Response to prove it letter

[ftpincognito]

Hello

 

A prove it letter was sent around 2 months ago regarding a outstanding debt from a loan from possibly over 6 years ago. The response is what 1st Credit is calling 'a latest annual statement' detailing all financial transactions from xx2010 - xx2011 and on the same piece of paper (i.e A3 folded in half, this is on the second page) a crudely typed breakdown which includes:

 

account number

statement number 3

amount of credit

opening balance

interest rate (but there isn't one it just stated %pa)

date of agreement

 

and then some t&cs

 

Now i know this isn't anything like a CCA, so should we now send an official CCA request, before it was the prove it letter template from here without a postal order.

 

Many thanks

ftp

[rhos123]

Hello

 

A prove it letter was sent around 2 months ago regarding a outstanding debt from a loan from possibly over 6 years ago. The response is what 1st Credit is calling 'a latest annual statement' detailing all financial transactions from xx2010 - xx2011 and on the same piece of paper (i.e A3 folded in half, this is on the second page) a crudely typed breakdown which includes:

 

account number

statement number 3

amount of credit

opening balance

interest rate (but there isn't one it just stated %pa)

date of agreement

 

and then some t&cs

 

Now i know this isn't anything like a CCA, so should we now send an official CCA request, before it was the prove it letter template from here without a postal order.

 

Many thanks

ftp

is this in reply to a cca request you sent ?

[ftpincognito]

Thanks, it didn't say it was in reply but it is the first thing we have received since we sent the letter at the beginning of August. I get confused between prove it letters and cca requests, sorry, the one we sent was this:

 

 

Dear Sir/Madam

 

Ref:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

 

 

I would point out that I have no knowledge of any such debt being owed to

 

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

 

I 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 look forward to your reply.

 

Yours faithfully

[rhos123]

you need to send a cca request it costs £1.00

[ftpincognito]

That's great, thank you!

[Bazooka Boo]

What they have sent you is what they are legally obliged to send you annually, it is a statement of account.

 

I would strongly advise against sending the CCA request at the moment, until you know for 100% accuracy whether this is SB or not?

 

If it is a loan, who was it with originally? How much of the total amount they are demanding is charges? Any PPI you can reclaim?

 

If it is SB, then sending them a CCA request will be a waste of your time effort & money, find out if this is on your credit file also, if it isn't you owe no-one anything.

[NailPost]

I'd say they have failed to provide you with the information you have asked for to satisfactorily prove they are chasing a valied debt owed by you. As such the matteris now in dispute. A short note informing them of this would be more than sufficient.Add aline stating that further attempts to collect the alleged debt and to rubbish your credit file will be met with complaints to all the stautory regulators and that you reserve the right to start legal proceedings against them.

[gem77]

Hi. I hope you dont mind me asking a quick question. me and my OH have quite a few creditors but today get a letter from GPB solicitors threatening court action on behalf of iQor Limited for the creditor Capital Bank. I have never heard of capital bank would they have bought the debt from another creditor? There is a creditor reference number which may well match up with one of our loans/credit card debts. But my main question is would it be worth sending them a prove it letter?

 

Once again sorry for the hijack just wanted to ask that quick question.

 

Many thanks

[Bazooka Boo]

If it's disputed with a previous DCA then send the solicitors http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

 

Who actually owns this account? Iqor? Capital Bank?

[gem77]

I have no idea bazooka boo. I have not heard of either of them. im presuming capital bank.

Its not in dispute as yet but will be if they cant prove my oh owes it.

so should i send a prove it letter to capital bank and the solicitors the link you posted?

 

Many thanks

Gem

[ftpincognito]

Bazooka Boo and Nailpost,

 

Thank you for replying, i haven't been online and didn't realise. I wasn't ignoring your advice and do appreciate your comments.

 

Since i received that statement we have also been sent the a copy of the CCA, signed. It does have PPI added to the amount and it was for a loan. We have no idea how much of the amount they are claiming is for charges though. We cannot check the credit file. we tried online but couldn't answer the =security questions and don't have utility bills in my partner's name to send them for proof.

 

We are going to send a SAR to the bank but think if it is not SB it is only a few months off being so. Also a letter to the DCA saying it is in dispute. Does this sound right?

 

Thanks again!!

[Bazooka Boo]

gem do you have your own thread on this? If so if you post a link to it I will have a look for you and gladly advise you.

 

Ftp, yes a SAR to the bank would be advantageous, if it is a way off being SB then you can reclaim the PPI if it has been missold and see what charges they may have added to your account and reclaim those also.

 

As for the sols, I would simply write to them in your own words that you are currently requesting your SAR from the bank and as such they should allow for the 40 calender days for the info to be supplied and a further undisclosed period for you to divulge the info and the bank will then inform them of any action that may be necessary to take, if at all.

 

Or something along those lines???

[gem77]

Hi Bazooka boo. No I dont yet. just wanted to ask the question.

[Bazooka Boo]

Hi Bazooka boo. No I dont yet. just wanted to ask the question.

 

Start a new thread and post a link to it on here and I will have a look....

[gem77]

http://www.consumeractiongroup.co.uk/forum/showthread.php?324758-capital-bank-iqor-Advice-please&p=3597974#post3597974

 

Here you go bazooka boo and sorry ftpincognito for hijacking you thread.

 

x