Capquest response to CCA - not sure what it means

[Deleted User]

Can someone interpret this for me please, 'we have contacted Virgin Money to request this information however we have been unable to obtain this information from Virgin Money' 'what does this mean for me? - as we have been unable to fulfil your request, this request is now closed - your account is no longer on hold - collections activity will be reinstated'.

So I thought that its un-enforceable unless they can give me a copy of the agreement? however does that only apply to very old accounts? (mine is only five years old)

fatbelly

They're not called crapquest for nothing.

As long as you did a formal cca request the account is now unenforceable under those sections of the CCA. (s78 if it's a credit card)

They can write letters but any attempt at court action can be stopped. Make sure you keep copies of their letter and yours.

[Deleted User]

Thank you very much! I did just call them and they put me on hold for ten minutes and then came back and told me it was enforceable as I would have been given a copy of the agreement when I opened the account.  

Grumpelstiltskin

Mamma Don't phone them up, just deal with them by letter or E Mail.
They can and will tell you anything over the phone and you have no proof of what they say.
Just ignore any attempt to contact you by phone.

fatbelly

Deleted_User said:

Thank you very much! I did just call them and they put me on hold for ten minutes and then came back and told me it was enforceable as I would have been given a copy of the agreement when I opened the account.  

The person you talked to clearly had no idea of the law that concerns their own job, which does not surprise me.

s78 cca clearly says, amongst other things:

if the creditor under an agreement fails to comply with subsection (1) (a) he is not entitled, while the default continues, to enforce the agreement...

It's not your job to educate them.

[Deleted User]

Just to update, I had an email from Capquest saying as they hadn't heard back from / received the CCA from Virgin in a certain amount of time they automatically closed my request, they have now written to Virgin again requesting it.