Capquest still writing to me whats my next step?

[kathleenbilly]

Hello to all looking in,

 

I'm just after some advice i had a debt with egg banking which according to my credit file my last payment default date was on August 3rd 2002

 

Given the date this is the last payment or acknowledgement made by me this default has now been removed from my credit file.

 

I wrote to Capquest who have pursured me agressively for many months i did not reply to them until August 18th 2008 with a letter stating the limitations act as you will be aware of.

 

I received a letter back from them imforming me the account is now on hold until they optain the information they said they would then write to me again within 28 days.

 

They wrote within the 28 days basically saying they are now requesting the infomation direct from egg banking and are waiting a response again they said they would write within 28 days.

 

I now have a third letter again just within the 28 days saying again they are endeavouring to obtain the required infomation from egg banking saying they are discussing the case personally and hope to resolve this matter very soon.

 

 

This is the third letter received from them since the letter sent to them back in August so its like three months and its still on going.

 

Is there anything i can do or do i have to just sit this one out and see what happens?

 

Is there any other type of letter i may be able to send to end this quickly?

[stuscfc]

Hi someone i have no doubt bealong so with what letters to send them but from personal knowledge of this lot i beleive i have had that template letter with a different credior on it.They are just trying to keep the threat up that they havent gone away but help will be at hand soon i have no doubt.

[Goldlady]

I think you have them on the run. There is nothing they can do if the debt is statute barred and they know that. I would wait and see what they come up with next, if anything.

[kathleenbilly]

So it sounds like i will have to wait this out and see where it goes....''

 

I hope there is an end to it at some point i thought after three months they should of got the information from Egg banking.

[kathleenbilly]

Is there really nothing else i can do?

 

Could i sent them a letter asking for the credit agreement.....

[42man]

Once you have put the account into dispute (with your statute barred letter), they have to prove otherwise....highly unlikely you will hear from them again (apart from the usual generic rubbish)....If they do start pursuing you again then bear in mind this is what the OFT say on statute barred debt....

 

2.14 -

b. it is the methods by which the debt is collected that can be

unfair as follows:

• 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.

[kathleenbilly]

Thanks thats an interesting statement in the meantime i going to send this letter off to them tomorrow see what they come up with in the next 14 days....''

 

Capquest Limited

October 2008

To Whom It May Concern:

Your Reference Account Number: XXXXXXXXXXXXX

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

In response to your third and latest letter dated 16th October 2008.

I now request that you send me a true copy of this alleged credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1

postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment.

4. Fair Processing Notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address any direct contact will be regarded as harassment.

As this account is in dispute, I would also draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

I look forward to hearing from you within the statutory time limit.

Yours faithfully

[havinastella]

why waste £1??

 

As 42 man has stated, the matter is already dealt with.

 

JOgs

[kathleenbilly]

Yes maybe your right but this letter gives them 14 days after which time i can at least make a complaint against them.

 

It seems since my limitation letter send back in august they can take as long as they wish by just sending a letter every month or so....where will it end. How long do they have to provide the information or close the case?

[havinastella]

I can assure you that sending for a copy of your 'CCA' will NOT stop them either.

 

DCA's do not play by the rules ever.

 

Jogs

[kathleenbilly]

OK i won't bother sending it then,

 

I'll just get on with my life as before and forget about it until the next letter i suppose.

[dpick]

Hi when you get the next letter if more than 8 weeks from when they received your statute barred letter, then ask for their complaints procedure.

 

dpick

[kathleenbilly]

Ok thanks i think it's very close to the 8 weeks the first letter i received from them was the end of August.