DCA CCA Response Help

rich1112

Hi All,

So I have submitted a CCA request to a DCA (Capquest) who have sent me a reply that doesn't ring true based on everything else I have read on this forum, I have attached the letter (without my details). 



I had a letter prepared to send in on Friday when the 12 working days plus 30 calendar days expired but I'm now at a loss if this is still relevant or if I need to do something different.

Any advice would be appreciated.

The letter I had ready to go is as follows:

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my email of the 31st October 2021 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Capquest Group purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 16th November 2021 and 16th December 2021 respectively.

As you are no doubt aware, Section 78(6) states:

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; and
(b) If the default continues for one month he commits an offence.

Therefore on 16th December 2021 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Capquest Group.

I require the following action from Capquest Group :

1. All payments made to date to Capquest Group for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Capquest Group. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.



4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Capquest Group or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I look forward to your reply within 14 days to resolve the matter amicably.


Yours faithfully

[Deleted User]

Interesting, I'm also waiting for a CCA from Capquest for Virgin, applied in September - didn't know about the backlog, they've just told me that Virgin haven't responded and they have chased them, in the meantime the account is on hold. According to debt camel its usually found in the first couple of months. 

rich1112

@Deleted_User it would be good to know how you get on! I'm 6 days away from the 8 week limit before I can go to the financial ombudsman so I suspect that is where I will end up

sourcrates

OP, Do not send that letter.

You are quoting very old and out of date legislation, as well as some made up fantasy you appear to have got from the internet.

The requirement for a true copy was revoked quite some years ago, as was the section where the creditor commits an offence.

A reconstituted version of your agreement is fine, the 14 days are just guidelines, it can take many months some times for them to comply, there is no penalty for this, other than the account will remain unenforceable until such time as they do respond.

The OFT no longer exist, its now the FCA.

You cannot request a deed of assignment as that document contains information pertaining to other customers as well as yourself, so would be in conflict with data protection.

As for getting your money back, well, you can ask, but don`t hold your breath.

rich1112

Thanks for the advice, I’ll make the amendments, the letter was found on this forum which is more worrying, I still felt it prudent to check before sending

Just for context, I don’t particularly want the money back, and I’m happy to pay them, but I am in a data dispute both Virgin & Capquest are denying responsibility for, hence pushing them. 

sourcrates

rich1112 said:

Thanks for the advice, I’ll make the amendments, the letter was found on this forum which is more worrying, I still felt it prudent to check before sending

I think you have clicked a link someone else has posted in the past, as the stickies are all up to date.

If that`s not the case, can you provide the link you clicked on please.

fatbelly

I agree with sourcrates (as usual). I don't think you're going to succeed on any of your four requests as you have no legal right to any of them.

Capquest's response seemed fair to me. They admit they have failed to comply with your request, and do not argue with yur unenforceability point. However, if they do comply, then at that point it's enforceable again.

I copied this

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 16th November 2021 and 16th December 2021 respectively.

because it is incorrect. If you look at s77 CCA you will see under (4) there are some gaps. That is where those bits were until 2008. Now it just says

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

rich1112

Thanks both, this is all great info - I am officially at the 8 week or final response stage with both Capquest and Virgin now - so I'm going to go to the FOS present my issue and the lack of response and see where it ends up, rather than get myself into a pickle sending letters that may contain inaccuracies.

Ultimately I only really want the data to be correctly applied, I've asked for evidence of a default (I happen to know they defaulted me twice because I have both letters) and they have been unable to supply that or give rationale on the dates. I'm baffled I am now at a point of forcing the account to be unenforceable to try and get anywhere - sadly if they don't find me any I suspect the date of the default will also be a lost cause 

Suseka97

I have to admit I am at a bit of a loss as to what your complaint to the FOS is intended to achieve.  I assume you accept the debt is yours, hence the CCA request and surely the only positive outcome is that they cannot comply which means the debt is unenforceable and opens you up to options as to the next steps.  Walkaway until/if they can find the paperwork - or offer F&Fs. You ask for evidence of a default, but surely that exists on your credit file and they cannot legally default twice - so if that's the issue then you should focus on that point with them direct.

fatbelly

rich1112 said:

Ultimately I only really want the data to be correctly applied, I've asked for evidence of a default (I happen to know they defaulted me twice because I have both letters) and they have been unable to supply that or give rationale on the dates. I'm baffled I am now at a point of forcing the account to be unenforceable to try and get anywhere - sadly if they don't find me any I suspect the date of the default will also be a lost cause 

Yes, that's fine, although you don't seem to have brought up that point with them. There can only be one default recorded and that must be the earliest one. If they don't do that, or record a wrong one, then you would need their final response on that point, and refer that to FOS

sourcrates

Surely the date of default will be displayed on your credit file, is it not showing, how is it recorded ?