Think i done a boo boo :(

[cerberusalert]

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

If you've still got the counterfoils you can get a refund.

[tugmistress]

Ok would some kind soul read this through for me - i sort of hashed it together and don't know if it makes sense?

if it's ok i'll print and send this morning

 

Dear Sir/Madam,

Thank you for your response to my request under the Consumer Credit Act section 78.

 

In your response you cannot confirm this as a true copy of the original agreement executed by yourselves.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any signature means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.

 

 

I would also like to remind you 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".

 

And as stated in pevious correspndance with yourselves there has been a period of five years where there was no knowledge or acknowledgment of the debt and the 'clock' is NOT restarted under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6

 

Yours faithfully

[cerberusalert]

That's fine. Belt & braces... Double whammy.

[tugmistress]

hehe hope it works!

thank you so very much

 

Should i still send the SAR?

[cerberusalert]

Should i still send the Subject Access Request?

 

No need now.

[tugmistress]

Thank you - off to the post office in about 20 minutes

will let you know what i get back

[tugmistress]

OK, this came back in the post on saturday -

 

We are writing to advise that CapQuest Debt Recovery Limited are no longer dealing with your account and we have returned all information to Littlewwods Finance Company Limited.

This and all future communications should be made directly to them quoting your account number.

Yours Sincerely.....

 

does this mean they've accepted they've lost?

[cerberusalert]

Yes, they've passed it back to the original creditor but beware because they might pass it to another DCA, not that it matters because they'll get dispatched the same way.

[tugmistress]

great thank you

 

but at least i know not to be stupid enough to give in to them this time