*CCA requests questions quiery?

[kathleenbilly]

Hello to those looking in,

 

I have just a couple of questions regarding a CCA request. I have sent a request to Capquest for the CCA, I understand they have 12 + 2 days to comply.

 

After that they are in default.

 

My first question if they produce it say on 20 days can they proceed straight to court? (presuming it's a valid agreement etc. )

 

My second question is let's say they send the agreement within 12 days, or even within the 30 days and by normal post whose to say i received it?

 

Doesn't this work both ways?

 

Even if they sent it within time where's the proof i actually received it?

 

Could i not just say i did not receive anything and proceed with saying they didn't not provide the CCA with the max time of 30 days and then send the letter that they can no longer pursue to debt?

 

Even if they send it recorded i could even send the letter back no signature return to sender?

 

Then they could not have any proof they supplied the information within the time scale. Any views or opinions on this would be welcomed.

[silverfox1961]

Morning,

Some thoughts below

 

Hello to those looking in,

 

I have just a couple of questions regarding a CCA request. I have sent a request to Capquest for the CCA, I understand they have 12 + 2 days to comply.

 

After that they are in default. Yes and Yes

 

My first question if they produce it say on 20 days can they proceed straight to court? (presuming it's a valid agreement etc. )

Who knows what goes through capquests heads

My second question is let's say they send the agreement within 12 days, or even within the 30 days and by normal post whose to say i received it?

The 30 days was removed yonks ago. They only have the 12+2 now and would you want to lie to a judge?

 

Doesn't this work both ways? We know that DCA's lie but would you like to stoop to their level

 

Even if they sent it within time where's the proof i actually received it?

 

Could i not just say i did not receive anything and proceed with saying they didn't not provide the CCA with the max time of 30 days and then send the letter that they can no longer pursue to debt?

 

Even if they send it recorded i could even send the letter back no signature return to sender? The post office have a nasty habit of just posting RD letters through your letterbox (it's happened to me) If you refused to sign for a RD letter, the Post Office would return it to sender

Then they could not have any proof they supplied the information within the time scale. Any views or opinions on this would be welcomed.

 

There is no longer any timescale. Once the 12+2 has been and gone, the account is in dispute and that's all. There is no longer an offence once the 30 extra days have pased

[kathleenbilly]

Firstly many thanks for your reply,

 

Can i ask one more question given you answer,

 

So the 12 + 2 days apply for them to produce a CCA. After which time the account is in default so nothing can happen whilst at this stage.

 

However since you say the 30 days rule has long gone, they could in effect produce a CCA after two months/12 months and if valid they are back in the driving seat?? !!

 

Am i to presume it's accepted if they don't come up with the CCA with the 12 + 2 timescale it usally means it can not be sourced??

 

Or do DCA's now take there time because there is no time limit and have been known to produce it after many months later?

[silverfox1961]

If a CCA cannot be produced within the timescale, the account is in dispute. If they produce a VALID agreement any time within the next 6 years, they could restart collection.

If they can't produce an agreement in the 6 year period, the debt becomes Statute Barred so long as you haven't acknowledged the debt.

While the account is in dispute they shouldn't pressure you to pay nor are you obligated to offer payment. As for anything else that they ain't supposed to do. Don't bank on it. They will continue marking your credit file and no doubt will sell the debt on to whoever is willing to pay for it.

 

Just because they cannot produce an agreement doesn't mean there isn't one. There is a chance they have misplaced it. More likely they have microfiched it and shredded the original

[kathleenbilly]

Thanks for the reply i fully understand.

 

There is no record of this on any credit file.

 

The CCA was started in October 2004. That's all the DCA known.

 

I know the last payment was in March 05 so Statute Barred in a good few months so not sure i could drag it out that long....''

 

At the moment i'm leading them to believe they have the wrong person

[Blondie40]

Hello to those looking in,

 

 

Even if they send it recorded i could even send the letter back no signature return to sender?

 

Then they could not have any proof they supplied the information within the time scale. Any views or opinions on this would be welcomed.

 

If they send it recorded and it is then returned to them they will have proof it was sent to the address of the person requesting it as they will be able to produce the acknowledgement from Post Office that it was mailed.

 

They will not be concerned if you claim you did'nt get it. All they will claim is "we sent a copy as requested to the address given and here's the proof".

[kathleenbilly]

Well they don't send anything recorded.

 

So proof of posting is not proof of someone receiving.

 

An item sent recorded delivery to a person who has not signed for it could not be deemed received in a court of law, that just plain common sense.

 

I don't want to start a debate, but one question why do you always speak like you are representing them and able to answer as they would?

 

How do you know they won't be concerned? Have you any experience helped people in this matter or are you just using a wild guess on what you think may be the answer.

[PriorityOne]

Well they don't send anything recorded.

 

So proof of posting is not proof of someone receiving.

 

An item sent recorded delivery to a person who has not signed for it could not be deemed received in a court of law, that just plain common sense.

 

I don't want to start a debate, but one question why do you always speak like you are representing them and able to answer as they would?

 

How do you know they won't be concerned? Have you any experience helped people in this matter or are you just using a wild guess on what you think may be the answer.

 

It doesn't matter whether you say you got it or you didn't. If they have an enforceable Agreement, they can then start court proceedings against you... especially if they think you're playing silly b*ggers with them.

 

The timeframe is meaningless. Either they have an Agreement or they don't. If they don't, then you're not legally obligated to make payments. If they do, then you need to get your head around that fact and deal with it so that it doesn't spiral out of control.

[kathleenbilly]

It doesn't matter whether you say you got it or you didn't. If they have an enforceable Agreement, they can then start court proceedings against you... especially if they think you're playing silly b*ggers with them.

 

The timeframe is meaningless. Either they have an Agreement or they don't. If they don't, then you're not legally obligated to make payments. If they do, then you need to get your head around that fact and deal with it so that it doesn't spiral out of control.

 

 

I totally agree, it's desperate measures yes lets hope they don't come up with the CCA that's the best way forward job done.

 

Thye reason i'm talking of the above is even with producing the CCA this debt is statue barred maybe as early as October so any delaying method if somewhat crude must be looked at especially if it's serves the purpose of winning this fight.

[PriorityOne]

When you made the CCA request, did you include the wording "I do not acknowledge any debt to your company" on it?

 

Which company is pursuing it?

 

Sorry... just re-read..,. it's Capquest...

Edited July 28, 2010 by PriorityOne
Re-read thread...

[kathleenbilly]

Yes the debt is my friends i'm helping him,

 

We are talking 15,000 + big money

 

Capquest,

 

No acknowledge has been made of this debt in any way.

 

 

Yes my request was for the CCA and does not acknowledge the debt in any way.

 

I also have SAR the bank in question.

 

Capquest only have the date of the agreement start which was October 2004. They have no records of payments made as there is no info on Credit reference agencies or defaults CCJ etc nothing they are totally in the dark like i was lucky for me my friend found the original CCA/DEFAULT + just three payments made only.

 

So i could statue bar this in October even if they produce the CCA.

 

This is so close to call and near the finish line i can't let them swing this there way.

[Blondie40]

Well they don't send anything recorded.

 

No they don't, luckily

 

So proof of posting is not proof of someone receiving.

 

Then why is everyone told on this site to send a CCA request by Recorded Sign For Delivery. Simple so you can prove you sent it and that they received it.

 

An item sent recorded delivery to a person who has not signed for it could not be deemed received in a court of law, that just plain common sense.

 

Yet a DN sent by ordinary post with no proof of posting, as long as they can show a print out that shows a DN was issued, is accepted by a DJ as proof that one was sent.

 

I don't want to start a debate, but one question why do you always speak like you are representing them and able to answer as they would?

 

I have had more than enough dealings with them over the last couple years not to know exactly how they work, I have seen enough letters from them claiming what has been sent when they have sent nothing. It does not take long to guess what the contents of a letter from a DCA is going to say as they are all the same.

 

How do you know they won't be concerned?

 

Have you come across a DCA yet that is concerned about not having the correct documents, in fact have you come across a DCA that has got any documents relevant to the matter they have contacted you about, they always need to refer back to their client. Do you really believe a DCA gives a damn about what you might think or say to them? All they want is the money they believe they are entitled to.

 

Have you any experience helped people in this matter or are you just using a wild guess on what you think may be the answer.

 

 

I have had more than enough dealings with them over the last couple years not to know exactly how they work, I have seen enough letters from them claiming what has been sent when they have sent nothing. It does not take a wild guess as to the answer.

 

 

Even if they send it recorded i could even send the letter back no signature return to sender?

 

Then they could not have any proof they supplied the information within the time scale.

 

And this is part of your line of defence?

[PriorityOne]

Yes the debt is my friends i'm helping him,

 

We are talking 15,000 + big money

 

Capquest,

 

No acknowledge has been made of this debt in any way.

 

 

Yes my request was for the CCA and does not acknowledge the debt in any way.

 

I also have SAR the bank in question.

 

Capquest only have the date of the agreement start which was October 2004. They have no records of payments made as there is no info on Credit reference agencies or defaults CCJ etc nothing they are totally in the dark like i was lucky for me my friend found the original CCA/DEFAULT + just three payments made only.

 

So i could statue bar this in October even if they produce the CCA.

 

This is so close to call and near the finish line i can't let them swing this there way.

 

Ok... see what they come back with. It seems to have gone on for a long while without anyone making contact with your friend. Why did you send a SAR? Did you include the wording mentioned above in the SAR?

[kathleenbilly]

Ok... see what they come back with. It seems to have gone on for a long while without anyone making contact with your friend. Why did you send a SAR? Did you include the wording mentioned above in the SAR?

 

 

I SAR the Bank of Scotland. i did not include the wording above to the Bank of Scotland.

 

I have only requested the CCA from the Debt company.

 

I stated clearly in my letter to the Bank of Scotland no information is to be used or shared with a third party in any way.

[PriorityOne]

I SAR the Bank of Scotland. i did not include the wording above to the Bank of Scotland.

 

I have only requested the CCA from the Debt company.

 

I stated clearly in my letter to the Bank of Scotland no information is to be used or shared with a third party in any way.

 

 

Unfortunately, DCA's aren't known for taking your instructions into account...

 

A lot could be riding on whether Capquest have bought this account or not and only time will provide the answer to that one. If they have, then they'll probably have nothing but as it's a large sum, they're likely to contact the original creditor to see if they still have the paperwork.

 

If they are only acting on behalf of the original creditor, then the account should get passed back to them in the absence of any paperwork. After this length of time though, it seeems unlikely.

 

Wait and see what they send through to you, if anything.... and we'll take things from there.

 

[kathleenbilly]

I appreciate your help, advice and interest we are talking 25,000 pounds

so they will really want to get this one in. :-|

 

In answer to your quiery,

 

One of there first letters states clearly they have purchased the debt.

 

As you have said i can only wait it out. For me now it's until next week Saturday that's there 12 + 2 days passed.

 

Also Bank of Scotland with the SAR, let's hope it's all been lost in time.....''

 

I will post back with info would love to win this one as it's big money...''

[PriorityOne]

You mentioned that it was £15K in an earlier post.... was this a typo? Did you mean £25K?

[kathleenbilly]

You mentioned that it was £15K in an earlier post.... was this a typo? Did you mean £25K?

 

 

It was no typo i said it was 15,000 +

 

the actually true figure is 25459.00

 

That really is life changing money for my friend if it has to pay that!!