Capquest - Next steps after CCA?

[Bubba Shaboo]

Hi folks.

 

I received a letter from Capquest dated 28/12/06 stating that they had purchased a debt of £62.61 from American Express and requesting I contact them to make payment.

 

I did have an American Express credit card back in the late 90's which fell into arrears but was eventually paid off in 2004 (along with other debts) under a Debt Management Plan (DMP) with the Consumer Credit Counselling Service (CCCS).

 

I therefore contacted Capquest by phone to ask for confirmation of the debt and how it was calculated - the phone call was unproductive and I was pressured to just pay up.

 

I did a little on-line research and found the 'prove it' template which I duly sent 29/12/06.

 

I received one holding reply dated 31/01/07 advising that the information had been requested from American Express and my 'account' was on hold.

 

I then received a further holding reply dated 03/03/07 saying they were still talking with American Express.

 

I have now received a letter 16/05/07 enclosing a copy of an application form for an American Express credit card that was signed by me in 1995. The application form does not have a signature in the box underneath my signature which is labelled 'Authorised American Express Signature'.

 

Capquest have not enclosed a copy of a 'Deed of Assignment' (DOA) or a list of monies paid by myself on the account - there is no indication of how the alleged debt is calculated although it has risen from £62.61 on 28/12/06 to £63.24 on 31/01/07 and £63.87 on 03/03/07 and 16/05/07.

 

Where do I go from here?

 

Do they have to prove the debt?

 

Is it enforceable if the application form has not been signed by American Express?

 

Do I contact American Express to check if they have a record of the account being paid-up under my DMP?

 

Any help very gratefully received.

 

Cheers,

 

Bubba©

[rory32]

You asked for a copy of the agreement so sending you an application signed or not is irrelevant.

 

Yes they have to prove the debt - if a stranger came up to you in the street and said you owe them money you would tell them to p*ss off. The same attitude should be taken to this shower.

 

Even if they send you a copy of the agreement this doesn't prove the debt (a statement of account would). As it stands whether their is any money owing or not it is unenforceable. You probably won't be hearing very much from Capquest again. If you do report them to the OFT. ICO and Trading Standards.

[Bubba Shaboo]

Sorry, I may have worded that badly.

 

The application form was signed by me in the box entitled 'Credit Agreement regulated by Consumer Credit Act 1974' so presumably this is the Certified Copy Agreement (CCA)?

 

As you can tell I'm not 100% on the terminology but thanks for your help.

 

I'll have to check back again tomorrow as I have to be up early in the morning.

 

Goodnight,

 

Bubba©

[rory32]

"The application form was signed by me in the box entitled 'Credit Agreement regulated by Consumer Credit Act 1974' so presumably this is the Certified Copy Agreement (CCA)?"

 

This is not a credit agreement it is an application for credit. Once your credit is approved you are sent a copy of the credit agreement which you sign and return, it is then signed by the creditor. If you are unclear on what constitutes a credit agreement I would suggest you look at the Consumer Credit Act 1974.

 

If at any time you receive something telling you it is a credit agreement I would suggest you scan it in so it can be evaluated.

[Bubba Shaboo]

Thanks for the clarification rory32, I really should have known that shouldn't I?

 

Do I now communicate with Capquest to advise them that, as they have not complied with my request, then that is the close of the matter as far as I'm concerned, or do I just sit tight and do nothing?

 

Cheers,

 

Bubba©

[rory32]

After receipt of the CCA request Capquest had 12 working days to send you a copy of the agreement. If the 2 working days are up they are in default and the debt as it stands is unenforceable. Please note this does not mean it has gone away only that they can not lawfully pursue it.

If after a further 30 calender days they do not produce a copy of the agreement they have committed a summary criminal offence (up to a £2.5K fine). The longer they take to supply it the higher the potential fine.

I would not bother writing to them until they are over the 30 calender days.

As the debt is so small I would ask them, after this period is over, if they would now like to write off the debt and remove any defaults they may have enter on your file before you report them to Trading Standards for their offence.

If you do end up having to report them to Trading Dtandards you must do this within 6 months of the offence occuring, as after this it is statute barred.

It is, however, highly likely that they will just write off the debt and you will never hear from them again.

[Bubba Shaboo]

I would not bother writing to them until they are over the 30 calender days.

 

Well the 30 calendar days is well past so I think I'll just see what happens following the deadline they set of 25/05/07 for me to pay up. If they write again then I'll give them a chance to write it off before contacting Trading Standards (TS).

 

Thanks again,

 

Bubba©