Capquest cca

[matty2303]

Could someone help please, 18/2/08 i cca'd scotcall for a debt they were collecting on behalf of capquest for a debt they purchased off halifax!

On 7/03/08 i recieved a reply off scotcall saying they were unable to find a cca so would return it to capquest immediately.

On 24/6 capquest wrote to me giving me 7 days to pay in full or they will issue a statutory demand , how should i reply being as scotcall have already told me there is not credit agreement for this account and i am recieving calls daily from them.Thanks in advance

[babybear39]

Send this recorded to crapquest, amend to suit including that you have already CCA'd scotcall:

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

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 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

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

 

If the creditor 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 this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially 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 as 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 not respond within 14 days I 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 applies.

 

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

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

* You may not pass the account to a third party.

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

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

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[23sopwith]

i had exactly the same provlem with crapquest this last week

it stems from uncle brians failure to reply to a cca request way back.

2 letters from them

ist one states its ok for them to persue debt as they were instructed after carter.

2nd states account put on hold whilst they contact their clients.

 

yes they have had the account in dispute letter and carter has had his letter reminding him of his legal responsibility.

must be silly season for dcas

[PGH7447]

Its silly season all year for these muppets

[matty2303]

ive got the reply off to them today we'll see what happens thanks for the help

[PGH7447]

ive got the reply off to them today we'll see what happens thanks for the help

 

and the reply was?, remember your experience with these people could well help someone else in the same boat

[matty2303]

an update to this post capquest have written back a brief of what they replied,

 

On march the 27th scotcall returned your account to us as they were not in possesion of a cca for this account , they also returned your payment of £1 as a goodwill gesture.

Due to not recieving your £1 fee we are not legally bound to supply you with a copy of the agreement , however we have requested a copy of it from halifax.We are confused by the nature of your dispute please provide more information.

 

 

Now do i sit back and wait? surely they cannot simply return your payment and then say they have no obligation to provide a CCA , thanks in advance

[babybear39]

Their obligation is the same as scotcall and they know it. Don't be fobbed off, they're fibbing to you

 

They've kindly provided you with a letter of proof that you made the request, so sit back and wait

[ScarletPimpernel]

 

On march the 27th scotcall returned your account to us as they were not in possesion of a cca for this account , they also returned your payment of £1 as a goodwill gesture.

Due to not recieving your £1 fee we are not legally bound to supply you with a copy of the agreement , however we have requested a copy of it from halifax.We are confused by the nature of your dispute please provide more information.

 

 

Disingenuous at best, misleading and against CPUTR at worst.

 

You could just sit and wait, but I'd be tempted to mock them:

 

Dear Sirs

 

Thank you for your letter dated xxxxx, from which I was sorry to read of your confusion regarding the nature of my dispute. I am surprised that you appear to have such a weak grasp of legislation which is fundamental to your business.

 

On (date), I made a formal request to Scotcall pursuant to s.78 of the Consumer Credit Act 1974. Scotcall were obliged, by s.175 of the Act, to pass it to the original creditor. Subsequently, Scotcall confirmed that they were unable to comply and rightly returned the statutory fee. Because of the failure to comply, the provisions of s.78(6) apply.

 

In the circumstances, your letter of (date) demanding payment is unlawful by virtue of s.78(6), and your threat of a Statutory Demand is contrary to s.7(2)e of the Consumer Protection from Unfair Trading Regulations 2008.

 

I trust that the above explanation is in simple enough terms for you to understand. Should you continue to be confused, you should seek professional advice.

[matty2303]

thanks for the replies chaps most helpfull will update in due course

[matty2303]

now an update , after 6 months i have now recieved this

could anyone tell me if this is enforcable thankyou

[Captain Spaulding]

The image does not work

[Captain Spaulding]

Much better. I would say that the page on its own does not contain the prescribed terms applicable to a running credit agreement.

 

Is that all they sent?

[matty2303]

yes that is all that came no terms or anything else

[Captain Spaulding]

Oh dear... for them!

 

You can choose to either contact them and let them know they have not supplied a fully executed agreement or you can just hang back and watch their next move...

[babybear39]

I agree with CS...No prescribed terms. Oh dear

[matty2303]

thankyou for the replies i thought something was amiss being as it took them 6 months to reply !

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html