capquest returned by letter asking for original agreement... what now?

phillipg_2

Hi there, new to this but need advise. I was contacted by a company called capquest saying that I owed £12173.83 to HFC bank? I totally disputed this as although I had a loan with HFC many many years ago to my knowledge this was all finished over 8 yrs ago. So I sent them the standard letter asking for a full breakdown of the debt and asking for a copy of a signed credit agreement and statement of the account. (standard sample letter left unsigned but with my name typed at the bottom). Incidentally they sent the original letter to my mothers address 25 miles away from where I live and not to my home adress and I have certainly not lived with my mother in 26 years!
I sent this on the 8th August with a £1 postal order.
Today I received both my letter back from them including my £1 postal order, with ''received 10th august 2011'' stamped on my letter along with a letter from them stating..

Account number **********
Balance £12173.83
our client HFC Bank ltd

Thankyou for your recent correspondence.
Please find attatched your letter dated the 8th August as well as your £1.00 administration fee for you to sign and return so we can forward your request on to our client to process for you.

Our client has asked that all requests for documentation under the CCA are signed by the account holder.
yours sincerly

jane cubberley.


Can they do this, I understood they had to respond within 12 days? Is this 12 working days or 12 days? I have had constant phone calls from them and my wife is getting really upset about this. We have had problems with HFC in the past and I was pleased to get rid of them all that time ago, so was amazed when this came through. We had to take legal action on another loan we had with them through a solicitor after HFC forged my signature on paperwork totally unrelated to the loan we had taken out. (the signature was nothing like mine) and We actually had an apology from HFC and told no further action would be taken and the loan account closed but as I said that was a different loan at a different time.
please help, surely the 12 days still stands they cant just return my payment and my letter as if it never happened?

chanz4

if its not signed, how do they know I didnt send it? I can understand where you come from but they have to comply with dpa, put a water mark below your signature if your that worried

phillipg_2

Thanks Chanz4 but everything I have read on here says do not sign it! on going through the other forums on here I have now found this,

Dear Sir/Madam,

RE: Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested


Remember I have already had my signature forged which was admitted to and apologised for by HFC bank in the past, if they got hold of a copy of my signature now it would be very easy to transpose this onto a supposed credit agreement.
After finding the above letter I will send that one off to them tomorrow still giving them the original 12 days, (working days I am assuming).

ALIBOBSY

Wait a minute are you saying you didn't pay nor contact anyone in writing about this for 8 yrs?
Forget the CCA send them a statute barred letter and they will have to stop recovery action.

Ali x

phillipg_2

Thanks Ali, trying to get onto my Experian report now just to check dates but because its been so long since I have last been on I have forgotton my memorable information ...can you believe it!! so trying to get through to customer services as they have barred my account as I have tried to access it to many times with the wrong info....if anyone can tell me what my letters 3 and 8 were that would be great! Having said that I have lived in this house now for 7 years and the debt would have been before that. Having read more posts on here now if they are going to claim I have never paid then could I have all my money back then please?? To be honest I am not at all worried, god knows where they have got this from because there really is not debt for them to chase, however one housemove over 7 yrs ago and all previous correspondence burnt my wife is here having kittens. Just shown her a statement they sent a week ago dated for the period 1st august 2010 to 31st july 2011 from Beneficial finance member of HFC group for the amount £12173.83....... never heard of Beneficial finance............ its all bloody ridiculous really! But my wife is going into orbit!

phillipg_2

Just reread the statement from so called Beneficial finance who state the loan agreement was for £18,273.36 with £12,173.83 remaining. I have never in my life borrowed that much money other than my mortgage.! my original loan with HFC was for about £2000. They are bloody hopeful arent they! If my wife wasnt flying around in orbit at the moment it would be bloody comical!

fatbelly

Never mind about doing section 78 requests (with or without a signature). This almost certainly is not your debt.

It is their responsibility to prove that it is yours, and that it has been acknowledged by payment or in writing without a six year gap.

Send a prove-it for now.

Apples2

phillipg wrote: »

if anyone can tell me what my letters 3 and 8 were that would be great! !

Have you tried I and G ??

I agree with the Prove it letter, on the fair assumption this is not a Secured debt, it seems a fairly robust Statute Barred debt so I hope you haven't at any time, acknowledged the debt (sounds like you haven't).

paddyrg

My guess is that whoever is hassling you has bought the debt for maybe 1% of its face value and is hoping to annoy you into paying something. I would try 'prove it is my debt' and if they manage to do that, then followed by 'statute barred' before anything else. If you must sign anything, try using a largish and intricate rubber stamp over the top to spoil forgery attempts

RobertoMoir

chanz4 wrote: »

if its not signed, how do they know I didnt send it? I can understand where you come from but they have to comply with dpa, put a water mark below your signature if your that worried

How does them appending a signature that they'll not know and won't take the time to compare to any previous ones on record have anything to do with anything?

Just a smokescreen by them, companies thing they can say "DPA" and get away with telling you any old thing.

chanz4

Think people are getting too anal, not all companys are the same