest

[Nakered]

Hello all!

It's been a while, but here I am again, on the ponce for some (more) help! -

 

First things first - let me give you all a bit of background. The original debt was with Clydesdale, I requested a CCA from them, but never got any reply (all deadlines passed without any correspondence forthcoming)

I then started to receive letters from capQuest stating that they have purchased the debt from "Barclays Partner Finance formerly Clydesdale"

 

As I hadn't received any correspondence from Clydesdale (re. CCA), I just ignored the usual threats from capQuest. This is where I'm at now.

I was sent a letter from capQuest today (27th Mar) stating that they are now going to issue me with a Statutory Demand.

 

Shall I just send a letter asking capQuest to prove that the debt is mine (another CCA request?) or shall I "set aside" the statutory demand using the "do not acknowledge the debt" scenario.

 

Any advice would be gratefully acknowledged!

Thanks

(If some of this post doesn't sound grammatically correct, i'm sorry, it's late, and i'm past my beddy byes time!)

Nakered -

[BrandiBroke]

Hi there, as the account is in dispute with Clydesdale I believe this is the letter, courtesy of Curlyben, that you need to send crapquest

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

Edit to suit!

[Guest Old_andrew2018]

Hi

First thing I will say is I am no expert, I have read around the forums and advice I seen frequently is not to ignore STATUTORY DEMANDS,

I am sure you know this already, so please don't think I am trying to teach my grandmother to suck eggs, this is the link to advice from TOMTERM8

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/108949-short-warning-thread.html#post1055474

Also I am sure more experienced members will be along to advise

Regards

Andy

[Nakered]

Thanks for the info folks, but is there anything else that may be of use too?

 

Thanks again -

[rory32]

Shall I just send a letter asking capQuest to prove that the debt is mine (another CCA request?) or shall I "set aside" the statutory demand using the "do not acknowledge the debt" scenario.

 

You can't set aside an SD before it has been issued, at the moment you'll have to wait and see if they do actually issue one. Regarding the CCA request you simply need to inform Capquest that you sent one to Clydesdale on such and such a date. As the account currently stands it is unenforceable and any action will be considered as vexatious.

[Nakered]

So rory32, in my case, i'll just have to send a letter informing them of a (expired) CCA request, and hopefully that will make them think twice about issuing me with a Statutory Demand. (they are due to issue me with one, on or around 2nd April 08)

Any ideas about how to lay the letter out? - thanks

[rory32]

Dear Sir/Madam,

Re Account No: 4779170210394369

Thank you for your letter dated xxxx 2008 in which you inform me of possible action being taken against myself.

I would however refer you to my letter sent your client on (DATE), delivered (DATE), VIA RECORDED DELIVERY in which I requested a true copy of the credit agreement.

To date your client has failed to acknowledge this request in any way, whether by confirmation of receipt of the letters or by supplying the requested document. The document I requested should be readily available as proof of your legal right to collect this account.

In my letter of the (DATE) I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 78(1) of the Consumer Credit Act 1974. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account.

The Consumer Credit Act allows 12 working days for a request for a true copy of the credit agreement to be carried out before your client entered into a default situation. If the request is not satisfied after a further 30 calendar days, your client commits a summary criminal offence. These time limits expired on (DATE) and (DATE).

 

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 2nd (DATE) this account became unenforceable at law.

As your client has FAILED to comply with a request for a true, signed copy of the said agreement, and any other relevant documents mentioned in it and FAILED to send a full statement of the account any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful HARASSMENT.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply:

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to the account.

You may not pass the account to any third party.

You may not register any information in respect of the account with any of the credit reference agencies.

You may not issue a default notice related to the account.

I shall of course report your actions and those of your client to any such regulatory authorities as I see fit. Please also consider this letter as a formal complaint and forward me a copy of your companies complaints procedure.

I trust this clarifies the matter for you.

Yours faithfully

...

[Nakered]

Would it be wise to state at the top of the letter that "I do not recognise the debt" or summink like that? also, should I put in the letter about reporting them to OFT and FOS too?

[rory32]

Would it be wise to state at the top of the letter that "I do not recognise the debt" or summink like that?

Doesn't really matter. If it makes you more comfortable then by all means put I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY at the top of it.

also, should I put in the letter about reporting them to OFT and FOS too?

Again if you want to then do. They know who you are going to report them to. The OFT do not deal with individual complaints and the FOS will only deal with your complaint if you have exhausted the DCA's complaints procedure.

[Nakered]

Just a quick note, CapQuest have sent a reply to the letter I sent them (thanks rory32) They say that the account is on "hold" for 28 days until they investigate further. I don't rate their chances, seeing as the original account holders, Clydesdale, couldn't produce the CCA! What I failed to tell you all, was that the original CCA request was in February..... 2007! Also the account has moved between Clydesdale (Now Barclays) AIC and now capQuest. I'll give them their 28 days, but the clocks ticking, watch this space! Nakered

[Nakered]

UPDATE

 

I've just received a letter from Crapquest, with a photocopy of my CCA(!) and account details, it looks legit.

Date and signed, correct APR details.

Looks like they have finally have me "banged to rights"

 

The only thing i'm unhappy about, is that it's taken them so long, various requests and deadlines have long sinced passed. The date between them investigating my complaint, (even though I set them a target date) to them actually replying was over two months. Is there any other delaying tactics I could use?

Any thoughts would be greatly appreciated

 

Thanks

[Guest Old_andrew2018]

you could up-load the correspondence after removing any personal infor, I am sure on of the experts will look at it

 

Andy

[Nakered]

you could up-load the correspondence after removing any personal infor, I am sure on of the experts will look at it

 

Andy

 

The actual letter they sent doesn't say much, just asking me to get in contact about setting up a payment scheme.

Yah Boo! -

[Pinky69]

Is it possible for you to upload the "agreement", taking out your personal details?

[Nakered]

Is it possible for you to upload the "agreement", taking out your personal details?

 

 

Okey doke, i'll have to dig me scanner out! - lol

[Nakered]

Hello again!

 

Just a quick update - Today, I have received ANOTHER statutory demand for bankruptcy from Capquest. (22/01/09)

Again, do I wait until the demand has been served before I can set it aside?

It looks like a well laid out form, made to scare me into action.

 

What do you peeps think?

[rory32]

Is this just a letter stating they will issue one or is it the actual statutory demand?

 

Either way I would make a complaint to the OFT.

[Nakered]

Is this just a letter stating they will issue one or is it the actual statutory demand?

 

Either way I would make a complaint to the OFT.

 

It's difficult to say, the letter is laid out to look like a statutory demand.

Should the demand have a court stamp or mark on it? because this one doesn't - hmmmm smells a bit, I must say!

[scampy]

Nakered send it to the times newspaper link on the stickies

they want evidence of alleged wrong doing by capquest and are building up a report to be made public in the very near future.

 

Been told by some journalist friends that some directors of some dca's will be arrested soon for illegal practices soem of the offences carrying stiff jail sentences

[Nakered]

Nakered send it to the times newspaper link on the stickies

they want evidence of alleged wrong doing by capquest and are building up a report to be made public in the very near future.

 

Been told by some journalist friends that some directors of some dca's will be arrested soon for illegal practices soem of the offences carrying stiff jail sentences

 

 

Hmmmmm! how in-te-resting! just might do that methinks!