capquest/HL threat-o-gram of CO on old Cap1 debt

[magickat]

I have received a letter from a solicitor with regard to a debt of £932 that I owe to a credit card company.

 

The letter states that the client has completed a pre-litigation process including Land Registry checks which name me as the owner/occupier of the property. The letter goes on to mention the possibility of applying for a Charging Order to be placed on the property etc.

 

I am a private tenant in a rented house so this information must surely be inaccurate - as far as i am aware tenants are not listed at the Land Registry and obviously i am not the owner of this property.

 

Should I contact the solicitors or seek legal advice elsewhere?

[PGH7447]

or ignore it for now sounds likie a standard DCA threat-o-gram

 

what is the debt in relation to? and who is the OC, the DCA and or solicitor

[MrShed]

Sounds like a load of guff if he reckons this.

 

I would probably be inclined to do a land reg search yourself to ensure they are talking rubbish.

 

Other than that, ignore.

[magickat]

It is a credit card debt to Capital One, the letter is from HL Legal Solicitors, the back of the letter says all payments should be made to Capquest Debt Recovery.

[PGH7447]

as I said standard threat-o-gram tactic, they will habe no more done a land registry search than I have.

[PGH7447]

anyway send crapquest a cca request should shut them up for a while

[magickat]

Thanks for your advice, I will request a CCA. Are they allowed to lie like this on these letters?

[PGH7447]

no but they do, welcome to the world of DCA's and their threats

[fuzzybobble]

Standard Capquest letter. I have one myself claiming I'm a home owner. I wrote back and said feel free, I don't care.

 

Funny, but I never heard from them again regarding that alledged debt.

[The GodMother]

Same with me C1 told me i own this house when its owned by council.

[Ruprecht]

Make sure you report them to the OFT, they could be committing an offence as per the Consumer Protection from Unfair Trading Regulations 2008.

 

It is an offence under the above to mislead a consumer.

 

I have seen collection action stop and debts being written off when the regulator gets invovled. You may think it is a waste of time and they don't do anything but it sure is worth the price of a stamp!

 

Misleading actions

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(2) A commercial practice satisfies the conditions of this paragraph—

(a) if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and

(b) it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

(4) The matters referred to in paragraph (2)(a) are—(j) the nature, attributes and rights of the trader (as defined in paragraph 6);

(k) the consumer’s rights or the risks he may face.

Edited February 12, 2010 by Ruprecht
cosmetic

[Guest Cartaphilus]

'I don't think so sonny Jim'. As someone once said.

[NailPost]

A Land Regstry search costs £4. I doubt very much they spent any money on this other than the envelope, paper and stamp on the letter you received. Ask them to prove their claims and ask for their complaints procedure then start complaining.

[magickat]

Thanks for all your comments and advice, I will definitely be sending a letter to the OFT.

 

In a funny way I am actually glad I received the letter as it led me to this forum which has opened my eyes to dealing with debt. I was getting so stressed out and paniced but now realise I am far from powerless and will take back control of the situation.

[PGH7447]

good, any other issues then start a thread for them, you will get loads of advice

[Guest Cartaphilus]

It's good you feel more relaxed about this situation. Though, in all likelihood it's another case of the DCA/creditor issuing these things - purely to scare you, this is their most common psychological default switch - like confetti.

 

For starters, they'd have to explain to a court (doubtful if it got that far but say it did hypothetically) and a judge why they are trying to make a charging order against a third party owner eg your landlord but also I would not imagine the landlord would be less than pleased if they tried to. In other words, I doubt the fact these outfits issue these letters (threats) in this way indicates they more than likely don't even know what it is they are saying in the letters and thinking they can or even consider they'd get away with it legally anyway. And the landlords name would be on the deeds to that property anyway. Now, how would whomever has issued this letter get around explainaing that little one?

The letter states that the client has completed a pre-litigation process including Land Registry checks which name me as the owner/occupier of the property. The letter goes on to mention the possibility of applying for a Charging Order to be placed on the property etc.

 

Oh, dear. I couldn't see them getting away with that at all. Standard threat letter.

 

The thing to remember here is they want you to think you are powerless in these situations and that you can do nothing. You can, as you have seen through this forum. It's what they don't want you to know for example.

 

Glad you feel more relaxed now.