CapQuest/drydens PAP LOC - old Cap1 Card debt

[AndyOrch]

Lowell are trying the same thing blaming Covid 19 and postal services as a way to avoid their duties pursuant to section 77/78/79 of the CCA 1974.

 

The Consumer Credit Act 1974 unfortunately makes no allowances  for COVID 19 or DCAs staff being furloughed and working from home 

 

 

[Americanmuscle]

It was the contradiction in their letter that made me chuckle

[Americanmuscle]

Recieved a letter from DrydensFairfax this morning it reads....

 

This is a letter of claim sent to you in accordance with the pre-action protocol for debt claims,blah blah blah.We are instructed by our client Capquest in relation to the above debt.If you do not provide proposals to repay this debt,or respond as otherwise detailed in this letter and it's attachments,legal proceedings may be issued against you in the County Court.Blah blah blah.

The agreement this debt relates to was entered ito between you and Cap One on xx Nov 1998.

A copy of the agreement can be requested using the reply form.

 

I guess they have forgotten I am STILL waiting for a copy that I requested over a year ago

 

Still, more paper for lighting the fire

[AndyOrch]

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/

[dx100uk]

1 hour ago, Americanmuscle said:

Still, more paper for lighting the fire

 

no you must respond as post 2 in the above thread andy posted.

 

dx

 

[Americanmuscle]

I will do,  I requested a copy of the CCA over a year ago and to date have not received it

Edited September 29, 2021 by dx100uk
unnecessary previous post quote removed

[AndyOrch]

Then I doubt they will be able to comply this time...but requesting a section 78 and complying with PAP are two very different things.....if they proceed to litigate and issue a court claim...the first point they will make is that you never responded to their letter of claim.

 

 

Andy

[Americanmuscle]

That makes sence, I guess if they can't produce a CCA again they will wait another year and start the whole thing over again

[Americanmuscle]

Just to confirm, on the PAP paperwork under section D where I dispute the debt I simply put...I have requested a true copy of the original CCA from Capquest. ?

Or do I need to add anything else?

 

And then under section I, I simply put the same as section D?

 

Thanks

[dx100uk]

no you follow our guide on that thread as in what post 2 states...

 

your additional reason from your thread bit... i'e what we have stated here could read: despite repeated  requests ....has yet etc..

[Americanmuscle]

Letters posted (with proof of postage) to both Capquest & Drydens on Jan 11, letter received today from Drydens..

Thank you for your recent request for further information.Unfortunately our client has been unable to provide a copy of the Credit agreement at present.

Despite the above, the balance remains due and owing and it is imprtant that the matter is addressed.

 

It has been over 12 months since I previously requested  a copy of the CCA so I will wait a further 6 (working) days which will be the required 12 + 2 days for Capquest to respond

[dx100uk]

Then do nothing

[AndyOrch]

If you wished to have a bit of fun......

 

Thank you for your response unfortunately until such time your client is able to provide a copy of the agreement then the matter will not be addressed.

 

[Americanmuscle]

51 minutes ago, dx100uk said:

Then do nothing

This is the route I will be taking