Hi, i have a question about a DCA

[rubyg]

my partner was in debt to littlewoods catalogue a long time ago, this debt went to wescot , which we paid from over £1, 300 down to £418, this was at dec last year, wescot offered us a chance to pay a lesser amount and wipe the rest,but we did not have a lump sum at that time, we did not pay anymore after dec, basically we were having a bad time after xmas and it got forgotten about, but anyway, in june this year we got a letter from capquest who say we were owing "their clients" littlewoods, £623 !! , where did the £200 extra come from, can they do this, i have been looking on these forums and found a lot of complaints about them, i phoned them when we got the letter, and after a fight because they wanted to speak to him and he wont go on the phone, they accepted a standing order of £10 per week, but im wondering if they have the right to add on £200 , are they really acting for littlewoods, it all seems a bit iffy to me but the letter they sent was very scary,talking about walking possesion orders and all sorts, any ideas would be appreciated thank you

[dpick]

Hi send Littlewoods CCA request they wont have an agreement though they will try sending you a blank with your details hand printed on it and saying that this is your agreement(it will not be signed by you) then just tell them to bog off. The amount that you have paid will have covered the value of the good no agreement = no interest, no admin charges etc.

 

dpick

[fuzzybobble]

Typical DCA tactics. Adding on huge charges when they pass it along the collection chain.

 

If I were you, I'd send the lastest DCA a CCA request. It's very unlikely that Littlewoods have the CCA that makes the debt enforceable. I've never met anyone yet who has.

 

After they fail to provide the agreement, it's up to you if you want to pay them or not. Or you could offer them £50 as full and final settlement. The choice is yours.

 

Oh, and don't speak to them on the phone. Insist that everything is kept in writing. This stops them from bullying you, and the usual tricks that DCA's try to intimidate you.

[rubyg]

Thanks , i will send the letter and see what happens

[fuzzybobble]

When you send the letter send by recorded delivery, so you know when it was delivered on the Royal Mail website. Print your name on the letter and don't sign it. DCA's have in the past used photoshop to add signatures to blank ageements.

 

They have 12 working days to comply with the CCA request. After that you can stop payments as the account is now in dispute.

They will try sending threats of court, etc if you don't pay.But they know full well that without a CCA they cannot enforce the debt.

 

Good luck.

[rubyg]

Hi i have now recived a letter from HL Legal saying a doorstep collector will call to collect the amount due and to compile a property / asset report to assist any future legal action, what will i do now, they dont mention th requested CCA

[fuzzybobble]

HL Legal are actually Capquest pretending to be solicitors. Looks like they're trying to scare you. You can ignore it, if the CCA request has been delivered.

 

I usually write back pointing out they're in breach of OFT guidelines by continuing collection activities while an account is in dispute.

Tell them that you will not correspond with them further until an enforceable CCA is produced.

[dpick]

Hi i have now recived a letter from HL Legal saying a doorstep collector will call to collect the amount due and to compile a property / asset report to assist any future legal action, what will i do now, they dont mention th requested CCA

 

They can say what SH*T they like they have no right to visit you nor to ask to compile any list send them this.

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

 

 

all the best dpick

[fuzzybobble]

Capquest never send people anyway.

You should see the amount of tea and biscuits I've wasted waiting for them to show up.

[easter bunny]

Only a thought but having been harrassed by receiving numerous phonecalls from Blair Oliver and Scot and Nationwide I saved the phone number so that it would show up when they rang. Also subscribed to BT choose to refuse £3.95 month and managed to barr them when they next phoned. Useful but expensive but satisfying to know that I had peace of mind and that they could not get through. I also had letters saying Mr Green would come around on a said date but he never did. I also sent a letter mentioned above to Blair Oliver and Scot. Dont lose heart their are a lot of brilliant ideas and people on this site.

[dpick]

I just love Mr Green and Mr Brown they must be in hundreds of places at the same time every days. PRATS

 

dpick

[rubyg]

Thanks for all the replys, ive printed dpick's letter and will post in the morning, the CCA request was delivered on 26th aug

[rubyg]

me again, i have recieved a letter from capquest again, this one says that "further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required"

"if you have any proof of payments or correspondance that would assit with your query, please forward these documents, with a brief covering letter, to our collections department, so that we can resolve this matter as soon as possible"

they recived my CCA request on 26th aug so i should have this by 11th september i think,if it even exists, i dont remember him ever getting an agreement to sign, so will i still wait on this and see if it comes? Thank you

[42man]

Don't send them anything at this stage, you have made a bona-fide request for your agreement, whilst they haven't sent it to you, they remain in default of your request....!!

[MARTIN3030]

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

[rubyg]

Hi , me again, the capquest CCA request was posted on 22nd aug and delivered to them on 26th aug, its now 15 days since and i have not had any communication since the last letter they sent saying my account was on hold, so what do i do now please?

[42man]

Wait to see if they produce anything, they are now in default of your request....

 

Let us know if you hear anything else....

[rubyg]

I have recieved this letter this morning, it basically says they do not have a copy of an executed agreement,they have sent me a copy of a standard , unsigned agreement ,what now please, thanks,ive attached an image but when i checked it is a lot smaller than it is when i view it on pc,how do i get it on here so you can actually read it ?

Edited September 27, 2008 by rubyg

[dpick]

I have recieved this letter this morning, it basically says they do not have a copy of an executed agreement,they have sent me a copy of a standard , unsigned agreement ,what now please, thanks,ive attached an image but when i checked it is a lot smaller than it is when i view it on pc,how do i get it on here so you can actually read it ?

 

 

Hi I have been at this point with three creditors two treated me like **** I told them no agreement = no debt and to bugger off. The other one had treated me with respect so I treated them the same I advised them that the debt was unenforceable as there was no agreement but as they had treated me with respect I would pay the balance less the interest applied to the account so that I had paid for all goods they had supplied.

 

dpick