Capquest Asking For Money On Closed Account-Help!

itsnever2lateisit?

With thanks to RAS for this

Dear Sirs

I do not acknowledge ANY debt to your company. 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, PO Serial Number xxxxx.

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.

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 CCA and therefore is a complete defence to any court claim that is issued.

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

Penny-Pincher!!

Many Thanks am sending this afternoon by RD. This is ridiculous though! They wont give me an account number and sort code, then want me to send personal details.

PP
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Penny-Pincher!!

Hi Again

I sent the follow up letter 12 days after the 1st letter was sent etc and today received a letter stating that Natwest past the debt to them in Nov 07 and that Natwest are no longer dealing with it but they are on their behalf.

They stated that they have asked for a copy of the SCA and that Natwest are sending it to them and they will in turn send to me ....this is after the 12 days...what happens now???

It is a long winded letter and at the end it states that they Natwest can give my personal details to whomever as I signed to that when I applied if I ever defaulted.

I dont have the letter to hand as Im in bed and letter downstairs, but any questions can be answered correctly tomorrow as Im not too well today and my memory is poor.

Thanks

PP
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Gale_10

Penny,

Its the law that they must provide you with a CCA within the 12 days plus two days for postage, if you ask for it. They are bluffing you. At the moment the debt is in dispute and therefore no-one is allowed to ask you for any payment.

Now, as I understand it, after the 12 days, the debt is unenforceable. If they still don't respond after another 30 days, they are committing a criminal offence and you can report them to many different financial institutions.

They should provide you with written evidence ( a deed of assignment) from the Natwest to prove that they have the right to collect the debt. If they don't have that, then thats another reason not to give them any money. After all, I could say that I am collecting the money on behalf of Natwest, and you have to pay me, or anyone else for that matter. These things must be proven.

I am sorry you are not feeling well, and I really hope you are better tomorrow. In the meantime don't worry about this problem, the company are well known for trying to chase debts that are pretty much uncollectable.

Gale
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kittiej

I agree with Gale if they can't produce the cca then theycan go away!

Penny-Pincher!!

Thanks guys!!

The letter also stated that on the 20th November 2007 they forwarded a copy of the deed of assignment, but I havent received anything ..also on that date they requested from Natwest the copy of agreement.

Obviously today id the 16th December and I still havent received anything...is there another letter I can send to them?

They have also stated that under terms of credict act 1974 they are obliged to provide a copy of agreement within the perscribed period. This period is 12 working days with an additional calender month before any offence is committed. Therefore they are not in breach of the consumer credit act

Should I send a recorded letter back stating that I havent received a deed of assignment and that now I have in writing that they havent been able to produce the CCA within the 12 working days???.....help.

They are obviously trying it on but want all paperwork documented and think a letter stating this would be best as they cant ignore it and I have proof then..what do you think?

Thanks for your advice.

PP
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Penny-Pincher!!

Anyone?

PP
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itsnever2lateisit?

Have they actually provided you with a copy of the original signed CCA?

stapeley

I,m also dealing with same company . They even tried the bad guy, good guy routine ! One phoned and was very agressive ,said it was being passed to there legal department.Within three days another softer spoken person offered to accept a much reduced monthly figure !

Penny-Pincher!!

itsnever2lateisit? wrote: »

Have they actually provided you with a copy of the original signed CCA?

No they havent yet!

PP
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