capQuest/Littlewoods - Statute Barred

[mollyr0x]

I sent the letter off last week, and got a reply today.

They said they account is on hold while under investigation.

'We look forward to hearing from you'

 

Hmm wont be hearing very much from me! Or should I write back saying please confirm you will not be selling the debt on?

[alfwithhair]

I would hold fire and give them chance to investigate, then when you have recieved their final response, if you ever do, we can take it from there

[mollyr0x]

Ahh so thats not final, I have filed it (Properly, not in the bin)

 

Thanks for the reply.

[alfwithhair]

Just as a matter of interest is it Littlewoods themselves who are trying to collect on a statue barred debt, as that seems a little strange, it would have thought that after 6 years the debt would have well 'left the building'

 

Or is it some DCA that is trying to collect?

[mollyr0x]

It is capQuest that have sent the request of payment, and whom I sent the statute barred letter to.

[alfwithhair]

As I suspected, I presume this debt has been through numerous other collection agencies during the last six year then.

[leothelioncub]

have had exactly the same reply through the same company DCA (crapquest) and littlewoods..not to worry...lets get them roll on the 28 days!

[mollyr0x]

I was not aware they had 28days to comply to it? I thought that was it.

[leothelioncub]

thats what they said in the letter though i reckon its just an excuse to buy for time which they dont have....don't worry, im sure someone more experienced will confirm this

[clemma]

Just hold back until you receive something from them. If you receive nothing within 12+2 working days of posting the CCA request to them, then you need to send the dispute letter to them. They can send the CCA (if one exists, of that I am doubtful) whenever BUT they are in default of your request after the 12+2 days are up. This means you can with hold payments and they are unable to take ANY action against you (they will try though).

 

This is the dispute letter you need if you receive NO agreement from them:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

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 your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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 credit agreement is a very clear dispute and as such the following applies.

 

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

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

* You may not pass the account to a third party.

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

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

 

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

 

If they do send something to you, then come back here. If you can, scan and post (removing personal details) what they send. Depending on what they may send, depends on which letter you need.