capquest sd re littlewoods CAT DEBT - ***WON***

[nevos]

Hi, welcome: You need to send a CCA request like this one:-

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

This came from another thread formulated by some good helpers, there is one in the library also.

 

Good luck and remember dont sign it and send recorded delivery..

[nevos]

I bet capquest will drop this like a hot potato....

[nevos]

Totally agree: They now realise they are on a sticky wicket for sure hehe..though, they do send out these kind of letters from time to time on mass.

[nevos]

Hi, IMO they will put it in front of a Judge for direction then, let you know probably by letter.

[nevos]

Hi Chezza, yes, you can have a friend there as long as you explain to the judge. They can speak for you if you request it. It is much easier than you think, quite informal so, don't worry.

[nevos]

Hi, looks like it is all over, CQ are pulling out and closing what ever account they refered to but, If I were you contact the Court and make sure the SD has been withdrawn..after that Merry Xmas

[nevos]

Hi Chezza: You could also make yourself some quick notes and mark them where to find the relevant points in your papers. It may save you having to thumb through a lot of paper

[nevos]

Hi Chezza,

 

Found this on another thread for you:-

 

If you're not represented by a Solicitor you have to work your costs up based on the standard "litigant in person" rate which is £9.25 per hour. This supposed to include for costs of postage, stationery etc. Itemise them, ie. 2nd March Prepare letter / CCA request 0.5 hours @ 9.25 + £1.46 for potal order etc.

 

If you have lost income (time off without pay at a higher rate) tell the judge and have a second version of the costs sheet that uses that higher rate.

 

Don't claim for a solicitor if you haven;t evidence to back it up.

Just do a search on CAG eg: litigant in person costs

 

You will find a format to enable you to fax them to the court at least 24 hours ahead of the hearing.

 

Head it up with:-

 

LITIGANT IN PERSON COSTS

 

DATE

 

CASE NR

 

PETITIONER

 

 

DEFENDANT

[nevos]

Hi, Good Luck!

[nevos]

Another one bites the dust-well done!