CapQuest/Empire Stores help needed

[choppers]

Hi, i recently had a case against Shop Direct for three of their accounts.

I was awarded judgement (due to non attendance)

 

Whilst the judgment stood, i received a letter from Capquest stating they had purchased the debt (Empire stores part)

 

I sent them a letter informing them that i had a judgment against Shop Direct for this account.

 

Then i received a letter asking for a cop of the judgment, but stating it was not necessary. (so i did nothing)

 

Then about 10 days later i received another letter (now from HL Legal) stating if not paid in full in 2 weeks.

 

Court proceedings may be issued without further notice (and an £80 top up; about 20% of the debt)

 

I sent them a letter informing them of the following;

 

1, when they purchased this account it had a CCJ against it.

2, it is made up solely of Charges

3, it had NO CCA (confirmed in writing by Empire Stores)

 

plus a few other things that make this debt an even bigger farce.

 

Since then my circumstances have changed and i have applied for a DRO.

 

Shop Direct applied for a Stay of judgement and i did not contest it (due to the above)

 

However the CCCS have informed me that there is a backlog for DRO's and it will take 2 months, plus to make token payments in the mean time.

 

Now i have received another letter from CQ stating their intention to progress my account to their pre-litigation system () where my account will be passed to their solicitors (thought it already was...)

 

anyway the letter goes on to make varying threats; court orders, warrant of execution and eventually bailifs.

 

So, any thoughts as to what i can do here?

 

Should i re-open my case solely against Empire?

should i go the No cca route?

 

Basically is there any way i can get these bum feeders of me until my DRO goes through?

 

i really appreciate any help and can provide more details if necessary.

 

thanks

[harrassed senior]

Send them the Account in Dispute Letter;

 

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[choppers]

thanks for your time.

 

by 'them' do you mean Capquest or Empire?

 

I assume Empire (as i have aldready sent first letter) but just checking to be sure (i can't type that without an Irish accent coming on?)

 

If Empire, how would that affect my situation with CapQuest as they have already sold the account (i would assume...)

[Guest Cartaphilus]

As far as I know it needs to go Capquest as they have instructed you they now own the debt. Will be corrected if I am wrong.

[choppers]

but they haven't failed to supply a CCA, Empire have.

 

and as this is a follow up letter?

[Guest Cartaphilus]

Well ,maybe I am wrong. But as CQ own this debt it's always been my understanding it goes to whomeever says they own the debt.

[choppers]

so even though i've not sent CQ any previous requests for a CCA i should send the above follow up request/account in dispute letter?

 

seems strange but if that's what's needed...

 

so i assume with the dates (in red) i just put the dates of the requests/receipts i have sent/received from Empire?

[Guest Cartaphilus]

Whilst the judgment stood, i received a letter from Capquest stating they had purchased the debt (Empire stores part). All CQ have done is passed it to HL Legal as they've got nowhere so now are tightening the screws but if they said they own the debt then they own it. Generall such letters go to the last one in the chain ie the debt owners, which seems not to be HL they are acting on behalf of CQ, yes? Or have they said they are now the owners of the debt?

[Guest Cartaphilus]

I think, too, that HL Legal would need to be notified the account is in dispute as well as the last lot. Empire no longer own this debt, CQ does according to what you received from them.

Now i have received another letter from CQ stating their intention to progress my account to their pre-litigation system () where my account will be passed to their solicitors (thought it already was...)

 

Well, now you can see thar record keeping is not their forte and that they cannot follow their own letters they send to people and contradict themselves.

[Guest Cartaphilus]

Okay, giving up trying to edit #8 as I did put the pasted part of your post in quotations and I was sure it was in those when I entered it due to seeing it was. Oh hum.

[Guest Cartaphilus]

Okay, giving up trying to edit #8 & 9 as I did put the pasted part of your post in quotations and I was sure it was in those when I entered it due to seeing it was but upon seeing it after entering hmmm. Oh hum.

[Guest Cartaphilus]

I noted you mentioned a DRO, and CCCS, what advice have they actually given you about any of this if they have? Have they offered you at least the usual counselling session, whether or not you can get on a DMP?

[letsdothis]

Send CapQuest a CCA request with the £1 while they deal with that it would hold any legal action.

 

Once CapQuest fail to send the CCA request within the 12+2 days (they will never be able to as you know it doesn't exist) then send them the letter above. That should hold out for you for a couple of months.

[choppers]

OK, so after sending the CCA request to capquest i received a letter from them stating they are holding action on the account for 28 days.

when a week later i received a letter from shop direct (not in any way marked or mentioning capquest) saying they don't have a CCA (which i already knew)

 

12+2 days has now passed so now comes the account in dispute letter, but who to send it to?

 

Shall i send it to Capquest alone or to both capquest and Empire Stores?

 

and once this is in dispute what can capquest do?

 

surely they cannot sell on to anyone else as a dispute has been filed?

[letsdothis]

Shall i send it to Capquest alone or to both capquest and Empire Stores?

 

Send it to Capquest. They are the ones hounding you.

[choppers]

just wondering, I recently issued court proceedings against this account (and two other shop direct accounts)

and they were sold to DCA's in the period between the claim being issued to them and the court case.

 

Is that legal?