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I have just reviewed past letters to them and note that my request for:

 

1. A Full Statement of Account

2. A Copy of the Default Notice Abbey served

3. A Copy of the Termination Notice Abbey served

4. A Copy of the executed deed of assignment between Abbey and CapQuest

5. A Copy of the Notice of Assignment

6. Details of you fair processing notice

7. A Copy of your Consumer Credit Licence

 

As suggested by Gazza112 has never been addressed.

 

I think I will simply respond pointing this out and should they proceed to legal I have this to include in my defence.

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If they’re aware you have assets ,by which I’m taking its an interest in a property I think they’ll most likely pursue a course of action that will inevitably include court action. The fact that they’re talking about “deals” makes me think they aren’t as sure of their grounds though, think you need to weasel out more information from them ,perhaps this can be achieved by entering into negotiation.

Tricky but my gut feeling here is they’re trying it on again.

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I’ve had to do similar as I have 8 different accounts to try and service,most of them are defective in some way or another but maybe one or two of them aren’t and could well be enforced,who knows ? What I do know is that I can’t afford to pay all of them so I don’t propose to pay any of them . They each have to make a judgment on whether or not its worth taking me to court as I’m not a house owner and have no assets but I do have a young family to support. I would think it isn’t in their interests to spend the money without a chance of getting anything back.

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  • 2 weeks later...
  • 3 weeks later...

Here is an update. I challenged this assignation with my request as listed above.

 

They have replied stating the date they purchased the account and the outstanding balance at that time. They allege that they bought in good faith and were oblivious to any dispute between Abbey and me at the time of purchase. They have provided a copy of the original Abby contract and reminded me of my obligations therein, however, as mentioned earlier in this thread there may be issues surrounding the validity of this contract, and they claim to have previously supplied a copy of the notice of assignment to me. They also confirm that a copy of my statements have been requested from Abbey together with a copy of the default and termination notices but express that this is not a requirement of the Consumer Credit Act. Finally they confirm that my account is on hold pending the missing detail.

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