Gettinthere v DCA

[gettingthere]

I'm new to all this but have decided to start taking control of creditors trying to extort money from my family.

 

The first one is a DCA acting on behalf of a creditor - we do not recognise this debt anyway.

 

Sent CCA which was received by them on 11/4/07 - Letter received saying account put on hold for 2 weeks whilst credit agreement was sent.

 

Nothing further received - I believe the 12 working days plus 30 days expired yesterday.

 

I have drafted the following letter to send tomorrow - Is this OK or should I alter it in any way?

 

 

VERY IMPORTANT - PLEASE READ CAREFULLY

 

Dear Sir/Madam

 

Re Alleged Debt xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

I refer to my letters dated 30th March 2007 which was delivered via recorded delivery to your offices on 11th April 2007.

 

In my letter delivered on 11th April I made a formal request for a copy of the signed, executed credit agreement for the above numbered xxxxxxxxxx account under section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on the 27th April 2007 and 27th May 2007 respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at 27th April 2007 this account became unenforceable at law and if I do not get a satisfactory reply to this letter it is my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within ten (10) days of receipt may result in immediate litigation being commenced against your company without further notice.

 

I would appreciate your due diligence in this matter.

 

 

Yours faithfully

[diskmandave]

The letter is fine, but just a few minor points.

 

1) For the calendar month, if the last day falls on a Sunday or Bank Holiday it becomes 31 days and not 30, but as the last day has fallen on both a Sunday and a Bank Holiday I think you'll find that the offence is committed on Tuesday.

 

2) Personally I wouldn't threaten them with litigation, i'ld change that to reporting to OFT/TS's/FOS.

 

3) I'ld finish the letter by requesting a copy of their company complaints procedure so they can see you know the correct route for complaining to the FOS.

 

Best wishes, Dave.

[rory32]

I would agree with Dave. The litigation bit actually will make them think that perhaps you don't know what your doing (remember what they have committed is a summary criminal offence - not a civil offence).

 

I would also include Dave's point about the complaints procedure, as the FOS prefer you to have given the company the opportunity to resolve the complaint before getting involved.

[gettingthere]

Thanks will change it.

[diskmandave]

Having had a re-read of your first post in this thread, i'ld also suggest opening a dialogue with Trading Standards.

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Put the postcode of the DCA in the search box at the top left to find the address of the TS's to contact.

 

Have a read of my Lowell/Cap1 thread to see just what 1 letter form TS's can do...

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

Good luck, regards, Dave.

[gettingthere]

Just a quick update - We have heard nothing from this DCA since I sent the letter above.

 

Oh and the creditor was Crapquest!

[Curlyben]

Errrrrm Crapquest are another DCA not a creditor.

I'm sure you'll be getting a letter from them at some point.

If you do then CCA them as well to ensure that they have the legal right to collect on this "debt".

[gettingthere]

Sorry my mistake - What I meant to say was DCA is Crapquest - Creditor was Littlewoods which no-one in the family has ever owed money to.

[Curlyben]

Well there's no rush, simply wait untill they contact you.

[gettingthere]

We have now had a letter from HL Legal which I have coped below.

Does this letter count as a 'Letter Before Action' letter?

 

 

If so we were going to send the below letter as borrowed from somewhere else on here - Is this the right response? Should it be sent to both HL Legal and Crapquest?

 

HL Legal Solicitors

Herbert Street

Redditch

Worcestershire

B98 8BL

 

26rh July 2007

 

Your Ref:

 

Dear Sir/Madam

 

Capquest Investments Ltd

 

ACKNOWLEDGEMENT OF NOTICE OF PROCEEDINGS.

 

I acknowledge receipt of your notice of legal action sent by your Company on 24th July 2007.

Firstly you state that your letter is in response to me not replying to a letter sent by Capquest Debt Recovery Limited on 5.6.07. May I make it quite clear to you that I have not received a letter dated 5th June from Capquest Debt Recovery Limited.

I have made it quite clear to Capquest Debt Recovery Limited that I do not acknowledge any debt to them.

In respect of your letter the following applies:

 

I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

 

The claimant's letter should :

 

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

 

(b) enclose copies of the essential documents which the claimant relies on;

 

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

 

(For many claims, a normal reasonable period for a full response may be one month.)

 

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

 

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

 

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

 

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

 

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers to force all parties to comply with the practice direction.

 

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

 

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

 

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the civil Procedure rules.

 

Request for disclosure

 

I request that you send me information vital to investigating your claims, including:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this account formerly held with Littlewoods.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 28 days of your providing this information.

 

I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

You should also be aware that in a letter delivered on 14th April to Capquest I made a formal request for a copy of the signed, executed credit agreement for the alleged account in question under section 78(1) of the Consumer Credit Act. In addition a statement of any account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before Capquest entered into a default situation. If the request is not satisfied after a further 30 calendar days, Capquest commit an offence. These time limits expired on the 3rd May 2007 and 4th June 2007 respectively.

 

I enclose a copy of my last letter to Capquest Debt Recovery Limited dated 4th June and signed by them as being received on 7th June. I have not had either an acknowledgement or reply to this letter.

 

I am, quite frankly, disappointed to hear from a firm of solicitors regarding this matter when your clients have quite blatantly failed to comply with a lawful request made by myself under the Consumer Credit Act 1974.

 

 

Yours faithfully

 

Should I also be sending a copy of their letter to trading standards?

[gettingthere]

Anyone help?

[rory32]

Should I also be sending a copy of their letter to trading standards?

Yes

[gettingthere]

Now had further letter from Capquest - They now state that the originator of the debt (Littlewoods) have been unable to provide them with the alleged agreement and because of this they have returned the CCA request cheque. They are also now in the process of referring the account back to Littlewoods.

 

How do they manage this as they have stated that they had purchased the debt from Littlewoods. Even their latest letter states that the debt was purchased from Littlewoods!

[rory32]

This happens all the time. There will be a clause in the assignment somewhere that allows them to do this.

[gettingthere]

Thankyou.

[diskmandave]

It never ceases to amaze me how after throwing all of their toys out of the pram in an attempt to scare the nasty debtor just how damn quick they can pick them all up again and take their ball home!!! Hope they've sent your quid back??!

 

[gettingthere]

Sent original cheque back - had never cashed it.

[diskmandave]

Sent original cheque back - had never cashed it.

 

 

Just goes to show...! Maybe a couple of years ago.... We'ld have been genuinely afraid of these muppets!

 

Now, they're running for the hills without sight of a CC Agreement!

 

 

[gettingthere]

Letter from Capquest today:

 

They state that the account is now closed and the balance has been set to zero and they will no longer be pursuing the debt.

 

Is that it I wonder - letter will be kept very safe anyway!

[Curlyben]

Oh dear so sad.

Result !!