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Old debt rears its ugly head.

2

Comments

  • Majestic
    Majestic Posts: 89 Forumite
    Following my request of a copy of the original CCA, I received a letter from Capquest this morning informing me that my account has been put on hold for 28 days, whilst they gather the infomation regarding the defaulted account.

    They've also requested that if I have any infomation on previous payments to the debt, that would assist them with my query.

    I assume this is some sort of ploy into getting me to admitting the debt is mine.

    Is this 28day period (of which they are requesting) common procedure?

    They've hardly submitted the proof i've requested.

    Advice appreciated.
  • Majestic
    Majestic Posts: 89 Forumite
    Bump!

    How do I respond to my 'account' being put on hold for 28 days?

    Thanks :)
  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi

    i would just wait the 28days to see what they provide - it is fairly common for them to request more time to find out the info. I wouldn't give them any info on what payments you have made in the past - it is a new request on me but I'd guess they could be trying to get you to admit the debt yes.
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  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Majestic wrote: »
    Bump!

    How do I respond to my 'account' being put on hold for 28 days?

    Thanks :)

    If they aren't hassling you during that time, then just wait and see what they cough up.

    If they start being a pain, then send the letter here: http://forums.moneysavingexpert.com/showpost.php?p=11660785&postcount=7
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • Majestic
    Majestic Posts: 89 Forumite
    Thanks again, Tixy and fermi.
  • Majestic
    Majestic Posts: 89 Forumite
    Right, the request for a copy of the original CCA from Capquest has gone unanswered for over 5 weeks now.

    The last letter of correspondence was them asking for 28 days to find the relevant infomation, dated 24th March.

    Could anyone point me in the right direction in regards to any action I might take against them, our any template letters I can post, to resolve or bring an end to this dispute.

    Many thanks.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Pretty much the same as in this post.
    fermi wrote: »
    If they aren't hassling you during that time, then just wait and see what they cough up.

    If they start being a pain, then send the letter here: http://forums.moneysavingexpert.com/showpost.php?p=11660785&postcount=7

    If so far you haven't acknowledged the debt in any form and they aren't hassling, then keeping :silenced: :shhh: for now is arguably the best option?

    Obviously, if they start being a pain and/or start moves towards court cation without a CCA, then it might be the time to make some further moves.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Majestic
    Majestic Posts: 89 Forumite
    fermi wrote: »
    Pretty much the same as in this post.



    If so far you haven't acknowledged the debt in any form and they aren't hassling, then keeping :silenced: :shhh: for now is arguably the best option?

    Obviously, if they start being a pain and/or start moves towards court cation without a CCA, then it might be the time to make some further moves.

    Thanks for the reply fermi, I did see your previous post but just wondered if that template applied seeing as though Capquest had asked for an extention of 28days, wotnot.

    The only thing is with keeping schtum, is that Capquest have kindly placed a default on my Credit report with Experian.

    I was just wondering how that would have been possible without the relevant infomation regarding the defaulted account?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Majestic wrote: »
    Thanks for the reply fermi, I did see your previous post but just wondered if that template applied seeing as though Capquest had asked for an extention of 28days, wotnot.

    Yes, it still applies.

    The 28 days from CrapQuest has no legal standing whatsoever.
    Majestic wrote: »
    The only thing is with keeping schtum, is that Capquest have kindly placed a default on my Credit report with Experian.

    I was just wondering how that would have been possible without the relevant infomation regarding the defaulted account?

    A creditor/DCA can still add a default even if they haven't complied with a CCA request/

    However, the default would need to be accurate regards it's date.

    What does it say is the actual "default date"?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Majestic
    Majestic Posts: 89 Forumite
    fermi wrote: »
    A creditor/DCA can still add a default even if they haven't complied with a CCA request/

    However, the default would need to be accurate regards it's date.

    What does it say is the actual "default date"?


    The default date was May 2006, which seems about right. But without a copy of the old credit agreement I couldn't be 100% sure.

    As I mentioned earlier I had two defaulted accounts from this year (including the one now involving Capquest) and i've just noticed that the other DCA persuing the other defaulted account seems to be about a year out with the date they state I defaulted. They're saying 2007 - Which is wrong.

    Although they did send me a copy of the CCA, the date on my personal credit report seems to be incorrect.

    I'm going off on a tangent here, so apologies, but can I rectify this?
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