Capquest - a quick question

I would send the letter asking them to provide a signed credit agreement someone else will have the link for you.

I did it recently as two comapnies were chasing me one just sent my cheque back and said the case was closed still waiting to see if the other provides one.

"progress your account to our pre-litigation system where the relevant validations and checks will be completed"

This is pseudo semi-legal jargon intended to intimidate you. Ignore it and follow the links in fermi's post. If the debt is more than six years old (12 years for a mortgage) and there has been no contact during that time it is very likely to be statute barred and they are just trying it on.

Lolly send them this:



I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 3rd Nov 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of "insert your address", will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf

And hey presto it will be sorted, remember to enclose a chq for £1 and also send the letter recorded delivery so you can prove they have rcvd it.

The standard reply from debt collectors is " we dont have your credit agreement so we will not ba chasing you anymore" however this doesnt stop another group of chancers trying it on.

Any more questions just ask

all the best

the bear

I would send a postal order rather than a cheque. You don't want these scumbags to know your bank account details.