My DCA has upset me

Locana

Hi Yall!

I cuurently have a debt that is being handled by CrapQuest. I have been paying them an amount which I can afford for a few months now, and called them the other day to pay this months dues. The man on the other end CHRIS HORN, said that he would not be able to continue taking this amount and that he would need to get me to fill in a financial sheet thingy. I said that I wouldn't be able to pay more than I already am, and he said that it was not his business and that he is looking foe me to pay off the debt as soon as possible, and that he wants £100 per month!

I said that I would be writing to him to ask for the proof that they 'own' the debt, and he sais that because Ihave already paid some, I have acknowledged the debt and therefore does not need to prove this. He was very arsy, and that he would send me a letter in the post regarding the conversation, and that he has put a note on the system saying that I am seeking legal advice.

Can I still write to ask for proof, or have I indeed acknowledged the debt by paying some?? Would it be better to go direct to Alliance and Leceister to sort something out?

Many thanks for any help given.....

PS - Where are all the 'Thanks' buttons??

THE_LONE_RANGER_4

hi go to the creditor direct,say you are prepared to pay them direct but not capquest if they refuse say you then dispute the full debt and will not pay any thing further until it goes to court ,if the debt is in dispute you should not be harrased by the likes of capquest if you are bang a letter of to oft etc

BobProperty

Locana wrote:

Hi Yall!

I cuurently have a debt that is being handled by CrapQuest. I have been paying them an amount which I can afford for a few months now, and called them the other day to pay this months dues. The man on the other end CHRIS HORN, said that he would not be able to continue taking this amount and that he would need to get me to fill in a financial sheet thingy. I said that I wouldn't be able to pay more than I already am, and he said that it was not his business and that he is looking foe me to pay off the debt as soon as possible, and that he wants £100 per month!

I bet he's had a kicking for his April figures Seriously, you can only pay them what you can afford and I would be reluctant to pay them anything without proof they own the debt, as opposed to them trying to recover it on someone else's behalf. Others on here know more about CrapQuest, I had them after me for a debt which I was already in the process of sorting with the original company. It wasn't until I'd been on here that I learnt what to do - which in my case was not let them get anywhere with their phone calls.

Locana wrote:

I said that I would be writing to him to ask for the proof that they 'own' the debt, and he sais that because Ihave already paid some, I have acknowledged the debt and therefore does not need to prove this.

I doubt that but await another opinion. IMHO acknowledgement of a debt is not the same as knowing who owns it.

Locana wrote:

He was very arsy,

Nothing new there, then.

Locana wrote:

and that he would send me a letter in the post regarding the conversation, and that he has put a note on the system saying that I am seeking legal advice.
Can I still write to ask for proof, or have I indeed acknowledged the debt by paying some?? Would it be better to go direct to Alliance and Leceister to sort something out?....

Yes ask for proof, yes go direct to A&L if you can is my opinion.

Locana wrote:

....PS - Where are all the 'Thanks' buttons??

They have temporarily disappeared again along with the avatars. Don't know why.

Harassed_2

Write to them, using the letter below. Send it by Recorded Delivery and enclose a £1 postal order in payment of the statutory fee. Pay them nothing more until they prove the debt, the fact you've made payments is immaterial.

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 a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

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.

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
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.

Locana

Thanks Harrassed!! I knew you would be along soon!!!

Locana

And thanks Lone Ranger and Bobproperty too!!