Cca advice

BigFella_2

Hi all,

I'm new here and as I'm in a predicament, though to post to ask for help.

About 8 years ago I took out a store card with M&S and contunued to use it and pay the balance.

To cut a long story short, I moved house a couple of times and completely forgot about it (I haven't received any communication regarding this for at least 5 years).

Two weeks ago I received a letter from a debt recovery company called Cap Quest stating that since I had ignored recent letters to make payments, they would be sending baillifs to collect goods to the value of (or words to that effect).

I haven't received letters apart from this, from them but want to avoid any further action.

Is sending off the CCA letter the best course of action first of all?

I'm not in a position to pay this at the moment due to chasing debts (I'm self employed) myself.

I'm slightly concerned that a bailiff will be arriving within the next couple of days as the letter was dated 14th november (I've just srrived back from 2 weeks working overseas).

To avoid this, is it best to call them to say that I've written to them (I will post the CCA letter tomorrow)?

Any help will be gratefully appreciated.

Kind regards,
BF

10past6

Hello BF :hello:

Welcome to the forum

Crapquest are well known on here, whatever you do, DO NOT CALL THEM, instead send them the following letter by RECORDED DELIVERY, the onus is on THEM to prove you owe the money.

Creditor / DCA
Address

Your Details

Date

Dear Sir/Madam

Account no: xxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable.

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

ONLY PRINT – NEVER SIGN YOUR NAME

10past6

BigFella wrote: »

I'm slightly concerned that a bailiff will be arriving within the next couple of days as the letter was dated 14th november (I've just srrived back from 2 weeks working overseas)

Only COURT appointed bailiffs have any authority, the letter is worded to scare / frighten you into paying up, ignore it

BigFella_2

10past6

This is much appreciated and so thank you.

Regards,