CCA - 12+2, CapQuest say "+ another 30" !!!!

[AuntieBilly]

Hi

 

I have had CapQuest hassling me over a debt they bought, I CCA'd them back in early Feb, no CCA received.

 

Got the usual threat letters, SD threats, doorstep threats etc. etc.

 

Sent off the 'Account in default' letter after the 12+2 days.

 

I have received a letter back saying that,

 

"whilst we are in the process of aquiring the CCA from the original creditor, we will put the account on hold and will not employ any third party to collect the debt, however once the 12+2 days expire, we have a further 30 days to produce the document you requested, which means we are not in default until XX/XX/XXXX"

 

 

Now, on reading various posts on here, I was under the impression that this "30 day" period no longer applies.

 

Can someone put me right on this please, and if this is the case that it no longer applies, are there any templates as to what to send them to inform them of this?

 

Any help would be grately appreciated

 

Thanks

[Deb T]

I don't think it matters with what they've written to you, the account is on hold (or so they say) and no collection is to take place...Not much difference to normal 12+2 etc. Don't send them anything more than you already have.

 

They'll tie you in knots if they can so step back, put up your feet and breathe in - breath out - breathe in -breathe out.....there, you're feeling better already.

 

The only thing they've said that isn't clear is if the 'employ a third party' means that whilst they won't do that they may still themselves attempt collection? Not likely as they've said the account is on hold...but just in case they try being smart etc.

 

Remember, breathe in - breathe out ...you've done your bit, let them attempt to do theirs.

[AuntieBilly]

Thank for the reply DebT,

 

I think what they meant by "not employ a third party", is, I was threatened by Resolvecall whilst awaiting the CCA, so I sent the bemused letter to both of them!!

 

I was just wondering if the 30 day thing did still apply or not, even if I do just sit back and wait, which I am quiet happy to do, I am a little curious as to the law change and why they are saying this.

[Deb T]

I think what Capquest are referring to is that if an agreement was not supplied within 30 days of the request it was a crimminl offence....it is no longer a crimminal offence if not supplied within the 30days, that was dropped some time ago.

 

Presumably your original letter was a template letter and it may have been an old template that stated it was a crimminal offence if the cca request wasn't suplied within the 30 days....thus the useless and altogether waste of space response from them.

Edited March 9, 2010 by Deb T

[AuntieBilly]

Ah right....I'll just sit tight then and see what they come up with next.

 

Cheers DebT

[Deb T]

Just call me Debt for short