old HFC Credit Card 'debt'

[woody1066]

Usual story, got letters, postcards, more letters and a couple more postcrds from capquest demanding that I contact them regarding an old HFC credit card debt.

 

I sent them the standard show me the CCA letter and they sent me the standard "your account has been placed on hold for 28 days while we investigate" letter.

 

28 days has now been and gone and this morning I got 2 identical letters from them stating that they are still awaiting a response from HFC and that they have frozen my account for a further 28 days while they investigate.

 

Any tips or suggestions on what I should do next?

[woody1066]

Sorry mods can you please move this to a more relevant part of the forum

 

many thanks

[noomill060]

Do nowt until they come up with your CCA.

 

(You may have a long wait!)

[MARTIN3030]

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

[woody1066]

Had an old HFC crdit card debt which was sold to capquest. Received the usual threatograms from them so (after reading this wonderful site) sent them a CCA request. This was in August. I had a letter from them stating that they were writing to HFC etc and that they would put my account on hold until they received this.

 

Got in this evening to find a letter from HL legal with the usual threats of court and that they would be adding interst daily and that failure to reply would cost me a CCJ or my firstborn child or some such cack.

 

What do you legal eagles advise as to my next step (I have already downloaded the OFT complaint form), Should I igonre it and hope for a court date or should I send them the standard bemused letter?

[citizenB]

I am not a banana, however I would say yes.. send the bemused letter.

 

Also, send bankfodders letter to the OFT amend to suit..

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

 

Also, the following link might give you some ideas for later should CapQuest continue with their little mind games.

 

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

[woody1066]

Ok complaint ready to go to FOS and letter demanding full disclosure (see below) off to crapquest.

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have beed duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[citizenB]

Woody, the letter in post 58 in the link below might be a bit more powerful. Amend it where necessary ie dates and names. The letter you have above isnt really relevant in all areas and could be construed as your attempting to get an S.A.R - (Subject Access Request) on the cheap. At this stage you just want to see if they have an agreement and to get this crowd off your back. You should be sending this to HL Legal, if it is they who are saying they will start the legal process. Copy it to CapQuest only.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/156429-lexis200-hbos-blair-oliver-3.html#post1800199

Edited November 6, 2008 by citizenB

[woody1066]

Ok thanks for the advice I have sent the ammended letter.

 

Thanks for the help

[huggy41]

oh i see another kevin bl**dy wilson fan

[woody1066]

All down to fuzzy's latest video production

[huggy41]

All down to fuzzy's latest video production

 

this is the web i put everything on thats from us here at cag funny page

[woody1066]

I have just received a threatogram from Muck Hall with regards to a very old HFC debt. I am fairly convinced that this debt is staute barred but need to know how to find out if it is.

 

How do I go about finding this out? I am currrently unemployed and do not receive any benefit so I dont really want to be paying for SAR's

[unclebulgaria67]

Why not just send them the statute barred letter and it is then up to Mucky to prove otherwise. Unless Mucky have proof that it is not SB'd, per OFT rules, they have to stop contacting you. This way Mucky provide the relevant info at their cost and not yours. If they come back with details of payment within 6 years, then you would submit a CCA request.

 

I would do this and just get proof of sending the letter from the post office. I would not bother sending recorded or sending them a CCA or SAR request.

[dx100uk]

or check you credit ref file

checkmyfile site

 

dx

[victoria_siempre]

Hi dx

 

As an aside, Experian works OK, Equifax wanted a copy of my passport and an additional £1.60 to post it (nice chap from the Philippines call centre) and CallCredit on-line reject my Visa debit card. I am pursuing paper requests but just thought you might be interested.

 

x

 

v

[woody1066]

I have checked my credit file and it doesnt show on there at all. Statute barred letter on its way. Will keep you informed of any developments

[theratboy]

I have got rid of Mackenzie Hall twice when they have been sending threat-o-grams regarding statute barred debts. I just emailed them as i didn't think they were worth a stamp and got this as a reply. Easy and i have heard no more from them or anyone for that matter.

 

Please be advised that this file has now been closed and returned to our client for their further consideration. Mackenzie Hall shall act no further in this matter.

[woody1066]

They have written back stating that it is not statute barred but give no further details. What is the next step?

[victoria_siempre]

Hi woody

 

Always answer a question with a question in a double negative.

 

I should be grateful if you would provide in writing why you would believe that which I believe to be true is not in fact true.

 

x

 

v

Edited March 12, 2012 by victoria_siempre
typo

[dx100uk]

its for them to prove its not sb'ed

not for you to prove it IS

 

dx

[victoria_siempre]

Quite dx

 

I was probably being overly polite.

 

x

 

v

[woody1066]

So what do i do?

[dx100uk]

nothing

 

dx

[woody1066]

Consider it done