old debt with littlewoods now gone to Capquest

[manf]

Hi guys I haven,t been on here since last year..... re my littlewoods account of 8 years ago. I had a battle with Ruthbridge they stopped contacting me now on Saturday I had a lovely letter from Capquest saying I owe them 2 and a half grand I have forgotton what to do now please can someone give me advice please

 

Oh yeah I hope some old faces are still on here if they are Hi guys.....

and its so good to be back

[42man]

Did you ever send a CCA request to Ruthbridge ? any chance the debt might be statute barred ? any chance they may owe you more than you owe them in excessive penalty charges ?

 

If you sent Ruthbridge a CCA request for this account then send this to CQ

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[manf]

thanks 42Man Ive just read the letter again and they say they have sold the debt to Capquest so shall I still send them the letter you posted to me??????

thanks hun

[42man]

Wooo selling the debt whilst it was disputed that's a bit naughty...did you ever send a CCA request ?

[manf]

yeah I did but all they done was kept ringing for a little while then sent me a letter saying I had to go to court then it went dead quiet but now it has resurfaced but with Capquest SO wot to do then hun shall I just send them that letter!!!!!!!!!!

thanks for all your advice hun

do i just send it by recorded delivery???????

[ODC]

manf I answered your PM

[42man]

Send it recorded.....yes, if you have made the request for the agreement and it wasn't complied with AND it was passed on again send the letter above to the new 'owner/collector'

[manf]

I will do tomorrow 42man thank you

wish me luck I have to plug my printer in ha ha

all of you guys are brill

thank you so much;)

[ODC]

Sound advice there from 42 man. Get the 'bemused' letter above off to Crapquest. Let them take it up with Ruthless

[manf]

Morning all Just to let you know I have just sent the bemused letter off tp Capquest and kept a copy so now its a wait and see game

once again thanks for all your help;)

[manf]

Morning all I wonder if someone can help me I had another letter from Capquest saying that they havent heard from me i sent off a bemused letter to them and know I have until the 18th feb to ring them blah blah then they are going to pass this over to a solicitor and start legal proceddings which will include e debt collector coming to the house I am now getting really worried please help me

thanks

[ODC]

Do not worry about Crapquest and their empty threats. Have you sent them the do not darken my doorstep letter. They will probably send you another letter this time from their in-house Solicitors for rent

[IdaInFife]

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, 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 do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

 

Ida x

[manf]

so odc what letter do I need to send now then the one above ????????????