CapQuest chasing littlewoods cat debt

[jacko428]

Hi,

 

Thank goodness I have come across this forum as I have rather a big problem.

 

I received a letter from Capquest yesterday 25th February 2009.

 

The letter starts dear Mr ? enclosed with this letter is a statutory demand for bankruptcy.

 

Help,what do I do about this threat.

 

It concerns a debt that goes back I don't know how long the amount they state is for £1,562.02.The debt relates to the unpaid balance of sums due under credit agreement dated (no date printed)made between (my name inserted here)and lcg (Littlewoods Finance Co Ltd)in respect of a Littlewoods Diret number V????????.The agreement terminated upon the failure of Mr ? (name printed here)to comply with the terms of the agreementand/or a statutory default served by lcg (Littlewoods Finance Co Ltd)passed to the creditor pursuant to an assignment dated 06 Nov 08.

 

I did have an account with Littlewoods but when I took out the agreement with them I cannot remember.I did stop paying them when I became redundant which was over 5 years or maybe more ago I just do not remember.

 

The letter states that I have 18 days to apply to the court to have the demand set aside or 21 days before the creditor may present a bankruptcy petion.

 

HELP! where do I go from here?

[cerberusalert]

The chances are this debt could be Statute Barred or given it's age an enforceable agreement can't be produced. First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. They have 12 + 2 days to comply to your request. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there. Meanwhile someone will come along shortly to advice you about the SD & how to deal with it. It looks as if Capquest are trying the backdoor ;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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 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.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

 

(Print do not sign signature)

[jacko428]

Many thanks for your quick response,I feel rather shocked at being threatened with bankruptcy.The letter I received wqas dated 19th February sent second class and only received on 25th February.

[ODC]

As the SD was sent out by 2nd class post its probably designed as a scare tactic to get you to ring their telephone threat monkeys. You have a choice.

 

1. Apply to have the SD Set Aside. It costs nothing and you can claim your costs against Crapquest.

 

2. Do nothing and make them prove that the SD was properly served on you. The will NOT be able to do this unless you admit getting it.

 

You must also report these SHYSTERS to the OFT for their abuse of process. As you will see the OFT have already slapped Worst Credit for their confetti like issue of useless SDs

[lickthewallfatboy]

don't panic jacko

 

you're in safe hands now!!

 

Capquest are wasters of the highest order

[remote29]

Hi everybody, I'm not very technical with computers but I have found this site just now, because today I have received a letter from Capquest and Icg (Littlewoods Finance CO Ltd) telling me that they are preparing a Statutory Demand.

 

I know nothing about Littlewoods. Capquest have been hounding me for years. I tried writing to them telling them m y husband had just died and that I don't know what they are talking about and they take it as weakness and bombarded more threats upon me. Since then I have never responded to them again. Everything goes quiet for a many months and then, bam, they are back again.

 

This is the first time I have had a threat of a SD but from reading the advice on this site I will follow it. Its very scary but you are not alone Jacko.

 

I am not going to reach for the phone and try to buy these harassers off. I will wait and see if a SD comes and then follow the advice above regading the CCA request etc.

 

Good luck and do keep us posted as to how things develop.

 

Kind regards,

 

 

remote29

[lickthewallfatboy]

welcome aboard remote29

 

join the fun that is DCA baiting....

[remote29]

Thank you!

[jacko428]

Many thanks for all the replies to my situation.I will be sending a letter to CapQuest requesting my CCA will let you know when I receive a reply and the contents it contains.

[doony26]

I'm having exactly the same problem with Capquest at the moment.. so you;re not alone.. sent them a cca today, and in the process of filling out court forms for a set aside. it would appear you;re not alone as far as these leeches are concerned

[jacko428]

I have decided not to respond to their SD and wait and see what they think they will do.They have to prove that I received it.

[jacko428]

Hi,

 

After sending a letter to CapQuest requesting my CCA on 2nd March I have received the following reply today.

 

Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required.

 

If you have any proof of payments or correspondance that would assist with your query, please forward these documents, (I don't think so,do they think I am a muppet)with a brief covering letter, to our collections administration department,so that we can resolve this matter as soon as possible.

 

Is this letter in order,or are they playing for time.

[42man]

Jacko....I would URGE you to report this to the OFT too (especially so as 1st Credit have had a swipe taken against them by the OFT for issuing stat demands), they WILL know it is statute barred (they haven't even put the agreement date on it !!!) they are allowed to chase a debt that is statute barred, (their action in issuing a stat demand is an abuse of the process though !!) BUT Once you state you will not be paying towards a debt that is SB'd then they cannot continue to hassle you (this could be construed as harrassment as defined by the OFT's guidance on debt collection) I know if it was me i'd have set this aside in court, claim my costs and ask for an indemnity award...did you read this - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices and more importantly this - http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

[jacko428]

Hi all,

 

On 2nd March I sent a letter to CapQuest requesting my CCA.

 

On 5th March I received the following reply from them.Letter as follows:

 

Further to recent contact with our office and yor request for further information in relation to the above acount,xxxxxxxwe would confirm that your account is now on hold for 28 days whilst we obtain the information required.

 

If you have any proof of payments or correspondance that would assist with your query, please forward these documents with a brief covering letter to our collections administration deparment so that we can resolve this matter as soon as possible.

 

What should I do next? Do I allow them the 28 days that they are asking for?

 

There time to provide the requested CCA is up on 16th March.

 

Any help will be much appreciated.

[Pinky69]

Ignore them. If they haven't produced the copy of the credit agreement by 16 March, then it is the Account in Dispute letter :

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

You call the shots now, not them!

[jacko428]

Thanks Pinky69. I will look forward to 16th March to see what happens.I will then send the necessary letter to them after this date.

[MARTIN3030]

They have basically set out what they are required to tell you in compliance of FOS guidance.

Although collection of any alleged debt remains unenforceable,this still gives them the rest of the period up to 1 calendar month to come up with it.

 

My guess is that they will be contacting the OC.

So your next letter will probably be either one notifying you that your account has been passed back to the OP,or else that further recovery action will cease if no agreement is available.

Who is the OC ? do you know if Capquest bought the debt or are just acting as agents in collection ?

[jacko428]

Hi Martin3030,

 

CapQuest bought the debt from Littlewodds Direct.

[jacko428]

Hi all,

Would somebody be good enough to point me in the direction of the CCA template,I have tried to find it but not had much luck.Many thanks.

[maroondevo52]

Hi, jacko.

 

Letter 'N' in this 'link'.............

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Remember, send it with a £1 Postal Order recorded and don't sign it.

 

Regards.

 

Scott.

[jacko428]

Hi Scott,

 

Many thanks for your reply, now I can get cracking.

 

Regards

 

Ian

[jacko428]

Hi all,

 

I would like further help/advice re the above.

 

On 2nd March I sent them a CCA letter which I never received a reply to.

 

On 19th March I sent them a account in dispute letter,nothing heard until today 4th April letter saying.

 

We can confirm that a copy of the agreement and statements have been requested from ICG (Littlewoods Finance Co Ltd).

 

We will forward these documents to you once we receive them.

 

Question 1.What do I do now as they ran out of time on 19th March

 

Question 2. Where do I stand now,do I ignore the letter.

 

Your guidance would be much appreciated.

[cerberusalert]

You don't have to do anything now that you've sent the 'In Dispute' letter.

 

If they try to pursue before they provide an enforceable agreement you can start complaining to the relevent authorities.

[mollyr0x]

I got a letter from CrapQuest today aswell for littlewoods finance!

Mine is stat barred, so that will be going Monday.

 

Although I am pretty scared because the bailiff's might come and take my things! DOH!

[piggy2001uk]

I have had dealings with capquest dating back to 2007 and managed to get account closed as they bought a debt from HSBC which were my bank charges that i claimed, please keep all your information for as long as possible as i am now being chased by the Lowell Group another debt collection agency for the same debt so am busy getting the proof again after 16 months.