Capquest/ Letter Re: Purchased Debt

[losingwilltolive]

Yes - I have SAR them (EGG) yesterday-

Not sure how to go about trying to negotiate with them-some of the amount is already dispute-

 

42Man- do you have a letter that covers both discussing a repayment plan with them but at the same time making it 100% clear that some of the amount claimed is in dispute.

Furthermore- i know of all the letters reqiuesting statements,CCA,SAR etc-but is there a letter that simply 'disputes the amount claimed only'

Thanks again

PS/ It's a real pain that i now find that i will end up having to work along side these people in order to come to an arrangement

[losingwilltolive]

Just Bumping this to see if any further advive Re: my last post on 5th Dec

[ScabHunter]

Don't take any notice of the time limits on these templated threats. They are always seven days, and it is always irrelevant.

 

I would very strongly advise against sending any letter discussing a repayment plan, or a letter which "disputes the amount only". Such a letter would definitely be construed as a written acknowledgement of the alleged debt.

 

You say the document you have been sent is the same as that in the thread you have linked to. There are some issues with this, as you can read in the thread. Also, there is the fact that the agreement here is from July 2003, whereas yours is older. If they have a legible agreement to copy, why have they sent you this illegible copy? It must be at least possible that some documents have been destroyed in the meantime.

 

What exactly did the letter say which gave you the ubiquitous seven days? Was it a formal Letter Before Action, or just a templated threat from a machine?

 

If it was a templated threat, just wait for the next one. Every day that goes by puts you closer to the information you desperately need - the date of the last payment. If and when you need to respond, just quote the information given above about illegible agreements. You need to at least challenge them on this - we don't know yet that they even hold an original agreement from 2000.

 

Also, you have only posted up one page, what else have they sent you?

 

SH

[ODC]

I cannot understand why they have threatened bankruptcy when if they had a good solid case a CCJ would be the way to go to ensure they get all their blood money. If they make you bankrupt they risk only getting a percentage of what they claim you owe. I would definately hit them with the fact that what they sent you is illegible and really could say anything.

 

As SH do not be alarmed by their 7 days as this is typical of all DCAs and is designed to CON you into contacting them.

 

Its too early to start negotiating with them about any payment plan

[losingwilltolive]

Hi- An update and not that good-

Recd. by registered post a Stat demand

Have 18 days to do something- please can anyone advice

PS/ aprt from those statements sent to me few weeks back i have heard nothing more regarding my actual query & SAR- I have asked for copies of all correspondece i'd made since 2002 and also proof of credits

help needed in dealing with this

Thanks

[bazaar]

Hi , Following with interest.

As 42Man has told you earlier, send them the letter for illegible CCA,

[losingwilltolive]

yes--did that last week, but have noticed that they don't seem to deal with my queries and just simply march on and issue their legal letters

[bazaar]

Of course they will ignore you, its all part of the game. They have up til now only threatened you.

Their 'legal' letters are only letters of threat to get you to fold.

You have made truly legal requests for information using the advise from this site, you've paid the correct fee as well.

Now, if they go properly legal and issue court proceedings, then you have all this evidence that you have tried to resolve this matter amicably through your legal requests for information. To date, they haven't complied.

When and IF it gets to actual court summons, then there is a very powerful letter using the CPR rules, which will also go in your favour. That will include actual sight of the agreement they will rely on in court.

It looks like they are trying everything to frighten you.

But stick to it, DO NOT ACKNOWLEDGE anything of this account, DO NOT offer any payments. They have started threatening you but the burden of proof is on them to provide the goods as it were.

How long did you give them to respond to your request for a legible copy of the 'Agreement'

[ScabHunter]

OK losingwilltolive I have just read through the last few posts, and I see you have received a statutory demand. Well done for posting nice and early so we can prepare to get this set aside.

 

Their tactics don't make any sense. As ODC says, if they have a cast iron case why do they not go for a CCJ? And if they are going to try to make you bankrupt, why can they not be bothered to use a process server to serve the statutory demand properly?

 

Do not worry. You don't have an abundance of time, but because we know about this in good time we certainly have enough. I will post some links for you in a minute.

 

SH

[losingwilltolive]

Thanks for the support- look forward to receiving continued assistance and will keep you informed

Re: 2nd request for legible copy of CCA- i gave them 7 days( not sure if id did right or wrong)

[ODC]

As long as you made a formal request for a CCA which they are now in clear default of there is no need for you to remind them of their Legal Obligations. They are the so called professionals and as such should know their Legal Obligations. Obviously they do not or they would have attempted personal service of the SD rather than posting it. I would be inclined to ask for a sworn affadavit from them as to how and when they attempted personal service. The failure to supply a valid CCA is a good reason to have the SD SET ASIDE. What response did they give when you told them the alleged debt was Statute Barred??? Have they prvided any proof that its not.

[ScabHunter]

The Insovency Helpline site is a good one to read for background information into statutory demands. This is a good place to start -

 

Legal Issues Explained - Statutory Demand

 

Download forms 6.4 and 6.5 from the Insolvency website, as these are the ones you will have to fill in. Have a good read through and prepare in your mind what you are going to write -

 

Forms

 

I am assuming you are in England or Wales. If you are in Scotland or NI just shout, and we can get some help for you from experienced people who live in these jurisdictions.

 

Finally, here is a post with an example of how you claim your costs, which you will want to do.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133960-1st-credit-failure-produce-2.html#post1583927

 

Any questions, just ask. Hopefully 42man will see this thread and provide some more links. There are posts which actually have the full application written out, and yours will be very similar to these.

 

SH

[losingwilltolive]

Thanks again-

to answer some of the questions:

 

although they had supplied a CCA just outside the 12+2 days-

i am still awaiting for a copy which is 100% legible

 

they have most certainly not attempted 'personal service' of stat demand- it came by registered/signed for post

 

they are sure that debt is not statute barred and have refered me to statements they had previously sent- i know that these mau well be dodgy statements but i also know that i made last payment approx 4/5 years ago- althye they have not provided proof of this- could i ask them to prove to me that these payemnets were made on account oin 2003??

Thanks

[bazaar]

Youve asked EGG for the accounts via the SAR, you'll have to wait until you receive the correct details from them.

Your position is quite clear, you are awaiting details from Egg, you are also awaiting a legible True copy of the so called agreement.

At the very least this account is in dispute until they give you the correct documentation, so I thought they couldnt carry on collection activity until the dispute is resolved, please someone correct me if I am wrong.

It sounds to me that whatever you do, they will go right to the wire this.

When they issue court proceedings, thats when you put the boot in

[bazaar]

Read this thread too, it'll give you some hope for the set aside

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133960-1st-credit-failure-produce-2.html

[ScabHunter]

I have seen the CCA they sent you, and it almost completely illegible.

 

The service by post won't be a reason by itself to get the demand set aside, but it does call in to question how serious they are. More importantly, is there a name of someone to contact on the demand itself? There must be, for it to be valid. You should try getting through to this person a few times, as often you cannot do so. If the person is not a valid contact you can reach, that invalidates the statutory demand.

 

Have a look at this thread, which has the basis of what you will need to include on your forms. It will need amending slightly as the circumstances are not exactly the same, but it will give you a good basis to work from -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172430-statutory-demand.html

 

The alleged debt may or may not be statute barred - we just don't know. How do you know you made a payment 4/5 years ago? The computer printouts from cq had it at Feb 2004 - surely it is unlikely that it would be more recent than this? Why would they artificially move the date of the last payment backwards? That wouldn't make sense. It is, of course, pitiful that they have taken this action while you are waiting on the results of your SAR. As of now, the alleged debt is in dispute not only due to the lack of a legible CCA, but also pending the results of a SAR which may show that the alleged debt is statute barred, and will almost certainly show multiple unlawful charges.

 

I don't suppose you know whether you ever received a valid notice of assignment from Egg when cq picked this up, or whether a valid default notice was issued?

 

I am still trying to work their tactics out. Why are they taking this action having only supplied an illegible copy of the agreement? Surely they would have a better chance with a legible copy? Why are they using the insolvency process instead of trying to get a CCJ? Why are they striking now? Could it be that they are striking out prematurely because they don't want you to have the SAR information? Beacause there is something in there which will be useful to you?

 

Could it be that they are trying to frighten you with insolvency because they know that if they went for a CCJ they would have to produce documents under the Civil Procedure Rules, and they would be found wanting?

 

They have supplied an illegible copy of the agreement. If they have a proper, valid, legible original, why do they not issue a court claim and then produce that original in court? Could it just be that no such original exists?

 

Whatever the situation here, there are more than enough questions to keep fighting your corner. And, all the time they are messing around with frivolous statutory demands, the clock is ticking. The 40 days for Egg to comply with your SAR are running out, and whatever the SB date may be, it is inevitably drawing closer.

 

SH

 

PS Hello guests! Or should I say CrapGuests from CapQuest?

[scooby3408]

Just Having a look at this thread, any update on this losingwilltolive hope all has gone good