CapQuest problem...

FTW

thechippy wrote: »

It's also worth cca'ing, as the agreement will show if cq have the right to charge interest. They can only charge interest if the original agreement has that provision if the debt is sold on and most of the time they don't.

Very good point.

Maharishi

FTW wrote: »

What's meant by a CCA (Consumer Credit Act 1974) request, is to have the pursuing company substantiate their legal right to collect on a debt that's covered by that act (and your debt being a Skycard, it will be covered under that).

This they must do by supplying a copy of the original agreement.

What you'd need to do to fulfil such a request is to enclose a £1 postal order with the letter (NEVER use cheques!).

That's for statutory payment to them for the purpose of them completing the request - it's worth specifying in the letter that the enclosed payment is to be used ONLY for that purpose.

The correspondence should be sent recorded at least (so you're able to see if they got the letter - they WILL deny getting that letter if you don't), and you should NEVER provide them with any signatures at any point.

You'll find excellent template letters on this site and on Consumer Action Group as well that you can use.

In answer to your next question, you're not denying that the debt exists - you're asking them to prove their legal right to collect on it.

If they can't do this, or supply a legally enforceable document, a court would regard any attempts by them to enforce as a complete waste of their time.

With regard to the quote I have 'red lined' above:

Unfortunately, I have (and always tend to) sign any letters. Is there something I am missing here? i.e. giving them a signature could invite a document subsequently appearing that I seemed to have signed... or is Monday Morning Paranoia running amok in my head.

By the way, thank you all so much thus far. Very enlightening and helpful in the extreme.

M

fermi

It has been known for a DCA to transfer your signature onto a copy of something to make it look like you must have signed the original.

I'm honestly not kidding. I don't think I've heard of CQ doing it, but given their reputation and general lack of honesty it wouldn't surprise me.

Not saying that it is likely to happen, and it's nothing to worry unduly over. Cases have been rare, but if you can err on the safe side then it's normally best.

bargainbetty

Some agencies have been known, or at least strongly suspected, to use signatures sent on letters to forge signatures onto credit agreements that would otherwise be unenforcable.

It is usually best to print your signature when dealing these people. Just in case.

bargainbetty

I am sure that Fermi, like me, is just expressing an opinion based on hearsay, rather than claiming to be stating anything factual.

That's my opinion, and it's legally protected

fermi

If you count "hearsay" as a CAB debt advisor signing a letter on a clients behalf, and then getting an agreement back in the client's name but with the CAB advisor's signature copied/pasted on it, then yes. :eek:

I jest not.

Obviously, I only have the CAB advisor's word for it...

(Not CRAPQuest I hasten to add....)

FTW

To 'test' the signature theme, you could get someone else to sign your next letter - and see if the CCA request comes back with that signature on it.

Maharishi

Ah, good. Seems that, in this case my arithmetic was correct. 2+2 does indeed equal 4! Forewarned is forearmed...

Allow me to hypothesise:

I request the aforemetioned CCA.
It doesn't materialise.
I then say, 'You can whistle for it' (?)

What's their predicted move here?

Do they attempt to sue me (or pretend they're going to with scary letters)?
Do they just sod off and leave me alone (unlikely)?
Other?

M

FTW

Maharishi wrote: »

Ah, good. Seems that, in this case my arithmetic was correct. 2+2 does indeed equal 4! Forewarned is forearmed...

Allow me to hypothesise:

I request the aforemetioned CCA.
It doesn't materialise.
I then say, 'You can whistle for it' (?)

What's their predicted move here?

Do they attempt to sue me (or pretend they're going to with scary letters)?
Do they just sod off and leave me alone (unlikely)?
Other?

M

If you retain confirmation that they received your request, they'd have to have lost the plot to try to sue you whilst that request hasn't been satisfied.

First evidence any court would ask for is to see the original agreement. If they can't supply that, it would be laughed out of court.

Another agency may well soon try the same, but you just refer them to the CCA request you sent to CQ - and if the new company asks, no you can't send them a copy of the CCA letter you sent to CQ.

Once the CCA request has been sent off, you've done your bit, and any new company should be told that it's not your job to do their job for them.

Maharishi

FTW wrote: »

If you retain confirmation that they received your request, they'd have to have lost the plot to try to sue you whilst that request hasn't been satisfied.

First evidence any court would ask for is to see the original agreement. If they can't supply that, it would be laughed out of court.

Another agency may well soon try the same, but you just refer them to the CCA request you sent to CQ - and if the new company asks, no you can't send them a copy of the CCA letter you sent to CQ.

Once the CCA request has been sent off, you've done your bit, and any new company should be told that it's not your job to do their job for them.

Thanks FTW. Does this happen much, where one DCA passes the debt onto another? And, if so, does each subsequent DCA further down the pecking order operate more aggressively in their efforts to collect?

Wonder if this is why Mint toughs it out and doesn't sell on...

M