Capital Credit Management Threatening Court Action

FireWyrm

V.Annoyed wrote: »

Just wondering if it's worth getting a solicitor involved with this or should I go it alone. I asked for advice from the CAB but they couldn't really help me as I earn more than their maximum to qualify for help.

Hi, could you start you own thread on this subject please. At the moment, its quite difficult to help two people at the same time if the threads are mixed.

abcdef1234

I sent this to them yesterday.

[FONT=&quot]Dear James Patterson,

Ref - *******

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being outstanding to MEM finance or Keyes Whitlock who assured me by e-mail and phone calls that the debt was settled.

I am familiar with the Office of Fair Trading Debt Collection [/FONT][FONT=&quot]Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods.

Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully [/FONT]

******


My response from James Patterson today was:

We note you have failed to contact us by 12pm as requested. To this end, we are now authorised to issue legal action against you and then recover the debt via a bailiff selling your possessions at a public auction.
Your account is now queued for litigation. We are willing to extend the dealine for you to contact us to 12pm on Friday 28th September 2012.
We will provide copies of all emails to the court in respect of your conduct and we will request that a Wasted Costs Order is made against you if you choose to ignore this email.


James Patterson
Capital Credit Management Limited
0330 335 1234




I have tried to call them at least 5 times and had no answer but I just keep everything to e-mail now so I have it in writing. I have had a loan out but I also have an e-mail from Keyes Whitlock saying that the loan had been settled.


All I am requesting is proof that the loan I took out as not been paid as I cannot remember back to 2007. They do not answer any of my requests so I have just said we will have to let it go to court. Hope this works as I do not want a CCJ hanging over me for 6 years as I am finally getting myself out of debt and getting closer to having a good credit rating. I am not however willing to pay for something twice.


I'll keep you informed of my progress.

abcdef1234

Asbestross wrote: »

Save any an all emails securely that you've received [TEXT DELETED BY FORUM TEAM].

There are very strict hoops that a DCA must go through to ensure a successful claim in County Court. The fact that you have responded to his every correspondence and have conducted your legal right to request proof of this debt would go very well in your favor if it did actually get to court. No judge will award a CCJ when either no time has been provided to actually remedy the situation, or where its proven the DCA has failed to meet their legal obligations.

My bet is though that all this is actually an emtpy threat, when a CCJ is applied for there are no letters in that format provided which means it is one manually typed by a staff member. If the reference doesnt add up, I would go so far as to say they are forging an official document which is a serious offence.

abcdef1234: This email that you were cc'ed into. Was the addressee another staff member at Capital Credit Management Ltd?

EDIT: FireWyrms advice is very solid. You need to be raising complaints to the OFT and Trading Standards as well as discussing with the court in the event that this is all smoke and mirrors. The OFT do not take kindly to these kinds of things and while they cannot act on one incident alone, your complaint may just be the final bullet they need to bring these cowboys down. Good luck

Yes the addresse was another staff member. Thanks for your help

vaux41

capital accounts management limited warning my dealing with this firm they contacted me with a debt which i agree with i spoke to them few times and even with a higher person in firm and he quoted we are not interested with ur offer and said we willl get ccjs against you and put the phone down after
i then got ccjs papers of court i filled them in on time and sent of budget and debt ect
i sent them of to above recorded delivery i advise this to every 1 for future proof courts ect they did not then pass them on to court which they are surpose to do thus me getting court papers saying pay fulll amount because i have not responded in default judgement so i have had to pay fees to court asking to veriy payments which they have done i also rand litagaction department up explained this i did return forms in plenty of time and recoreded delivery check on line they recived them next day post offive said on line when i spoke to person he said ypur wrong and we not exepting my offer so this proves to me they did recieve papers just didnt forward them on to court he was very rude and not interested so i advice all to send paperes recoreded deliver y and keep copys of everthink not 1 time did they ask for my budget income or list of debts i have and have to pay otheres as welll my procedure was correct i used debt line cab to and now im using finicial ombidsim to conplain about this firm

Map77.

Hi i have been getting similar emails from a Gemma Hewitt. I have been ignoring these for a while now until i read some posts on this site. I have only been contacted by email and they have never said who i owe or how much. I went to a debt advisory place a few years ago, who wrote letters on my behalf, which seemed to stop all correspondence from the couple of loan companies that i owed. Now i am getting these emails i am so worried that since that time i have accrued that much interest. I never got myself into any debt since then and have watched my finances. Of course i would now be a single mum with a baby to be getting this now. Is this company for real? [TEXT DELETED BY FORUM TEAM] What should i do. I wrote an email back asking them to stop sending me spam and that i have no idea who they are or how much i owe.
Any advice is appreciated.
They are saying that they will be referring my case to solicitors in the (happy) new year!