Capquest Help

[stanway1982]

Recieved a letter from Capquest requesting payment for an account which I have never had. I called them but they said I have to dispute it in writing. I read somewhere about asking for a copy of the credit agreement, how would I go about this?Thanks for any help.

[Dispirited]

Hi stanway,

 

Welcome to CAG - THE most excellent site on the 'net.

 

First of all - NEVER speak to these people on the phone, ever.

Always deal with them in writing.

 

Send them this letter & include a £1 postal order.

 

Do not sign the letter, just print your name at the bottom.

 

Good luck.

 

--

 

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 under S189 of the CCA 1974.

 

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.

 

--

[maroondevo52]

Hi, stanway1982.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html