Letter from Capquest old Littlewoods

[djgordyp]

Received this letter from Capquest yesterday. Admittedly I had got another letter a few days previously but decided not to bother with it as I thougt they would realize this account was over six years old. I did have a littlewoods catelogue in te early to mid ninties but can't remember if there was any outstanding debt on the account. I certainly don't recall having any letters regarding this since the year 2000

 

I apologise if the letter doesn't show up properly I'll need to get myself a decent image editor. Basically it says they will pass the account on to their solicitors and metions the baliffs and walking possesion order. In other words, it is a letter before action. Interestingly it is dated 26th March with the action date being 1st April. Am I right to assume I should send letter M from the templates library or do I need to send an S.A.R and CCA as well.

 

Being on Photobucket so hopefully this works better.

http://i213.photobucket.com/albums/cc320/djgordyx/Capquest0001.jpg

[Wikkitt]

Hi

 

They must be sending out random letters as I have already read (in the past couple of hours) 4 threads about capquest and littlewoods accounts.

 

My mum received the same letter today 29/03/08 from capquest stating that she owed 100.00 to littlewoods, The letter is dated 27/3/08 and they are saying that they will pass this on to their solicitors to commence legal action, and she must contact them by the 26/3/08.

 

She has never had a Littlewoods account, but after she phoned them (she told me this when I arrived at her home this morning), she was told that it was a debt from 1990, but she didn't even live at this address then.

 

Wikkitt

[djgordyp]

Hi

 

They must be sending out random letters as I have already read (in the past couple of hours) 4 threads about capquest and littlewoods accounts.

 

My mum received the same letter today 29/03/08 from capquest stating that she owed 100.00 to littlewoods, The letter is dated 27/3/08 and they are saying that they will pass this on to their solicitors to commence legal action, and she must contact them by the 26/3/08.

 

She has never had a Littlewoods account, but after she phoned them (she told me this when I arrived at her home this morning), she was told that it was a debt from 1990, but she didn't even live at this address then.

 

Wikkitt

 

Hi Wikkitt

 

Just came across this which should put them straight.

1 High Street,

Newtown,

Kent

R21 4RH

 

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We 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”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

 

 

 

 

However I have suggested a change here http://www.consumeractiongroup.co.uk/forum/general-knowledge/136724-suggested-change-letter.html

I am just waiting to see what others more knowledgeable than myself think of it.

 

What was there response when your mother told them she never had a Littlewoods account? It is up to them to prove she had.

I've no doubt yor mother panicked when she got the letter. However, I am following the advice given countless times and will not be phoning them. They obviously don't have a contact number for me and I certainly won't be given it to them.

[Wikkitt]

Hi djgordyp

 

Thanks will get my mum to send it to them.

 

Wikkitt

[johnharding]

A supposed former tenant of my house received this. I posted my reply here (http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136587-lba-unknown-recipient.html) but Crapquest didn't give a flying whatnot when I mentioned that it was almost certainly statue-barred under the Limitations Act.

[djgordyp]

Crapquest didn't give a flying whatnot when I mentioned that it was almost certainly statue-barred under the Limitations Act.

 

Of course they don't-until they receive the statute barred letter. They like to make out they know more than you. You should always mention the particular section of the relevant law. That should make them realise you know what you're talking about. Have fun with them

 

Do you know, I almost wish they knew my phone number. This morning I was reading the sticky about how to deal with calls from DCA's and I would just love to try it out on them.

 

Just thought of something, most of these letters say the file will be passed on to their solicitor on the 1st April. Maybe their just trying to wind us up:p I doubt it somehow, most of them probably haven't even smiled in years.

[NitrousOxide]

The letter above is for a statute barred debt.

The posters mum is saying they have no knowledge at all of this account so I believe it would be incorrect to send it.

You admit that you owe the money but it's barred when you send that letter.

They really need to send one saying they don't aknowledge any debt whatsoever.

Plus you may only link to templates, posting them is not allowed.

[rory32]

Like this one

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

[djgordyp]

The letter above is for a statute barred debt.

The posters mum is saying they have no knowledge at all of this account so I believe it would be incorrect to send it.

You admit that you owe the money but it's barred when you send that letter.

They really need to send one saying they don't aknowledge any debt whatsoever.

Plus you may only link to templates, posting them is not allowed.

 

I take your point about the letter and it is up to Capquest to prove you own the debt not the other way round from what I can gather. Either way it doesn't really matter unless the true owner of the debt had made some sort of contact within the last six years.

Anyway, Crapquest Here I come, ready or not.

 

UPDATE

Sent off the Statute Barred letter tody (tuesday). It will miss te 1st April deadline but I don't think that will make any difference anyway.

[djgordyp]

Letter was marked as delivered today. Be interesting to see if they reply.

[djgordyp]

Recieved two letters from CQ today. Both are dated 4/05/08. One says te account is on hold until the 17th and the other says it is on hold for 28 days. A bit strange but I've no doubt the second letter overrides the first. I'm sure this will be the last I hear from them anyway.