Virgin credit card defaulted sold to Capquest Advice

Sly72

History

CCA request to Capquest on 03.07.23 with a cheque for £1.

Letter from Capquest undated received on 18.07.23 returning cheque informing me a response to the content of my letter will be issued ASAP.

Letter from Capquest dated 31.10.23 received on 09.11.23 informing me they are working with Virgin money to get the information and they will respond by 01.01.24 and my account is on hold.

Letter from Capquest dated 04.01.24 received on 11.01.24 informing me that they are unable to obtain the information from Virgin Money, as they have been unable to fulfil the response this is now closed and my account is no, longer on hold, collection’s will now be reinstated.

Letter from Capquest dated 27.01.24 received on 01.02.24 informing me that they have reduced my balance permanently by 2k in the event of legal action to lower any court fees etc. If I don’t respond by 09.02.24 they may consider passing my account to their solicitors for review.

Please Post comments on Advice Only

So, I am correct in thinking that as no CCA to date has been provide this is just a scare letter should I ignore or respond outlining the above? Think I already know the answer, but would apricate folks’ thoughts on this.

sourcrates

Correct, no CCA means they have no evidence the debt is your responsibility.

Any potential legal action would come to a very quick halt once you responded to the pre-action letter they send you, asking for proof of the debt.

Let them knock themselves out.

Rob5342

Without the CCA they can't take any legal action against you, they know that and came up with this letter to try and scare you. It's standard tactics, getting the words solicitors, fees and court into a letter somehow.

Out of interest when did you open the virgin account and when was it sold to capquest? I'm just interested as I have a debt in the same situation and wondered how likely they would be to be able to find mine.

DjangoUnchained

i find it amazing that the debt collection co's can never get the CCA from the original creditor. i suspect they never even try , I wonder if part of the agreement when they sell these debts is that they dont want to be bothered about it anymore

Rob5342

DjangoUnchained said:

i find it amazing that the debt collection co's can never get the CCA from the original creditor. i suspect they never even try , I wonder if part of the agreement when they sell these debts is that they dont want to be bothered about it anymore

They do sometimes, Link got the CCA from MBNA when I asked for it, it was shortly after they bought it though. The original creditors want to be rid of them so I'd iamgine it's often on the condition that they won't supply further information, or will only do so for a certain period of time. It would be interesting to know how many CCA requests they get, we talk about it a lot here but it wouldn't suprise me if most people simply just paid it.

fatbelly

I think once the original creditor has sold the debt there is no good reason for them to spend any time on it. So requests for further information just go in the bin.

S77-79 of the Consumer Credit Act should provide a full defence to any claim, so I doubt they would try. It's not impossible though so you do need to bash back anything that comes, starting with the formal preaction letter. Until then, it's all just empty threats

tigergambit

Rob5342 said:

DjangoUnchained said:

i find it amazing that the debt collection co's can never get the CCA from the original creditor. i suspect they never even try , I wonder if part of the agreement when they sell these debts is that they dont want to be bothered about it anymore

They do sometimes, Link got the CCA from MBNA when I asked for it, it was shortly after they bought it though. The original creditors want to be rid of them so I'd iamgine it's often on the condition that they won't supply further information, or will only do so for a certain period of time. It would be interesting to know how many CCA requests they get, we talk about it a lot here but it wouldn't suprise me if most people simply just paid it.

Yes, Sara at Debt Camel says that this is sometimes the case - thinking about it - what's in it for the OC?

It would be fascinating to know how many CCA requests they get. I'd bet it isn't many as a percentage.

Sly72

Ha ha now received letter to say it has been passed onto their Solictors to review and all communication should now be directed to them as they are handling my account. so far thats 2 defaulted sepeate debts that have gone to solictors for potentail CCJ action.

Rob5342

That's typical debt collector tactics, wording things to try and make people imagine the worst.

Sly72

Rob5342 said:

That's typical debt collector tactics, wording things to try and make people imagine the worst.

Tactics? solictior letter received today, if i dont resposned by 28.02.24 letter of claim will issued. Following advice on here CCJ action rare? well thats 2 now.

tigergambit

No, you have two threats of legal action, not two instances.

I'd be inclined to respond by referring them to your letter of 3/7/23, asking when they feel their client might respond. Or you can just leave it and use that when (if) they do issue a letter before action. The only reason they may do that is if they feel you may not respond to a summons as without a CCA they have no case of you defend it.