Capquest Update

mcjordi

hi after asking for my cca capquest have confirmed that jd williams cant produce one does this mean its unenforcable

stapeley

If they can not produce a CCA and the account was from before APRIL 2007 -2006? ,and you have done the formal request allowing 12 + a month , send the second letter , template letter available . After that time the debt is only enforceable by a court order . Unlikely without correct paperwork . If the account was sold on to them by N W then i believe they can not pass it back to them . good luck

stapeley

I take it also you have stopped paying anything to CQ ?

rog2

mcjordi wrote: »

hi after asking for my cca capquest have confirmed that jd williams cant produce one does this mean its unenforcable

In a word, mcj - yes.

mcjordi

the account is pre may 2006 i cant remember when the account was opened,
have sent the second letter and got the reply saying unable to produce the agreement and passing it back to origianal (sp?) creditor even though the debt was purchased ?? from jd williams

RAS

Well if capquest cannot get the CCA from the original creditor, there is a fair chance the creditor does not have it.

Wait to see if the origial creditor gets in touch.

mcjordi

i didnt sign a cca at all i know that it was opened over the phone

FieryBlondeScot

i recieved a similar letter yday from Capquest regarding an old Littlewoods acct. they say as L-woods were unable to provide the documentation they have closed the account and returned it to them so i am also waiting to see if i hear from L-woods now or if thats the end of it... or if L-woods try and move it onto another DCA

stapeley

I believe this is comman response , as this DCA were acting on behalf of the orginal company as agents, this is still seen by the courts as commiting an offence under the conditions of the CCAct . I believe courts would take a dim view of these actions from the DCA and OC . GOOD LUCK

rayday2

I requested one from a DCA who was chasing a catalogue one, only requested because they set two DCAs on me! Anyway they returned it apparently back to original catalogue and am still waiting to hear what they can do.

Apparently catalogue debts are slightly different and judgements have gone both ways, but definately the DCA cannot chase without one and we just have to wait to see the course the catalogue companies take.

Me personally I know I had the goods so if catalogue company get in contact I will pay, I want to pay my debts just at a rate I can afford.

So waiting game begins.....