capquest chasing me for a debt 5 to 6 years old.

Hannah_10

Ahh well you see, you don't know if you paid it or not... So as you don't know you'll be wanting to see the evidence then.

SAR the fekkers.

And don't be in a rush to do it either, we all know it takes 2 weeks to write a letter.

mandjaz06

I like the way you think
I do want evidence though and my last letter has requested it too.
I also know to look out for them sending me an application form rather than a true original credit agreement.
The internet is a wonderful thing

Hannah_10

Of course you want evidence, or at least you will, a fortnight from when thier last letter arrived when you've had time to digest your thoughts.

When you get the evidence you might find that there was something else you felt the need to enquire about. Can't be too careful!

Wouldn't like to think that they'd missed anything out either, you'd have to write again!

If they start phone harrassment that'd be a right pain because you'd have to send them a letter telling them to stop that before you could get back on with finding out the amounts.

Of course if they didn't stop the phoning then you might feel you have to make a formal complaint. Perhaps they will listen, perhaps though they wont and you'll hae to take it to the regulator.

Actually come to that if they keep making threats while you're trying (perfectly legitimately) to resolve the issue, then the regulator might be your only option- after you'd tried all the others of course.

Or added any charges, now that would be bad, they're not allowed to do that without your agreement. The regulator really wouldn't like it if you had to complain to them about that.

The trouble with the regulator (Financial Ombudsman Service) is that they wont resolve a complaint until you have recieved the companies final word on it. It's a bother. You have to have written and complained, then got thier response, then checked with them it was thier final word, then written to the ombudsman, then informed the DCA you called int he FOS... Then the FOS take a couple of weeks to even look at it! It takes ever so long!

Some things just can't be hurried, one must never gloss over a dispute in a hurry, one should always take the time to investigate thoroughly.

Cup of tea?

mandjaz06

You know, you have actually made we wish for them to call again now.
Great lengthy process to hold them off that way... May even hold them off till April 2011 haha, then no denying it isn't statute barred as they have sent me proof that it will be by April.
Make mine a coffee please Hannah, I will crack open the bourbons!!

Hannah_10

Any calls you get write down the time date, exact conversation and keep them listed- you may at some point int he future reach the end of your tether, who knows when that might happen, it could be at some crucial point which would be awful!

When they call you and ask for you by name say "speaking" as you are Mrs Bloggs after all (or whomever) they will then say "can you confirm your full name, address including post code and date of birth". Say "no". Just no, nothing longer is required. They get flustered then, they'll repeat it a few times or ask you to say it again. Say "no" again, nice and clearly. If they say "shall I put it on the record that you are refusing to talk to us Mrs Bloggs" you have to be careful- say the answer as a sentance "I refuse to answer secuirty questions". Then they'll say "why not" and you simply say (again consider it a game of saying as few words as you can) "I do not answer security questions", then this is the killer... go quiet. They'll say "you've spoken to us before Ms Bloggs", say nothing. They might say "do you still live at 1 High Street Ms Bloggs", say nothing. They might say "if you do not pay your debt Mrs Bloggs we will take your house/sanity/cat/rook on square C4" say nothing. They might tell you you must answer security questions, or some other such cowpoo intimidation- say nothing!

Anything that they tell you (including that you have spoken to them before, that you live on High Street or that you have a debt) is a breach of the data protection act 1998 as you have refused to answer security questions or confirm your identity or indeed given them any feedback at all! Oh happy days!

The first time you do this your heart will be pounding in your chest and you'll probably slam the phone down after about 2 minutes. By the time you've done this a few times it becomes very very hard not to laugh aloud and thank them for thier total incompetance!

Oooh bourbons!

mandjaz06

HAHA, I can tell you really have fun with this. It has been a while since they have rang since the letters came to the door but they may well start up again. I just kept telling them they had the wrong number. It was easy to tell it was them as they always answered asking if I was Miss (maiden name). I will try and memorise all that you have said so that I can have a play with them if they do so happen to ring again.

Dunks bourbon whilst giggling... :beer:

handyman123_2

mandjaz06 wrote: »

Thanks Handy.
I am unsure though whether the debt is statute barred now or not though. It could be possible that I paid the debt plan on in april 2005 like they are saying. I wont back down though, I really hope I am as successful as you have been. Well done on your victory.
I am just wondering, could I not try stretch this out for another 8 months atleast then and that way it would definitely be statute barred. How do I keep them hanging that long though?

Hi again, when the contacted me there was at least 4 months to run. Although at the time I defaulted I was living in Scotland, where it was only 5 years to SB. The speed at which they operate when asked to provide documentation would make a snail seem fast. They will ask you to prove your identity. It's up to them not you. If they have any doubt as to your identity they can't send you the info. Catch 22 this will keep things in dispute for a good while. I think maybe 8 months would be stretching it a bit.
I don't want to frighten you but as you progress with this be a little coy with the details and spurious with the dates of letters received ect, as for sure the enemy will watch threads like this. Don't let the left hand know what the right is doing and all that. I changed amounts and dates when I was waiting them out so I didn't give to many clues.

Cheers, handy.

handyman123_2

Hi, if you are wondering what to say when a DCA phones you have a look at this thread.
http://forums.moneysavingexpert.com/showpost.html?p=8627173&postcount=1

It should make you smile.

Cheers, handy.

mandjaz06

Who is to say I didn't already tweak the dates and and amount already handy? HA, so if any of you parasites are lurking then take note!
Thanks for all the help provided so far. I do know I need to grow some men's bits and fight this through. I just hope to god they don't have original paperwork that will make this debt enforceable. Has there ever been anyone within the forums to say they have been provided with true documentation when requested? I haven't found anyone as of yet. They have tried to send application forms and such not but not read anywhere of anyone being lumbered with the original credit agreement.

Hannah_10

handyman123 wrote: »

this will keep things in dispute for a good while. I think maybe 8 months would be stretching it a bit

It is stretching it yes, but it's not impossible either. Lets say you wrote a letter every two weeks, if we assume it takes them one week to get back to you (two way postage times included) that means you've only got time for a dozen letters to them. That's IF they respond super fast to everything you ask for and there are no causes to complain the FOS and dispute anything through them. Given that they have 40 days just to comply with a SAR I think you're more likely looking at having to think of about 6-8 letters to send them to drag it over into SB.

Thats IF it's not SB already and they're simply lying, cheating and stealing again!

We shall see if they comply with the SAR properly in the first instance!

Thier getting thier money depends on them having always played fairly and playing fairly at every step of the proceedings from now on. Sounds simple? PMSL if that sounds simple you've never come across a DCA before! :rotfl: