capquest letter after cca request on old AMEX debt

[edmurph13]

Hi wonder if anyone can help.

 

Got a letter from Capquest dated 21/07/12 re debt purchased from American Express ;

 

Letter of claim under the Practice Direction - Pre Action Conduct.

 

Under advice gleaned from this website I sent a CCA Request dated 30/07/12 and the £1 postal order.

 

Then got letter from them 01/08/12 stating account on hold for 28 days whilst they obtain the information I requested

and asking if I have any proof of payments or correspondence to forward them to their Collections Administration Dept.

 

I did not send them any information as I haven't got any and didn't see why I should make their job any easier.

 

I think I then got another letter stating they were still trying to get the information from American Express and account still on hold

- not sure as I think I got rid of this letter by mistake).

 

Then got letter dated 20/09/12 stating " we are now in receipt of the copy document you requested from our client. I

 

n accordance with Data protection Act 1988, we require you to contact us as soon as possible on XXXX XXX XXXX to confirm important security information.

 

We will be unable to send you the above document until you have done this". I

 

believe they are stalling again and just want to pressurise me if I call them

- which I have no intention of doing.

 

What is my next move

 

- do I just ignore them or is there some other advice anyone can give me.

 

Cheers

 

Ed

[Learnerlitigator]

Don't telephone, write and tell them that they have seen fit to contact you and must therefore be satisfied as to your identification etc. Better still wait out the weekend and see what better advice is offered, Monday is soon enough but DON'T phone!

[postggj]

luv it

 

crappyquest cannot demand payment from you unless you hang yourself, by going through this so called security, you will acknowledge the debt, they got you

 

send them this

 

 

i make no acknowledgement on this alleged account to you or any other company

“I have taken legal advice on this, and also from the Consumer Advice line of Trading Standards. I cannot be of any further assistance, or provide any further personal information about me, unless and until your organisation provides me with documentary evidence that I actually owe you any money.

“If you continue to pursue this matter without providing documentary evidence to me, then my local police station has advised me to contact them again so that they may pursue this matter. You surely understand that you cannot just claim an individual owes your organisation money in the absence of any evidence.

 

“I trust this makes my position perfectly clear.”

[edmurph13]

Cheers Learnerlitigator

 

good advice and no way on earth am I phoning them.

 

Will wait and see if anyone posts anything else as I'm hoping that they're bluffing and haven't got the info required under the CCA Request

or even if they have then it is unenforceable for whatever reason.

 

Otherwise they would have sent me a much strongly worded letter saying they where taking me to court

or some such and I would like to know as they have not responded within the 12 day timescale what this means.

[ims21]

Personally I would totally ignore them until they comply with the CCA request.

 

They wrote to you and you wrote back so they have o reason not to provide this under your lawful request.

 

While a telephone conversation and giving out security information doesn't acknowledge the debt I would certainly NOT be telephoning them at all.

 

If anything, if their 12 + 2 days are up then you could send them the account in dispute letter as they have failed to comply with the Consumer Credit Act.

[ims21]

Oh and by the way...check your credit file to see who actually does own this debt. Noddle is free.

[Bazooka Boo]

Ha ha cr@pquest by name cr@pquest by nature, re-writing the rule book again, and making it up as they go along, dear oh dear, ensure you make a formal complaint to the OFT&TS, and as advised ignore them, wait until they are out of time, which is most likely three weeks ago, and send them the failed letter in the library.

 

Send it 2nd class and obtain proof of posting which is free from the PO counter.

[edmurph13]

Thanks ims21 - I don't think Noddle or any Credit Reference Agency's will have this debt showing as it's around 10-12 years old but I think I only stopped paying them about 5 years ago and it wasn't showing on Experian a few months ago.

[Bazooka Boo]

Then IMO they are cash cowing you. I'd be inclined to ignore them.

[ims21]

Not in Scotland by any chance are you?

[ims21]

Then IMO they are cash cowing you. I'd be inclined to ignore them.

 

 

+1

[edmurph13]

no in nw england

[edmurph13]

should I just ignore them or send the account in dispute letter as they have failed to provide cca in the required time + if I do send the dispute letter not sure of date to use for date it was signed for by capquest

[Bazooka Boo]

Yes send the little darlings this http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

And ignore them.

[edmurph13]

cheers - what date do I use for the 'This was signed for as delivered on the **DATE**' I sent the letter 30/07/12 and their reply letter is 01/08/12 do I assume they got it on 31/07/12 or play it safe and go with 01/08 the same day as their response to me

[robcag]

cheers - what date do I use for the 'This was signed for as delivered on the **DATE**' I sent the letter 30/07/12 and their reply letter is 01/08/12 do I assume they got it on 31/07/12 or play it safe and go with 01/08 the same day as their response to me

 

If you used a 'signed for' postal service then you can just look up your tracking number on the Royal Mail site and check the date.

 

Rob

[Bandit127]

I would add a note of caution on the advice to ignore them. Some creditors will issue a frivolous claim.

 

Personally I would lay a trail for a judge to show that you have not been negligent. They are well over their 12 days so send the account in dispute letter. But I wouldn't ignore them given the (albeit slim) risk that they might issue a claim.

 

Set up a token payment of £1 a month - or no payment. That is up to you.

[Bazooka Boo]

I would add a note of caution on the advice to ignore them. Some creditors will issue a frivolous claim.

 

Creditors YES, dca's NO.

 

DCA's cannot issue a summons UNLESS they are the legal owners under the law of property act.

 

No caution is ever needed to ignore DCA's they have ABSOLUTELY no legal powers over anyone.

 

The OP hasn't been negligent at all, in fact if anything has gone above and beyond what any debtor needs to do.

 

Never ever pay a DCA, they have zero legal powers, zero caution is needed, they are in the wrong, you have all of the legal rights behind you, they have none, and DO NOT set up any kind of payment to them, ignore them.

[Learnerlitigator]

Have to say BB, it's not entirely unknown for DCAs to slip in a default judgement at CCBC whether or not they can prove ownership/enforcement. I'd prefer to use the avenue that's open re the CCA request and put the burden of proof back to them early doors.