about to tackle a mountain of debt.. or do i just go bankcrupt?

[whitedog33]

so just readying the default letter, can you point me to the letter that will confirm that i am who they have been pursueing and that its irrelevant..

[debt4get]

will ask one of the mods for you

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/572-debt-letter-when-company-refuse-cca-due-to-no-signature-

 

Thats the one I believe..

[whitedog33]

that should do it thankyou,, will send tomorrow.. A further Capquest cca request goes into dispute tomorrow aswell. Just to get clear here, these debts remain and defaults on my credit file can still legally be applied? What happens after 6 years ?

[debt4get]

after 6 years debts drop off your credit file and become statute barred..legally you then dont have to pay anything on them and they cannot be enforced in court

[Bazooka Boo]

This will give you better info on the processing of your data without a CCA, in laymans terms, they can't process your data if there is no CCA.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/254802-no-cca-processing-your.html

[whitedog33]

mmm, has anyone actually threatened to take them to court?

Have received another letter from Lowell stating ''After this time limit has expired' (the 12 days) '...no collection activities will take place until such a time as the requested document is provided.' Is this correct, i can't see that in the Act but it does make sense..?

 

P.S. 2 acc now in default, one returned 'withdrawn by client?' and 1 more due to go into default on mon,

thanks everybody, thus far so good. Will get involved in the CRA debate...

[babybear39]

It's correct, much as I hate to use the word in the same sentence as lowlifes lol...

[whitedog33]

okay, hello everybody, need bit of help now,

 

Capquest have returned with a faxed copy of my original agreement and a signed Directdebit instruction. This puts us all back at square one doesn't it.? they now have a legally binding document ? And I have 14 days to reply.

 

I don't think they'll get too heavy, I can demonstate an inability to pay off my debts.. do i accept this and start making token gesture payments..?

 

Is it correct that the 6 years gets restarted when you make a payment or acknowledge the debt, cos this one was started in 2005.. I have made token gesture payments on the account before , before it was sold.

[Bazooka Boo]

Can you scan and post up on here what they have sent you? Renoving all ID first.

 

As for the limitation period, yes you are correct, in that each time you make a payment toward the alleged debt this then re-starts the limitation period, so whatever the date of your last payment to them will be the time the 6 year period would have been reset.

[whitedog33]

will take a while to get the scan but will do.. thanks

[whitedog33]

. Okay i'm having trouble getting to a scanner, should I be worried that the account will be active again in their eyes after 14 days..?

What I can say is that it is a faxed copy of the document with my signature. I will post the actual document a.s.a.p..

[Craigbadger]

No because what theyve sent may not be anything other than a page from an application form, and I very much doubt there are any key terms on a direct debit mandate. Just because you signed it doesnt mean its anything more than an autograph to a fan if it doesnt contain what it should.

I wouldnt stress about it.

Do you have a digital camera or a phone camera or something?, they seemed to use pretty standard templates so bound to be similar ones about.

Edited June 2, 2010 by Craigbadger

[whitedog33]

mm. ok thanks. have a digital camera. good thinking..

[whitedog33]

will have tp post in the morning!

[whitedog33]

okay here's what i've been sent by capquest concerning an abbey loan, following a CCA request.. Help..!?

 

 

 

[cerberusalert]

Can you post it up to tinypic or imageshack and then copy and paste the URLs back here? Those pics are a bit too small.

[whitedog33]

OK Sorry, here are some URL's for the images..

 

http://www.underline.org.uk/portfolio/DSCF2567.JPG

 

http://www.underline.org.uk/portfolio/DSCF2568.JPG

 

http://www.underline.org.uk/portfolio/DSCF2569.JPG

 

these are taken from a camera and resized, the original document is a faxed copy they have sent in the post.. it's hard to get the wording legible..?

 

thank you..

[whitedog33]

okay help guys, have received another letter from Capquest with the same faxed loan agreement and 2 terms and conditions photocopies, i have 14 days now b4 the account goes back to recovery dept..? what would you recommend ?

[whitedog33]

where's everybody gone..?

reposting the links to the documents capquest have sent in reply to my cca request. They have included a statment of payments to the account and 2 terms daterd '08 and '09. The origonal agreement is dated 30 november 2005...

 

http://www.underline.org.uk/DCSF2567.JPG

 

http://www.underline.org.uk/DCSF2568.JPG

 

http://www.underline.org.uk/DCSF2569.JPG

 

thank you.

[miss muppet]

Whitedog link isen't working.

[whitedog33]

these work..

OK Sorry, here are some URL's for the images..

 

http://www.underline.org.uk/portfolio/DSCF2567.JPG

 

http://www.underline.org.uk/portfolio/DSCF2568.JPG

 

http://www.underline.org.uk/portfolio/DSCF2569.JPG

 

these are taken from a camera and resized, the original document is a faxed copy they have sent in the post.. it's hard to get the wording legible..?

 

thank you..

[miss muppet]

Still a bit difficult to see, I think if you want one of the site team to view you have to press the red triangle under your name but until then here's a link which may help:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

[whitedog33]

Okay, leaving the Capquest Abbey account until i can geta scan of the docs. They haven't been in touch for a while so i guess it's in the system somewhere..? Onto another Capquest acc. The account has aleady been placed in default by myself following a failure to provide the cca.

 

I have now received a strong letter from a 'Robinson way' Ltd and am unsure about the best approach. Either i send another CCA Request safe in the knowledge that the cca is lost in action! or should istart screaming about the proccesing of an account that is in dispute.. any thoughts from you lovely people.

[debt4get]

in that case send this..

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully