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CapQuest

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  • smoogy
    smoogy Posts: 34 Forumite
    fermi wrote: »
    Sit tight and wait at least 14 working days from when you sent your request.

    Hi
    I received a letter today from CapQuest saying....

    "we can confirm we are now in receipt of the documentation you requested from our client.
    In accordance with the Data Protection Act 1998, we require you to contact us as soon as possible on *********** to confirm security information. We will be unable to send you the above documents until you have done this."

    I have told them on numerous occasions I will only deal with them in writing. What do I do now?? It is way past the initial 12 days they are given? Do you think they have the original CCA from 1998 or are they just wanting to get me on the phone??
    Any advice would be greatly appreciated! :o

    Thanks!
  • smoogy
    smoogy Posts: 34 Forumite
    fatbelly wrote: »
    For agreements commenced before April 2007, under s127(3) CCA1974, the debt is unenforceable without a properly executed agreement.

    So worth doing, and keep making the offer.

    Let us know how things develop.
    Some companies are better at keeping records than others from my experiences, unfortunately, I've never dealt with Capital one so no idea if they keep things that old.

    Check what they send you carefully, as they will probably send a reconstituted one that will in reality be very unlikely to be a true reconstruction.

    Report back on here if in doubt.

    Hi
    I received a letter today from CapQuest saying....

    "we can confirm we are now in receipt of the documentation you requested from our client.
    In accordance with the Data Protection Act 1998, we require you to contact us as soon as possible on *********** to confirm security information. We will be unable to send you the above documents until you have done this."

    I have told them on numerous occasions I will only deal with them in writing. What do I do now?? It is way past the initial 12 days they are given? Do you think they have the original CCA from 1998 or are they just wanting to get me on the phone??
    Any advice would be greatly appreciated!

    Thanks!
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 19 April 2013 at 12:45PM
    http://forums.moneysavingexpert.com/showpost.php?p=11636349&postcount=6

    Can be adjusted to say "confirm security information." rather than "supply a signature".

    CrapQuest are just taking the pish.
    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
  • smoogy
    smoogy Posts: 34 Forumite
    fermi wrote: »
    http://forums.moneysavingexpert.com/showpost.php?p=11636349&postcount=6

    Can be adjusted to say "confirm security information." rather than "supply a signature".

    THANKS FERNI!! Really appreciate your help. I shall post this off to them today!!
    :T
  • fatbelly
    fatbelly Posts: 22,937 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    You could do this, but you now have your potential defence to any court claim - they have failed to comply with a s77-79 cca request within the required timescale.

    If your aim was just to remove that threat while you negotiate a settlement, you could make your offer again and see if their tone has changed.
  • smoogy
    smoogy Posts: 34 Forumite
    smoogy wrote: »
    THANKS FERNI!! Really appreciate your help. I shall post this off to them today!!
    :T

    Hi Ferni

    I note in their letter that they do say it is for Data Protection reasons I have to contact them and in the response you have provided it does say that I can send them documents - should I include documents with this letter? - if so what documents as both my passport and driving license have my signature on them?
    Thanks
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    fatbelly wrote: »
    You could do this, but you now have your potential defence to any court claim - they have failed to comply with a s77-79 cca request within the required timescale.

    If your aim was just to remove that threat while you negotiate a settlement, you could make your offer again and see if their tone has changed.

    Good point. :cool:
    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
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    smoogy wrote: »
    Hi Ferni

    I note in their letter that they do say it is for Data Protection reasons I have to contact them and in the response you have provided it does say that I can send them documents - should I include documents with this letter? - if so what documents as both my passport and driving license have my signature on them?
    Thanks

    Don't send them anything. If they are unsure of your identity they shouldn't have been chasing you in the first place!
  • smoogy
    smoogy Posts: 34 Forumite
    Don't send them anything. If they are unsure of your identity they shouldn't have been chasing you in the first place!
    fermi wrote: »
    Good point. :cool:
    fatbelly wrote: »
    You could do this, but you now have your potential defence to any court claim - they have failed to comply with a s77-79 cca request within the required timescale.

    If your aim was just to remove that threat while you negotiate a settlement, you could make your offer again and see if their tone has changed.

    Forgot to mention that they have cashed the cheque I sent them to cover the £1.00 fee to supply the CCA!!!!!
  • smoogy
    smoogy Posts: 34 Forumite
    Don't send them anything. If they are unsure of your identity they shouldn't have been chasing you in the first place!
    fermi wrote: »
    Good point. :cool:
    fatbelly wrote: »
    You could do this, but you now have your potential defence to any court claim - they have failed to comply with a s77-79 cca request within the required timescale.

    If your aim was just to remove that threat while you negotiate a settlement, you could make your offer again and see if their tone has changed.

    OK so...send the suggested letter or send a full and final???? :o
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