Capital One, Capquest and letter from HL Legal

Squirrelnutkin

Hi, I would really appreciate some advice (this is my first post here).

I have been unable to work since suffering from cancer 10 years ago. I had credit card and loan debts I was unable to settle and the CAB helped me set up agreements for token payments with the 7 creditors involved. These have now been in place for over 9 years.
Capital One recently refused to accept my statement of personal finances and demanded to see my bank statements and proof of income. I refused to supply these and I understood they had no right to see them. I explained my reasons but they immediately issued me with a default notice. I very quickly received a letter from Capquest stating my account had been passed to them "to manage"; the letter is dated 23rd August.
Before I even received the letter I was bombarded with calls from them (I had clearly stated to Capital One in every letter that I did not want to be contacted by phone). I did not answer the phone as I long ago learned to screen my calls.

I have today received a letter from "HL LEGAL" dated 31st August saying that if I do not pay account in full or satisfactory proposal for settlement is not made by 13th Sept court proceedings "may be issued" and goes on to list the costs etc.

I had been considering writing a letter requesting to see the original agreement on this and all my other debts bearing in mind they are all now well over 10 years old. My question is, do I contact Capquest first to try and make an agreement for token payments or just send the CCA request?

Sorry this is so long!

DarkConvict

Capital One recently refused to accept my statement of personal finances and demanded to see my bank statements and proof of income. I refused to supply these and I understood they had no right to see them.

Correct, they have no right to see personal information. Only a judge at court can ask for them.

I explained my reasons but they immediately issued me with a default notice.

OFT state a default "should" be placed within 6 months of you defaulting the agreement, i.e. a below minimum payment. 9 years later is far to long and you should take this up with the OFT to get the default removed. A debt should only say on file for 6 years so adding a late default extends this date.

I have today received a letter from "HL LEGAL" dated 31st August saying that if I do not pay account in full or satisfactory proposal for settlement is not made by 13th Sept court proceedings "may be issued" and goes on to list the costs etc.

Start scare tactics, as you spotted the word "may" is used.

I had been considering writing a letter requesting to see the original agreement on this and all my other debts bearing in mind they are all now well over 10 years old. My question is, do I contact Capquest first to try and make an agreement for token payments or just send the CCA request?

You contact whoever is acting on behalf of the original creditor. So for the above debt send the CCA request to CapQuest - https://forums.moneysavingexpert.com/discussion/2305463

fermi wrote: »

If a DCA has bought the debt, then they are legally the creditor by law and must provide the CCA.

If they are just acting for the OC then the law says the must forward the request and payment on to the OC.

Either way, refusing the request and saying that you must contact the OC is bullsh*t. Plain and simple. Just tactics to try and avoid there responsibilities.

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A DCA collecting a debt on behalf of a creditor is an "agent".

175. Duty of persons deemed to be agents.

175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

If the DCA claims to have been assigned the debt then.......

189. Definitions.
“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

mr.ton

Send Capquest/HL this:

Dear cretins.....(dont put that really )

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.
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 cheque made out for a £1.
Take note that these funds are not to be used for any other purpose.
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.
You have 12+2 days.
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.
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 defense 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.
I trust i make my position clear.

PRINT NAME DO NOT SIGN

Squirrelnutkin

Thank you both so much for your prompt replies. I will get the letter off to Capquest on Monday.