Thought we'd cleared it all in 2004 - but received letter from Capquest

Bubba_Shaboo

Hi folks,

Back in 2004 we finally completed our DMP after 7 years with the CCCS.

Today, out of the blue, we received a letter from a company called CapQuest saying they had bought a debt of £62.61 from American Express and they require payment.

I've looked through my old paperwork and my statements from CCCS show the last payment made to Amex was July 2003 and that should have cleared it. I cannot, however, find any paperwork with confirmation from American Express that the debt was finally cleared.

I asked CapQuest for proof of the outstanding amount and how it had been calculated but they say the letter they sent constitutes proof the debt in fact exists and that I owe them the money

Can I, in any way, make them document/proove how I owe this money or do I just take their word for it and pay up.

Thanks for any help.

Bubba©

Kevicho

Dont let them fob you off, tell them in no uncertain terms that as far as you are concerned you have a statement that proves final payment, and that until they send evidence that you owe this money(in the form of statements etc) you consider the matter closed

Smashing

I'd be inclined to tell them to sod off, but the above idea sounds like a better one.

sgx.saint

Account Number: XXXXXXXXXXXXXXXXX

Dear Sir/Madam,

Application under the Consumer Credit Act 1974.

I do not acknowledge any debt to your company, therefore please supply me with a true copy of the alleged agreement you refer to in your letter dated xx/xx/xxxx. under 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.

In particular I require you to provide the following:-

1. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
2. A complete list of all monies paid to you by myself on this account by way of statements.

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 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 defence to any court claim that is issued.

You are reminded that you have 12 working days from reciept of this letter to supply this information.

Yours Faithfully

XXXXXXXXXXXXX

---

That should do the trick

Bubba_Shaboo

I don't want to provoke anything or ignore it but equally I don't want to pay if I don't in fact owe anything.

That letter looks good - think that's the line I'll take and hope I can sort it without too much aggro.

Thanks folks,

Bubba©

rog2

Bubba_Shaboo wrote:

Hi folks,

I asked CapQuest for proof of the outstanding amount and how it had been calculated but they say the letter they sent constitutes proof the debt in fact exists and that I owe them the money

Can I, in any way, make them document/proove how I owe this money or do I just take their word for it and pay up.

Thanks for any help.

Bubba©

The 'letter' that they sent proves ABSOLUTELY NOTHING - have a look at other threads on Crapquest, on this forum, before you judge what a thoroughly unproffessional bunch of thugs you are dealing with. :mad: :mad:
May I suggest that you refer this to CCCS, as they were dealing with your DMP.
Good luck

sgx.saint

Don't worry about provoking anything when it comes to exercising your rights.

That £60+ pounds might just be an outstanding charge anyway, and the chances of them chasing you for such a small amount are slim.

Send that and sit back and see what happens.

Whilst they do not or cannot provide you with the documents you request the debt remains un-enforcable.

looby75

Bubba_Shaboo wrote:

.

I asked CapQuest for proof of the outstanding amount and how it had been calculated but they say the letter they sent constitutes proof the debt in fact exists and that I owe them the money
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It always makes me LOL when I read about DCA's coming out with stuff like that! If that's true why don't we all write letters to the DCA's telling them they owe us all money and that the only proof they are getting from us is the letter telling them they owe us money :rotfl: :rotfl:

Bubba_Shaboo

Hi folks,

Anyone got any advice on next steps?

Capquest replied to my 'prove it' letter with a couple of holding replies and have just now sent me a copy of my original application form for an American Express credit card. This account did fall into arrears and as far as I'm concerned was paid in full under my DMP with CCCS.

Capquest have not provided a copy of a deed of assignment or a list of monies paid on the account - they have, however, only given me a week to settle (plus the debt is now £63.87 - was £62.61 originally).

I don't acknowledge the debt because I don't believe there is one - is there another letter template that follows the original 'prove it'?

Cheers,

Bubba©

jobbingmusician

I've just made up the following template.

Dear Sir

Thank you for your recent correspondence.

You sent me a copy of my original application form for an American Express credit card. I accept that at one point this account did fall into arrears. However, I am sure you will be aware, having investigated my affairs, that this debt was paid in full under my DMP, which was managed by CCCS. The DMP was reference number (insert reference here). I suggest you write to them about this matter if you feel that this DMP has not been discharged properly. I would be grateful if you would copy this correspondence to me.

Yours sincerely

Copy this to CCCS, sit back and watch the fun!

(I've just made this up, and it is open to improvement if anyone else wants to contribute....:D)

Bubba_Shaboo

Thanks for the reply jobbingmusician.

I might contact CCCS and Amex myself first to see what info they hold.

I've also asked on the Consumer Action Group forums to see what the thoughts are of the peeps on there.

Cheers,

Bubba©