Lloyds sold disputed debt to Capquest, advice needed.

kidsnocash

Hi,


I have an ongoing dispute with Lloyds from 2010. Despite requests for an original copy of the CCA, Lloyds have not provided it but passed the matter to several DCAs, each of which I have contacted and they have passed it back to Lloyds.


Over the past few days I have received a letter from Lloyds stating that they have “Assigned all of its respective rights, title and interest in respect to the account” to Capquest Investments Ltd.



Capquest Debt Recovery has now attempted to call, text and now have written requesting that I contact them. As the debt has been in dispute for 3 year now, what should my response to Capquest and Lloyds be?


Thank for any advice in advance.

fermi

- What is the substance of the dispute?
- Have CRAPquest written?
- When was the account first taken out?

If Capquest now own the debt you should probably make a fresh CCA request to them.

kidsnocash

Hi,

Thanks for the quick responce.

fermi wrote: »

- What is the substance of the dispute?

Lloyds have been unable to supply a CCA.

fermi wrote: »

- Have CRAPquest written?

CRAPquest have sent a welcome letter stating they are now looking after my account and requesting that I call them to make arrangements to pay.

fermi wrote: »

- When was the account first taken out?

Lloyds have only provided a CCA for an account with them from 2001. This account is fully paid.

fermi wrote: »

If Capquest now own the debt you should probably make a fresh CCA request to them.

Would that result in me having to start the clock again on my original request?

Thanks in advance,

fermi

What clock?

kidsnocash

fermi wrote: »

What clock?

I understand they have 6 years to supply the CCA or it becomes statute barred.

matttye

kidsnocash wrote: »

I understand they have 6 years to supply the CCA or it becomes statute barred.

It's six years since you last paid/acknowledged that you owe it that it becomes statute barred, and that applies no matter how many companies buy it.

Did you borrow prior to April 2007? My understanding is that, prior to this date, a lender must be able to provide the original signed credit agreement otherwise the debt is unenforceable. That might explain why you're getting no response.

I'm no expert in this area and I'm sure someone will correct me if I'm wrong!

fermi

6 years without acknowledgement in writing or payment by you would make it statute barred.

Are you waiting for that then?

Are you disputing that there is still something owing on the account?

Or just the lack of a CCA?

Trying to do both or all 3 is a precarious balancing act that can backfire if a CCA or similar surfaces from an archive or they reconstitute one.

Possible it could be wiser to see what, if anything, Crapquest do before you decide which way if any to jump.

fermi

And is this the same account as here? https://forums.moneysavingexpert.com/discussion/2445429

holly_hobby

The OC (or assignee) has to present on request, a copy of your original CCA.

If they can't, they have to advise they can't, and may instead provide a reconstutited one ..... HOWEVER for this to form the basis of any successful court claim, if must contain all the details of the original CCA which were appropriate at the time, and there must not have been any contractual changes.

I would say that if the OC has not attempted in the last 3 yrs, enforcement through the courts (presumably due to to no CCA), then this won't go now. Although the new owner (whom probably bought for less than 1/3 of the debt owing), will try and get anything out of you payment wise, and may/will cite all sorts of actions that they may take, in order to persuade you.

Just advise that the account was unlawfully sold whilst in dispute, and that they should refer it back to the OC, for a true copy of the correctly executed CCA, you have bene requesting for the past 3 yrs, to be provided.

Hope this helps

Holly

.

matttye

holly_hobby wrote: »

The OC (or assignee) has to present on request, a copy of your original CCA.

If they can't, they have to advise they can't, and may instead provide a reconstutited one ..... HOWEVER for this to form the basis of any successful court claim, if must contain all the details of the original CCA which were appropriate at the time, and there must not have been any contractual changes.

I would say that if the OC has not attempted in the last 3 yrs, enforcement through the courts (presumably due to to no CCA), then this won't go now. Although the new owner (whom probably bought for less than 1/3 of the debt owing), will try and get anything out of you payment wise, and may/will cite all sorts of actions that they may take, in order to persuade you.

Just advise that the account was unlawfully sold whilst in dispute, and that they should refer it back to the OC, for a true copy of the correctly executed CCA, you have bene requesting for the past 3 yrs, to be provided.

Hope this helps

Holly

.

Isnt there a law about how it must be the original CCA pre-April 2007, but can be a reconstituted agreement since then?

I may be completely wrong about this, admittedly.

holly_hobby

No,its across the board for CCA regulated accounts, in permitting the OC to satisfy the debtors CCA request.

As I say, to be relied upon in court, the info must mirror that on the original app .... ie correct name, address, employment, salary, terms, interest rate etc ... now if the original app and its details has been destroyed and the account is quite old (possibly with no library copy of any terms), its unlikely they have anything to go on, which is why you may find for older accounts, the don't bother reconstiting, as to do so and get it wrong, rather weakens the position re relying upon it in any court action.

As I say, if they no longer have a copy of the CCA, they must divulge this to you - as you have a legal right to see the original agreement, upon which terms they are claiming to reply upon in any pursuance action.

Of course all this (or an improperly executed CCA) does not necessarily mean that the debt doesn't exist or can't be informally pursued by the creditor or DCAs etc, but rather strictly speaking judicial pursuance isn't enforceble (ie seeking a CCJ for payment) - but be warned laterly Judges are finding in favour of the creditor, even where there is no CCA. But as I say if its not gone to court yet, and has been sold by the OC, I don't expect the assignee to go this route either.

Hope this helps

Holly