How to deal with a debt collector..?

simonharmer

Hi,
I have recently been contacted by a company called CapQuest, asking to recover a debt of £115, from 2001. I have no recollection of this debt and so asked them to give me the full details, they referred me to a management company, who referred me to Littlewoods (with whom the debt seemed to exist), who referred me back to CapQuest. I was told by the management company that if they cannot provide statement details, client reference forms and a client agreement, then the debt is uncollectable.

I am more than willing to pay this, if it is a real debt that I owe, but the company made me send a £1 'admin fee' to collect this info. This was sent, and cashed, in August. I have heard nothing since, until last week, when I had a letter from a new company saying that they would perform a 'doorstep collection' for the debt.

I am so angry about this, I can hardly explain. I called the company and explained I would not be paying anything until it was proven to be my debt. They have now past the debt back to CapQuest.

I called them this morning, and they have full details of what has happened, but maintain that they are 'waiting for Littlewoods' but in the meantime, are well within their rights to collect the debt. How can this be so?

What I am actually trying to ascertain, is how I complain about this, and to whom. Should I go to the FSA? Is there a governing body I can contact? Does anyone know if this process seems normal?

Thanks for any advice.

saffronflowers

Firstly remember that they have absolutely no powers whatsoever, i supsect they wont turn up, it is a scare tactic.

I sure some will pop by and tell you what letters to send

Sfx

rayday2

They cannot collect a debt that is in dispute, I have had this with a catalogue company and was advised to send this letter to a solicitor maybe you could edit to send to the new company (it could need a bit of editing to make it apply to you):

With reference to your letter dated ***** the contents of which are duly noted.

Frankly, I am surprised of the need to remind a firm of ***** about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by ***enter DCA Name** on ***date**. I can only assume therefore that they failed to inform you.

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by *** under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

inmypocketnottheirs

This is the letter to send.

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.


Do not worry about them turning up at the doorstep. They will not. Keep a copy of your letter, send it by recorded delivery and attach the slip from the Post Office to the letter. A few days later go on line and print of the confirmation of the delivery. Attach this also to the letter. In the future when anyone else contacts you, send a copy of the letter and attachments.



You won't hear anymore from these scum bags.

GeorgeUK

I'd also add to the above - don't put your signature on the letter to the DCA. Just print your name or type it in before printing off the letter.

simonharmer

wow, how come you all know so much about this? Have i wondered into the solicitors forum ?

i can only say a big thanks, and also does anyone know of a regulatory body i can complain to?

thanks

RAS

simonharmer wrote: »

Hi,
.I was told by the management company that if they cannot provide statement details, client reference forms and a client agreement, then the debt is uncollectable.

I am more than willing to pay this, if it is a real debt that I owe, but the company made me send a £1 'admin fee' to collect this info. This was sent, and cashed, in August. I have heard nothing since, until last week, when I had a letter from a new company saying that they would perform a 'doorstep collection' for the debt.

Simon

Actually, you need a bit more advice on this.

1. If you last paid or acknowledged this debt in writing more than six years ago, then it is statute barred and unenforceable.

2. If you sent a CCA request in August (and the £1 admin fee suggests that you might have), and they have not replied, they are breaking the law chasing you for the debt.

What exactly did you write in August and when did you last acknowledge the debt?



1. A link to the OFT guidelines

Following link will take you to a downloadable pdf version of the Office of Fair Trading Debt Collection guidelines, to which they should all adhere:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf (thanks rog2)

2. A list of good contacts to whom you can complain formally.

Here are pipk62's list of websites for the organisations .

These addresses are the ones that I have used to find the information that I required, You may want to research pages other than the ones I have linked to, try clicking on the home page if any of these aren't what you wanted.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Write to the one in Preston, as they are responsible for licensing this mob.

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm
.

inmypocketnottheirs

You can complain to The Office of Fair Trading who govern consumer credit licences, Credit Services Agency who most debt collectors are members of, local Trading Standards closest to the address of the debt collector. You can also try The Data Commissioner (Data Protection Act) if the data is inaccurate and also Financial Services Association. All of these can be found on google.

Burlesque_Babe

GeorgeUK wrote: »

I'd also add to the above - don't put your signature on the letter to the DCA. Just print your name or type it in before printing off the letter.

I'll second that - definitely don't sign it - there have been instances where non-existent CCA's have mysteriously appeared complete with signature......

monkeynut_3

hi all

I've sent a letter the same as the above with £1 cheque via recorded delivery to SRJ Debt Collections, however, the address is only a PO Box address so its likely that no one will ever sign for it. where do i stand in the eyes of the law on this? how can i ever obtain a CCA, record my efforts to do so or start counting down on the 12+2+30 time frame they are permitted?

thanks for any advice

monkey

inmypocketnottheirs

monkeynut wrote: »

hi all

I've sent a letter the same as the above with £1 cheque via recorded delivery to SRJ Debt Collections, however, the address is only a PO Box address so its likely that no one will ever sign for it. where do i stand in the eyes of the law on this? how can i ever obtain a CCA, record my efforts to do so or start counting down on the 12+2+30 time frame they are permitted?

thanks for any advice

monkey

Recorded delivery should still get signed for at a PO box. It is only so the cowards don't reveal their address. You can write to the local post office and ask them to give you the address of who is the box holder.

If they do not provide the information then no further action can be taken.