Lloyds sold disputed debt to Capquest, advice needed.

fatbelly

kidsnocash wrote: »

Hi,

Thanks to everyone for all of the replies, its a lot to digest so will be doing a bit more reading today. I am still a bit unsure as to what to do next. Should I request a CCA from CRAPquest or send them the same dispute letter as I have for the other DCAs?

Thanks.

I'd ignore the b@st@rds.

holly_hobby

kidsnocash wrote: »

Hi,

Thanks to everyone for all of the replies, its a lot to digest so will be doing a bit more reading today. I am still a bit unsure as to what to do next. Should I request a CCA from CRAPquest or send them the same dispute letter as I have for the other DCAs?

Thanks.

As already advised .....

holly_hobby wrote: »

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.

Until they (thats the OC or the asignee) satisfy your CCA request, be that a reconstrutited agreement or not, then the account lawfully remains in dispute, with payments lawfully suspended until such time as they satisfy your request (or you elect to start paying).

You'll find that if you request from the asignee they will refer back to the OC in any event ..... and if the OC has destroyed all records (post sale), they are really rather scuppered.

My advice would be to advise of the dispute, and as far as you're concerned you're still waiting for the OC to respond accordingly (to which ignoring your request is not satisfactory).

Pop back if you need any more help, or the new owner starts playing silly beggars !

Hope this helps

Holly x

fermi

Also useful to bear in mind.

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

Borrowers and hirers are able to ask creditors to send them information about their credit agreements. If information is not provided within 12 working days, the debt becomes unenforceable until they get the information they asked for.

Sections 77, 78 and 79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account and hire agreements.
Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor:

• cannot:
  - make the debtor pay the debt before they're supposed to
  - get a court judgment against the debtor
  - take back anything hired or bought on credit, or take anything used as security in the agreement.
• can:
  - ask debtors to pay what they owe
  - send a default notice
  - pass information on to a credit reference agency
  - pass information on to a debt collector
  - sell the debt to someone else
  - take the case to court.

If you are a business and would like more detailed guidance, download OFT1272 - Guidance on section 77, 78 and 79 of the Consumer Credit Act 1974 - the duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement (pdf 330kb).

If you are a consumer and would like more information or you are a business that would like to send information to your customers view OFT1266 - Need information about your credit or hire agreement? (pdf 83kb)

holly_hobby

The creditor providing to the debtor on request a copy of the original CCA, is essentially proving the contractual terms of the agreement (ie credit limits, interest rates, etc) - the details and inclusion being prescribed under CCA74 S60(1).

If they creditor/assignee, doesn't or can't provide it - then they have a problem in enforceability - in that whose to say regular or indeed making any payments at all, were a contractual term of the agreement ? (which we know of course they would be, but the contract must determine the repayment schedule). Proving this, and its breach (ie when the debtor fails to maintain payments) is the core basis of any claim for payment or court process.

Notwithstanding, it could (and has been) cited that simple historical use somehow denotes an enforceable debt (marks and spencers fav defence) - it doesn't not without a CCA, which prev case law supports - Dimond v Lovell & Wilson v FCT.

Anhyoo, we're getting way off track here.....

The q was, should you again request the CCA from the new owner or just advise of its dispute status with the OC .... which has been answered.

The rest of it, will at this point be a tad confusing, and unnecessary, unless we have the new owner attempting court action on the basis of non-payment. (as the account will already have been defaulted with CRAs some yrs ago).

My game would be to keep on requesting the CCA, until they give up, admit there isn't one, or provide a reconstructed agreement (and you are know, for it to accurately satisfy your request, how that must measure up to the original)

Hope this helps

Holly