CapQuest: can we do this?

triffidfood

We've been paying CapQuest monthly instalments on a debt they (presumably) purchased from HFC Bank, however we've run into financial problems and are renegotiating.

A simple question (hopefully) about this. Online I've found the following sample letter:

Connaught Collections UK Limited
Airport House
Purley Way
Croydon
CR0 0XZ

WITHOUT PREJUDICE

Dear Sir/Madam


Re: Account/Reference Number xxxxxx - 1st Credit Limited


With reference to the above agreement I do not acknowledge ANY debt to your company or your client.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within 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.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. 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 Consumer Credit Act 1974 and therefore is a complete defence to any court claim that is issued.

I have received no communications from 1st Credit Limited in regard of this alleged debt. Under the Office Of Fair Trading debt collection unfair practice guidelines whilst this alleged debt is in dispute you must cease all collection activity, failure to do so will result in this matter being notified to the Office of Fair Trading and may constitute harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

I understand that these documents should be supplied within 12 working days, and look forward to hearing from you.

Yours faithfully

.. my question is, can we refuse to acknowledge the debt having already been paying it for xx months (actually, for well over a year)?

If we reword the above, can we say somethig to the effect of .. 'we no longer acknowledge this debt, and require the following information (in writing) before we consider proceeding with this matter any further' ..?

Sorry that's badly worded, I'm tired ... and thanks for any advice... :cool:

(PS ~ why is the correspondence address of their solicitors, Keppe & Partners, the same as that of CapQuest, on all the letters we've thus far received from either .. is this legit, or some form of misrepresentation? Or .... what? )

moo842

i may be wrong, but would assume that by paying the debt you have acknowledged it, and for fear of being shot down, if you do owe it surely you should pay it, even at a £1 a month

triffidfood

moo842 wrote: »

i may be wrong, but would assume that by paying the debt you have acknowledged it, and for fear of being shot down, if you do owe it surely you should pay it, even at a £1 a month

Well yes, I was really thinking in terms of using this as a 'strategy' .. we can only afford token payments right now, if that's not acceptable to CapQuest that's tough, that's all they're getting (grrrrrrrr :cool: ) .. but if they are going to be awkward, I thought we could use the above as a weapon in our armoury, so to speak.

I guess it was the issue of acknowledging the debt I was wondering about most though, have we effectively acknowledged it by paying some of it? I mean, obviously we have, but can we now question it anyway having already paid?

As for getting shot down, if anyone tries to shoot you down for trying to give helpful & honest advice, I'll shoot them back!

Broken_hearted

I would use honesty as a stratergy do a SOA with the new payment.

triffidfood

Broken_hearted wrote: »

I would use honesty as a stratergy do a SOA with the new payment.

Okay, you can shoot me down for this question but, by SOA do you mean an itemised income & expenditure breakdown (gas, electric, food, clothes, magazines, pet food, etc)?

We've already sent them a summary (total expenditure & total income, page 9 I think of CCCS's online Debt Remedy report thingee), they did ask for an itemised breakdown but I wasn't sure about this .. technically are they within their rights to expect this information from us now?

rabbitrabbit

No you haven't acknowledged your debt just because you have paid some! Send the letter plus £1 and wait....this company has been getting a lot of stick, and on a quick search just on this site you will find other posts:j

rabbitrabbit

have just read your latest post - had to register before I could reply - only the county court can order submission of a statement of means - no-one else can - not even Crapquest.

triffidfood

rabbitrabbit wrote: »

No you haven't acknowledged your debt just because you have paid some!

Okay thanks, that's what I was wondering...

We've already paid them this months (reduced) instalment, and sent them a summary of our total income & expenditure, so that's all they're getting for now.

On a wider point .. we also received a couple of letters (relating to two seperate accounts) from Reliable Collections today ... we're paying them considerably reduced instalments now too .. I was wondering, if we used the 'send us a signed credit agreement before we pay anything else' approach with someone like them, what's the worst they could do? Send in the bailiffs anyway - or, what?

rabbitrabbit

When you say accounts...do you mean accounts with Reliable? Or debts taken on by Reliable? These companies rely on ignorance of the law to intimidate...as for the baliffs being 'sent in' - have you got a CCJ in respect of any of these? Or do they originate from a local council? Apologies for appearing nosy but different situations mean different things, and would prefer not to go into detail too much. PM better

triffidfood

rabbitrabbit wrote: »

When you say accounts...do you mean accounts with Reliable? Or debts taken on by Reliable?

.. debts taken on by them.

These companies rely on ignorance of the law to intimidate...as for the baliffs being 'sent in' - have you got a CCJ in respect of any of these? Or do they originate from a local council?

No (to either) .. the debts were originally with 2 catalogue companies (well, catalogue type companies I guess), on whose behalf Reliable Collections are now apparently acting (I assume genuinely acting, they don't buy debts like CapQuest do they? )

I was thinking of sending them (Reliable Col.) a DPA/SAR letter, similar to the one suggested here: http://www.penaltycharges.co.uk/forums/showthread.php?t=28010 .. but I don't really know much about these (I've drafted one out, but I need to find out a bit more about these before I decide whether to pursue this or not I think........)

[NB ~ "DPA/SAR" = 'data protection act subject access request', i.e. request to whomever for copies of all the information they hold on you, or in this case also statement of all charges that have been applied to both our accounts]

rabbitrabbit

I haven't heard of Reliable and I don't know if Reliable purchase debts or if they are the collections arm of catalogue...I know that Capquest often end up with catalogue debts and they resort to intimidation tactics when questioned...as for bailiffs being sent in...legally no, only CC can allow this after a CCJ and proper request from creditor...haven't looked at the link yet that you added, but yes requesting specific info is a good option, obviously important to keep accurate records, copy letters etc, and in writing is best, not telephone calls