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No replys from capquest cca requested


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Hi guys ,

 

I’m new to requesting info from people like capquest and would like to know if I should send this 2nd letter?????? I have looked around on the the site and seen posts which make me think that I should send. See but I am a firm believer in confirming things before rushing in.

 

Please see below after reading 2nd letter.

 

Capquest Debt Recovery Ltd

Fleet 27

Rye Close

Fleet Hampshire

GU51 2QQDear

Sir/Madam,

 

With reference to my previous letters, I wish to draw your attention to your company's lack of compliance with my legal request On 12/01/09 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.You have failed to comply with my request, and as such the account entered default. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both Argos and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.[/font]

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your 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 reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response

 

 

I have requested a copy of my CCA by sending the below letter which was send 12/01/09 recorded delivery. I have not received any of the requested & I would like to know if the above letter should be sent??? Please help???

 

Capquest Debt Recovery LtdRye Close

Fleet

Hampshire

GU51 2QQ

07/01/09

Dear Sir / Madam

 

Re: Account No:

H L Legal Solicitors Ref Number

With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days. I also understand that under the Consumer Credit Act 1974, 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. I look forward to hearing from you.

 

Yours faithfully

my name

Edited by whitelion121
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