Capquest request signature on CCA cap1 card

[pidg2003]

Hi BB,

 

Yes I have sent all the CCA letters and placed the account in dispute with FD. This letter I received today is the first from a DCA so I thought I should reply along these lines..

 

Dear Sirs,

 

Account No: XXXXXXXX

 

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with **Original Creditor ** and has been since they failed to acknowledge my CCA Request (in line with s.88 CCA1974) which was sent on / xx / 2009.

 

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's debt collection guidelines.

 

Being that **Original Creditor ** are now in default of my CCA Request (and OFT Debt Collection Guidelines), I consider this account to be in serious dispute, especially due to the fact that whilst the CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127 (CCA1974).

 

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to **Original Creditor ** for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

 

If you decide 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.

 

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

 

 

Yours faithfully

 

Maybe adding the lines of preventing a doorstep visit.

 

This template letter is a couple of years old though and I know there have been various rulings which may or may not affect the content.

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency that is the one off the templates from here, so not far off!

[pidg2003]

As always thanks BB that is exactly what I am looking for. Now I'll leave you alone to enjoy your weekend, thanks again.

[Bazooka Boo]

Your most welcome, send it 2nd class and obtain "proof of posting" from the PO counter. preferably attached to a house brick!

[pidg2003]

Quick update. Sent letter from this link:

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

Received a surprising reply apologising for wasting my time and saying they were putting the account on hold, especially as I had an ongoing complaint with the Ombudsman.

 

Hopefully this will encourage others to take up the fight.

[Bazooka Boo]

That is good news,

[olliepup]

Hi again,

 

Fredricksons took on the cap 1 debt for 348 quid and started the usual harrassment tactics, i sent them the bemused letter that i sent Capquest, Fredricksons have now passed it back to Cap 1.

 

I have recieved a long winded letter from capital 1 saying they have previously provided a copy of my terms and conditions and a reconstituted copy of my original agreement ( which was a application form they sent)

 

Therefore they have fully complied with S78.

 

They say i requested a true signed copy of the agreement, To clarify (their words) we do not retain the original of the signed agreement which is returned to us, but can scan the signature portion of the agreement and retain this within our accounts system, on the reverse of the signature portion of the agreement were the prescried terms of your agreement.

 

They say this information complies with S78 , It was confirmed by the Judgment of His Honour Judge Waksman QC in Carey V HSBC (2009) 3417 (QB) that providing a reconstituted copy of my agreement is compliant with S78 and there is no requirement under CCA to provide me with a photocopy of the original.

 

So as long as the can scan my signature they can do what they like even though it was an application form?

 

Also went onto say That Mr Justice Flaux said that even if a agreement is unenforceable they can still report non payment to credit reference agencies.

 

Then basically went onto say the account is not in dispute, they can carry on trying to collect as they have complied, i can complain to the onbudsman but they will say a court should decide, and the financial services state that this will be thier last contact regarding this matter and will use DCA if they feel apropriate.

 

Also states not to believe in companies getting debts written off etc and gave me a link for on a news release on www.justice.gov.co.uk.

 

So what does everyone think of that? Not the usual rubbish DCA letter.

 

Should i reply saying take me to court for it then???

 

At which point they can have my pro rata sheet and get not very much.

 

Any views welcome .

 

Olliepup.

[Bazooka Boo]

I fail to see why they seriously believe that telling you that the case will be won before it has even been started, will affect your view. They are attempting to exploit your lack of knowledge and create a feeling of despair by telling you what they hope a Judge will think.

 

Each and every case is completely individual, that was one case, I know exactly what I would do, but that is me in my position, I would call their bluff, write back and demand they inform you whether or not they have the original copy of the agreement or not.

 

The worst that can happen is they issue court papers, you then defend and submit a CPR request, or you could even do so now, and see exactly what it is they intend on relying on in court.

[olliepup]

Cheers Bazooka, i think your right, it all seems pre emptied on the fact i'll take what they say as gospel and back pedal.

 

Makes me think they haven't got it as they keep farming it out to DCA and stating they don't keep original copies and just scan the signature.

 

I think i will call their bluff and see what comes back even though they are not replying anymore.

 

The thing is they haven't said how they want to proceed, only saying they can use DCA if they want and there is a balance outstanding.

 

Would they bother with court for 348 quid? If worst comes to it you can pay it before it got to court but then again a judge would look at it and make his descision, my credit is shot anyway.

 

Should i write back and just ask if they have it and invite them to soo me in court?

 

I used a letter from national debtline once to invite a creditor to take me to court, what do you think?

[olliepup]

What is the CPR? is it something i request from them ? May make them think im not going to be pushed around.

 

Thanks again

[Bazooka Boo]

First off the only letter I would send these clowns, is one saying "Thank you for your confirmation that I should escalate my complaint to the FOS which you have done so. You have also taken the liberty to report them to the OFT&TS regarding their incorrect belief that the courts will automatically agree with a creditor regarding financial disputes, and to make such statements may be costly"

 

This is your final response in this matter, any and all legal action or collection activity they feel necessary will be robustly defended, including, but not limited to legal action against them.

 

Alternatively, ignore them, wait for their next puerile mistake then go for the jugular.

[pidg2003]

Hi all,

 

Still no cca from FD and have been receiving threatening stuff from Metropolitan. Just sent them the usual letters back. They have now passed it onto solicitors who "may" take legal action. Just wanted to check that my position is still the same legally as it is sometime since all this started and they are just posturing.

 

Do I need to provide a signature to receive a true copy of my agreement??

 

Can I defend in court the fact that they haven't supplied me with an agreement due to me not providing a signature??

 

Should I still be refusing payment until they supply me with a true copy of the agreement??

 

What reply letter should I send to FDs in house solicitors??

 

Am quite happy to continue the fight, but like I said was checking the current legal position.

[Bazooka Boo]

Metro collection services is HSBC in house DCA so it has gone nowhere and they are just willy waving.

 

I wouldn't send anything, you have made your position perfectly clear to them, your only course of action needs to maintain your complaints about them to the OFT&TS.

[olliepup]

Hi, i have been in a similar position to you, as Bazooka said to me go quiet and don't bother contacting them.

 

I have not contacted anyone for months, i get similar letters from various DCA's and then they go quiet again.

 

Just sit tight and ignore.

 

Olliepup

[pidg2003]

Just a quick update...DG Solicitors (HSBC in house) have now given in and are trying to source the documents I requested...I shall sit tight and see what develops.

[dpick]

Just don't try holding you breath it could be painful.

 

dpick