capquest cca CitiCard non compliance please help

[themadcap]

hi,

i sent to capquest for my cca on 8/1/07 for a debt they purchased from citicard

 

 

i received a reply from them on 12/1/07 saying account would be placed on hold for 28 days whilst they obtain the required information,

 

 

i received a further letter today 10/2/07 stating they have requested this info directly from citicard and are awaiting a response,

and will contact me within 28days, as they have purchased the debt from citicard

(confimed by letter and s.a.r and the letter sent from them states DEBT PURCHASED FROM: CITICARD)

 

 

they are now the creditiors so should they not have bought the cca and rights of assignment from citicard

when the debt was sold to them and not need to contact citi as the debt is no longer citis problem?

 

please anybody help

[lookinforinfo]

It is pretty typical that these companies buy the debt without a copy of the

original agreement. However they will have a deed of assignment-it's just

that it is not part of a CCA requirement.

 

As it stands, Capquest are already in default as they should have sent the documents by the 26th January. They will have committed a criminal offence if they still haven't delivered by the 27th February.

 

So just keep quiet and let them commit the offence. Once that's done, they require a Court Order to reinstate the debt. they will be unlikely to do that

since they first face being charged with the offence and a large fine [probably more than your debt].

 

So just keep quiet, retain all correspondence and hope they do not produce

the required items by the end of this month.

[themadcap]

thanks for that

as the request was received by them on the 11/1/07 should i receive all documents by 19/2/07 12 days and 28 days that would be 40 days from the first request

thanks

[themadcap]

Hi

My Wife Has Received A Threatening Phone Call From Ruthbridge Over A Citicard Debt That Was Purchased First By Dlc And Now Ruthbridge, Sent Dlc Cca Request On 16th Jan No Reply So Obviously Didnt Have It And They Have Then Sold The Debt On To Ruthbridge What Can You Do About It? Do I Have To Resend Cca Request To These Arrogant Horrible People

[gizmo111]

Hi

My Wife Has Received A Threatening Phone Call From Ruthbridge Over A Citicard Debt That Was Purchased First By Dlc And Now Ruthbridge, Sent Dlc Cca Request On 16th Jan No Reply So Obviously Didnt Have It And They Have Then Sold The Debt On To Ruthbridge What Can You Do About It? Do I Have To Resend Cca Request To These Arrogant Horrible People

 

Yes - are you caliming back charges on this?

[themadcap]

no we havent claimed back charges, should i make ruth bridge aware of the fact dlc failed to supply cca request? and can DCAs not just keep passing these debts around once they receive a cca request to avoid complying

thanks

[gizmo111]

no we havent claimed back charges,

 

I would suggest that you send off an S.A.R - (Subject Access Request) to Citi and work out how much these are, and start the reclaiming process, but be aware that Citi make it a long old slog to reclaim from them - see here http://www.consumeractiongroup.co.uk/forum/citicards/

 

but in the majority of the cases the charges have been approx 75% of the debt.

 

should i make ruth bridge aware of the fact dlc failed to supply cca request? and can DCAs not just keep passing these debts around once they receive a cca request to avoid complying

thanks

 

Up to you really - but they do keep on passing the info on to other DCA's. I would ask the creditor direct for the agreement - if they don't have it then no one can collect the debt!

[themadcap]

can anybody provide a link to read the consumer credit act 1974 in its entirety

thanks

[themadcap]

sorry RUTHBRIDGE are acting on behalf of DL&C so no need to resend but should i report them both for persuing a disputed debt as cca request has been received by DL&C

[themadcap]

i wrote to capquest informing them of their non compliance (12 + 30 days) got a letter this morning saying

 

CAPQUEST DEBT RECOVERY

ACCOUNT NO *****************

DEBT PURCHASED FROM CITICARD

 

WE THANK YOU FOR YOUR CORRESPONDENCE.

 

PLEASE FIND RETURNED YOUR £1.00 FEE FOR A COPY OF AGREEMENT REQUEST WHICH WE HAVE BEEN UNABLE TO OBTAIN FROM CITICARD.

 

PLEASE BE ADVISED THAT ABOVE ACCOUNT IS IN THE PROCESS OF BEING RETURNED TO CITICARD

 

as they have purchased the debt which this clearly states and also states the same on my citi statements when i got my SAR it surely no longer has anything to do with citi. Also my experian file states capquest issued a default on the account is this legal?

[tifo]

i'm having the same problem with other DCAs.

 

it seems to be that when confronted they use this excuse of sending back to the creditor to get out of it.

 

i don't think banks sell the debts for pennies and then buy them back if the DCA wants it, that is a no-win situation for the DCA and risky for the bank.

[themadcap]

i agree, i personally think thats the end of it as its of no interest for the banks to buy it back, even more so if they know the agreement doesnt exist

cheers:)

[kennyparkroad]

keep us updated!

[Andy Williams]

You must not stand for the default being registered with credit reference agencies.

 

Write Capquest a LBA demanding they remove the illegal default notice within 14 days. When they don't comply (and they won't ) you have a number of options 1) written complaint to Information Commisioner 2) Court Action- file an N1 stating default is unsubstantiated and claim compensation for distress. If they do not have CCA which they don't, they haven't a leg to stand on....You could also write to Experian but in my experience this is the least effective option.