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Capquest and Littlewoods Query


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Hey all, just want to say what a great resource this forum is :)

 

Anyway looking for a bit of advice in dealing with Capquest, the story goes (apoligies in advance if this post is long)

 

I received the 1st letter notifying of debt purchase from Littlewoods on 19th Feb 09

 

Sent of a letter to capquest recorded delivery on 26th Feb 09 asking for copy of credit agreement and a copy of the deeed of assignment

 

Received 2nd Letter from Capquest on 2nd March 09 with a notice of assignment of the account and saying they would send a copy of agreement and statements when they receive them from their client

 

Recieved a 3rd Letter on 3rd March 09 putting my account on hold for 28 days till the get the relevant info required

 

No correspondence till 31st July

 

I received a letter dated 31st july basicaly saying due to me not dealing with the matter the account will go to pre-litigation system

 

After being slightly angered by this i sent off another recorded deilevery letter referencing my original requests dated 26th February and telling capquest i've had no correspondance from them!!

 

anyhoo got a letter today dated 7th Aug 09 stating a copy of the agreement was sent to me direct from Littlewoods on 30th July 09

 

Now i have never received this copy of the agreement and its a bit convenient that its dated so close to their current letter and not my original request. also during their correspondance they stated they would forward me the details on the credit agreement...

 

So my question is - whats my next move? i have no copy of this agreement. any letter templates i can borrow... ;) ?

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If you have moved address, littlewoods may have sent it to your previous address, my guess is that they are bluffing, send them a letter asking for them to supply you a copy of it, if it was done properlly capquest should have got a copy at the same time as you. Don,t worry about it capquest are a bunch of cowboys! + there threat of pre lit is empty to put the frighteners on you, as this is a catalogue debt it will be passed to every cowboy debt collection agency around, the org creditors sell these on for next to nothing to these folk.

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it doesnlt matter what littlewoods have orhavenot supplied as capquest are in defalt of your request:

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial 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 you/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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

ida x

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Thanks for the info guys,

 

ida - i sent that letter template to capquest after their letter to me dated 31st July, to which they replied with Littlewoods have sent you the credit agreement on 30th July (which i never received) so i assume capquest dont have much to go on as they are in default of my original request?

 

So i've followed PCP Formulas advice and sent another letter asking for a copy of this undelivered agreement.

 

I'll keep you guys updated :)

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Well they sent me a copy of what looks like an application form, dated back in November 2000. :(

 

has my old adress and my signature, looks like i'm going to have to pay up... :(

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can you scan it and upload it to here using photobucket? (delete any personal info)

 

ida x

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you are right, this would be enforceable.

 

have you received a default notice and termination notice?

 

Ida x

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when did you last make a payment towards this account?

 

ida x

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There in lies the problem, i have no idea, its around 5 years (ish) but i'm not sure how to find out. Bearing in mind they have now given me till 23rd August to arrange payment

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ok well i would go down the statute barred route, it would be up to them to prove if it wasn't,

 

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully

Mr A N Other

 

and see what they come back with

 

ida x

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  • 2 weeks later...

Hey guys, just an update -

 

I sent the letter away (thanks Ida) on the 19th August recorded delivery, Havent received any reply yet... how long should i wait?

 

Whats my best next move?

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just wait and see if they contact you again, it's up to them to prove it isn't statutue barred

 

Ida x

 

 

prop - contact your trustee to advise them

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Morning Guys,

 

Another Update - Received a letter yesterday saying...

 

"We can confirm that the last payment made to this accounts was on 13/5/04. Therefore under Limitations act 1980 this account is not statute barrred, as a period of 6 years or more has not passed."

 

 

I thought it was 5 years in Scotland? Any advice on next step...

 

W

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numpties......

 

2 choices wait to see if they send anything else and if so report them to OFT.

 

or you can send them a letter back,

 

Thank you for your letter dated xx/xx/xx.

 

You state that the Limitation act 1980 apply. Please note, I am in resident in Scotland and The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 apply on this account.

 

Therefor a period of 5 years have passed and I am under no obligation to offer any payment to you.

 

I trust this clarifies my position

 

 

na na nah na na

 

Ida x

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Hey guys,

 

Received a response from Capquest this afternoon, it says -

 

"We can confirm that the last payment made to this account was on the 13/5/04. Therefore under the Limitations Act 1980 this account is not statute barred, as a period of five years has not passed."

 

am i missing something obvious...??

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