Info / help reg fire & capquest

[discodaisy]

Hi, sorry if I'm in the wrong place but since finding this site my laptop has been down & I'm viewing from my phone & it's kinda confusing.

 

Basically i split up with my partner 4 years ago & have recently been contacted by two companies regarding credit card debts that didn't get settled when we broke up.. One I paid up at the end of last year after receiving threatening letters but there is £99 remaining this company is called capquest - the second is a company called fire but fortunately found your site before paying them anything.. The problem is the amount of calls (anything from once to 5 or 6 times a day) I don't have any letters from either company so every time they call I ask for them to write to me with details & I will reply / respond in writing but they keep saying they have written & won't send anything recorded delivery as it's against company policy so I'm just going round in circles. I've now started to say I don't give my personal details out over the phone so they will have to contact me in writing but they are now getting arsey on the phone.. I don't have any account details or information on the debt so don't want to write to them first as I have nothing to reference to. I'm just looking for advice or help really as I don't know what to do next besides ignore the calls but I'm worried about my credit rating etc.. It's really starting to wind me up.

Thanks so much for your time & for your work on this website, it really has been priceless to me already. D.

[dx100uk]

well sadly thats the idea of what they do, but the good thing is thats ALL they can do.

 

DCA's have NO LEGAL POWERS

 

they are just the same as you and me. you and me could be one.

all they can do is send threat-o-grams

 

and another useful point.fire and cabot are the same , they are in the same building , prob just the sec changing the letterhead in the printer.

 

you are quite correct not to converse on the phone well done

 

they'll soon write then play their cards

 

till then ignore them.

 

dx

[Seminole]

Yep, sbaolutely correct not to deal with them on the phone.

 

However, it does sound as if you're getting into some sort of conversation with them. When they ring ask who's calling and if they say Fire etc simply say "In writing only" and put the phone down. They will eventually get the message. Even though they can't discuss your account under Data Protection laws they will try to intimidate you.

[discodaisy]

Thank you for response already, it's only down to reading threads on this site that I now know not to speak with them & have started to request for the matter to be dealt with by letter. I really can't thank you guys enough. D.

[dx100uk]

well dont hit my scales you'll break them.

 

 

 

 

thats what cag is here for

 

dx

[discodaisy]

They won't / haven't written to me since I've been requesting them to for over 2 months now, should I write to them anyway as I'm sure it won't be difficult to find an address or do I need / want them to write to me first?

Also is the next step opening up a dispute / requesting them to send me a copy of the original contract agreement etc? Sorry if I'm asking silly questions.

 

Thanks D.

[dx100uk]

you could CCA them both

it maters not you have ack'ed it on the phone

 

dx

[Halibutt]

Daisy, as the guys here say, avoid phone contact.

 

Send them the telephone harassment letter by Recorded Delivery - don't sign it, just print your name.

 

You should also send them the CCA letter, again by recorded delivery, enclosing a postal order for £1 which is the statutory fee. Again, no signature, print your name.

 

If they continue to hassle you by phone, make a note of the dates and times of the calls, as they are going against official guidelines and you can make an official complaint to OFT, Trading Standards, your MP, etc.

 

When you receive a response to your CCA request, you'll know where you need to go from there.

 

Templates can be found here:The Consumer Forums - Debt collectors

 

Good luck!

[discodaisy]

Guys thank you so much, How do i get around not knowing the account / ref number? Do i call them to obtain this info?

 

Thanks Again.

[dx100uk]

sorry whats the golden rule.............!!!!!!!

 

a cca request does not need one

if they are chasing you they should know this info!!!

 

dx

[Halibutt]

Sorry, I didn't clock the fact that you'd had nothing from them in writing.

Don't phone them. If you have no letters, no account number and no knowledge of the alleged debt, you could always start with this:

 

By Royal Mail Recorded Delivery

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us by telephone, regarding an account which you claim is owed by myself/ourselves. You have, to date, not provided me/us with an account number or indeed, full details of the alleged debt.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

Edited July 16, 2010 by Halibutt

[discodaisy]

Ok guys so letters / £1 postal note etc have now been sent this morning to both companies, I thought i'd save myself time by grabbing templates of other letters while there (the one regarding not signing the the letters & the follow up one to send after their time is up etc etc)

 

I will keep you posted & let you know how i get on lol

 

Thanks guys. D

[discodaisy]

Ok so a company called Cabot have responded to the letter I sent to fire, is this the correct proceeding as all my correspondence / evidence is with fire? They have also returned my postal order (funny this one actually turned up because they'd sent 10 letters to me (apparently) and That's why they were calling me every day!) it says they do not currently have this information on file but they have requested it from the original lender & anticipate they will be able to provide this within 12 days.

Do I continue to stand by & wait? Is this all normal & correct action by fire / Cabot?

 

Thanks once again guys. x

[silverfox1961]

Hi,

As has been previously mentioned, Cabot and FIRE are one and the same. Different monkeys at different desks.

 

This is the standard response from them once a CCA request has come in. Just sit back and wait for them to respond. I have been waiting 20 months so far

 

The beauty is that while they don't supply any agreement, they can't hassle you either.

[discodaisy]

And does this mean they still have to remove me from their records & any credit ref agencies while this is going on? Sorry if i'm asking really obvious questions guys.

[silverfox1961]

Oh if only it was that simple

 

You will remain on their books while they attempt to get an agreement and your credit file will remain the same. They will say that as you have had the money (even without your signed agreement) they can mark your credit file.