Think i done a boo boo :(

[katpuss]

Don't bother to contact capquest, there's nothing they can do at the moment as you are disputing the debt.

[cerberusalert]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca to the original creditor.

 

Tell Capquest you want a statement of account for the past 9 years, remind them that they have to prove that there isn't a 5 year gap in payments.

[tugmistress]

thanks both,

i guess it'll have to go to littlewoods then when i can search the address out on the net lol

[cerberusalert]

Is this a catalogue debt?

[tugmistress]

yes it is - i thought it had been paid off back in yorkshire

[cerberusalert]

Save your £10, send Capquest this instead http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter and if they provide an enforceable agreement I'll bare my ass in the church of St Leonard in Beeford.

[tugmistress]

ok printed that out and off to post office in a short while

thank you for all your help so far (and local knowledge lol).

 

edited to have this checked! have changed 77 for 78 in both sentances is that right?

 

Re:− Account/Reference Number 22811367

 

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

Edited August 20, 2009 by tugmistress

[tugmistress]

oh yeah and who is the postal order made payable to please?

[cerberusalert]

oh yeah and who is the postal order made payable to please?

 

The letter's fine. I never bother filling in the details in a PO in case they send it back....you can reuse it then.

 

Send it recorded delivery and don't sign the request.

[tugmistress]

ok thank you

will reprint as realised i hadn't changed the numbers lol

[ODC]

Save the tenner and send them a CCA request. It only costs a quid and will have the same result because they will never be able to produce a properly executed CCA from Littlewoods.

[ODC]

ok had a reply today

 

Dear Mrs XXXX

our client : littlewoods finance company limited

ac no XXXXXXX

balance £498.32

 

we thank you for your correspondance and respond as follows

 

we can confirm that the last payment made to this account was on 3rd august 09. therefore under the limitations act 1980 this account is not statute barred, as a period of five years or more has not passed.

 

Payment is now due in full. Please contact us on XXXXX to arrange immediate repayments

 

 

.........

 

 

ok they obviously didn't read the letter right so what do i write back please?

help

 

Dear Cretins

 

If you had read my letter correctly you would realise that I didnt mention the Limitation Act 1980 as it doesnt apply here in Scotland.

 

I referred you to The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6. This debt had been extinguished prior to me being browbeaten into making any payment to you.

 

yours etc

[tugmistress]

oooh could i really get away with sending that one word for word do you wonder? lol i'd love to!

[tosh1]

have you sent off the cca request? if not send it, don't sign it and don't discuss anything over the phone if they ring you.

[dx100uk]

oooh could i really get away with sending that one word for word do you wonder? lol i'd love to!

 

caithness.org rules!

 

lo tug

 

dx

[tugmistress]

have you sent off the cca request? if not send it, don't sign it and don't discuss anything over the phone if they ring you.

 

i've sent off what i posted a couple of posts above

 

caithness.org rules!

 

lo tug

 

dx

 

lol you're right there, LO dx

[tugmistress]

ok, update time -

recieved this morning in the post

 

photo of 'agreement' page one

photo of 'agreement' page two

 

photo of letter

 

 

what do i do now? they don't seem to be listening to what i am saying

 

please help.

[dx100uk]

all total bull by the looks of things

i take it , it did not have your sig anywhere?

 

now, how is the sar going - did it get posted?

 

if you get pestered, i'd write saying you make no payments between xxx & xxx so they can bug off.

just because they conned you into paying an old debt, it does restart the clock under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6

 

dx

[tugmistress]

Hi DX

i posted whatever was put on here

if i signed anything it was the original back in 1997 (according to their letter, i can't remember!)

i did recieve a letter earlier this week just saying that the account was on hold for 28 days while they found the information.

 

in todays mail ( the photo's above) there is no letter heading or anything from capquest - are these the same people?

 

and i take it you meant to type does NOT in your last sentence?

[tugmistress]

just looked back in the thread, it was a cca request i sent - what do i need to send now? a subject access? what does that do? excuse me for being thick

[ODC]

They are Donald Ducked by their own admission the cannot produce a valid CCA. So thats the game over. Write and thank them for confirming the alleged debt is unenforceable.

[cerberusalert]

Save your £10, send Capquest this instead http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter and if they provide an enforceable agreement I'll bare my ass in the church of St Leonard in Beeford.

 

I'm glad I don't have to do the above, it's windy up there.

[dx100uk]

windy, it been raining solid now for 20hrs

 

oh and sri my not key was U/S.

 

correctly spotted

 

the sar would be useful, there nust be heaps of charges and p'haps ppi that has been mis-sold awaiting a reclaim?

 

 

dx

[leothelioncub]

The letter's fine. I never bother filling in the details in a PO in case they send it back....you can reuse it then.

 

Send it recorded delivery and don't sign the request.

 

never thought of that have useless ones from moorcroft, (2) and IQOR and wescot god i've wasted 4 pound odd?

[tugmistress]

I'm glad I don't have to do the above, it's windy up there.

 

haha i would have been willing to take photo's though

 

windy, it been raining solid now for 20hrs

 

oh and sri my not key was U/S.

 

correctly spotted

 

the sar would be useful, there nust be heaps of charges and p'haps ppi that has been mis-sold awaiting a reclaim?

 

 

 

 

dx

 

well from what i remember of the original phone call off them the actual balance i owed was about £100, but with interest it added up to just over £500, i don't think i'll get anything back but i'll send off a combination of the SAR and the 'get stuffed it ain't enforceable' and see what comes back

 

really appreciating the help guys - i'm finally starting to get a life