advice please... re claimed debt by Capquest old Next Account

[citizenB]

Have changed thread title for you

 

Hmm, well it looks like CapQuest might have returned the debt to Next who have now resold it to Lowells.

 

IMHO, this is wrong.

 

I would think you need to send the CCA letter (link below) , but enclose a covering letter with it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

 

I would suggest the following..

 

"I am in receipt of your letter dated DATE" in which you advise you are now the owner of the above referenced account. This is quite surprising in that on DATE, CapQuest informed me, they were the legal owner of this account.

 

I would also advise that CapQuest are still in default of a legal request to provide a copy of the Agreement (made by way of a CCA1974 request enclosing the statutory fee of £1.00) , which they and now you claim, underpins your right to purchase and pursue for this account.

 

If you are indeed now the owner of this account, then I would expect you to be able to provide the above and I am making the same request of you,

although having already paid the £1.00 statutory fee, this is not enclosed.

 

Yours etc. "

 

Then enclose a new request.. Where it says that you are enclosing the statutory fee put in brackets. (See attached letter, this fee has already been paid)

[lynd]

Many thanks for your help - have sent the letter off and will see what they say

[citizenB]

[lynd]

evening..

 

I had (or rather lodger had) a reply saying that they acknowledged receipt of the letter

and that they were asking Next to send them over the credit agreement paperwork and all statements

(wouldn't they have that if they bought the debt??).

 

They said that this may take longer than the statutory 12 days plus 2 and they would write if there was any delay.

 

Can they do that?

 

Take longer I mean?

 

Or do they have to comply within that limit .

 

She also received another letter prior to this one (it must've been sent out before they received our letter)

asking her to phone them or they would some someone to the house to discuss.

 

. again can they do that?

 

thanks

[ericsbrother]

They can do what they want to attempt to collect short of taking legal action,

however, as the debt is now in dispute (nad has been since the original CCA request)

they risk being reported for harassment.

 

If someone calls just tell them to go away and never return for the same reasons and tell them that if they are daft enough to call again so will the police.

[Bazooka Boo]

They will always do what they want, money to them is like oxygen to the rest of us, tell them to try holding their breath whilst counting their precious money!

 

This is exactly how doing the right thing, by responding, ends up with the rather tedious puerile game of letter tennis.

 

When they fail to send you the CCA, then send them the failed letter from the library and ignore them until they come up with the evidence.

[lynd]

afternoon.

 

 

we've received another letter saying that they're asking Next for the CCA (as they said in their last letter too.. hey ho).

 

The 12 plus 2 days is up next Wednesday and they said that there might be a delay in getting the agreement from Next

 

- question, is the 12 plus 2 days the limit they can have or do we have to wait and take it from there?

 

 

ta

[Bazooka Boo]

No, they know the time limits, so once they are out of time, (Weds) then you can send them the 'failed' letter, then wait for them to comply with your request.

Whilst they are in default of your request then they can do everything they feel is necessary to intimidate you, but they cannot take any enforcement action against you, ie. Court.

[lynd]

Morning..

 

Can you point me in the right direction (or copy me said letter) the Failure letter - I can't seem to find it in the Library.

 

Thanks

 

Lyn

[lynd]

forget that... have found it... d'oh

[Bazooka Boo]

Ha ha, did it take you an hour to find it!!

 

Just in case http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request

[lynd]

I know...I know.. (it didn't take me an hour - I went and did something else in between)..

[Bazooka Boo]

[lynd]

received another letter from Lowells to say that Next are still trying to retrieve, from their archive, the Agreement... but, at the moment, the matter is on hold. They've received the failure to comply letter and it was signed for on the 18th. Now what do we do... ?

 

 

thanks

[Bazooka Boo]

Ignore them, go and do something more interesting like watching paint dry.

 

Get on with your life.

If there are any fees/charges that Next might have added to the account, I might be minded to get these refunded, however, it just

makes them think they have your attention.

Forget it until they come up with the correct documents.

[lynd]

evening people.

 

 

another letter received to say that Lowell have spoken to Next to gain the 'supposed' documents and, due to the length of the account Next can't supply them as they are unavailable and Lowell have closed the account. The last paragraph says 'unless Next supply the information it will remain closed' (or something similar). Well, how can they supply it when they've said it doesn't exist!!!.. Question is - will this still remain on her credit rating until it get's Statute Barred? Which seems slightly unfair as both CapQuest and Lowells couldn't prove the debt.. thanks

[Bazooka Boo]

Well Done!

There is a bone of contention regarding the processing of data where an agreement doesn't exist, IMO and I stress that this is purely IMO, they should not be doing so, not only should a formal complaint be sent to the CRA's reporting this inaccurate info on YOUR file, but the ICO should be informed also.

IF the DCA/OC will not/does not/can not remove the data then your only recourse would be legal action against both parties the DCA and the CRA.

A S10 DPA letter may well point them in the right direction as to stop processing your data....

http://www.consumeractiongroup.co.uk/forum/showthread.php?387321-S10-Notice-To-Cease-Processing-of-Data

[lynd]

thanking you for the letter -I will give that a go. Just a quickie though - what's ICO and OC... I get the rest

[Bazooka Boo]

Sorry, Information Commissioners Office ICO & Original Creditor OC...

[lynd]

evening..

 

 

more development. Lowell have provided some information. They've provided a reconstituted agreement (unsigned) and have said that they do not need to provide the signed copy together with 3 statements from 2011, July, August and September. Spare Daughter did not live at that address then. There is also an email address which isn't hers. I guess they've proved it - the only thing that concerns me is that, at the beginning of January Next said that they did not have the information - but all of a sudden they do... any advice would be useful. If she has to pay the balance then what is the best way to do this?

 

 

ta

[Bazooka Boo]

Yes post 2007 agreements can be recons, however, as there is some dispute about who opened this account it would be wise to get hold of that signature.

Have you sent a SAR to Next?

Has this been reported to the police as fraud?

[lynd]

No, haven't sent a subject access request to Next. She tells me that the email address is her mother's. Would it be too late to report it as fraud - wouldn't that look like a cop out at this stage. Her mother isn't even in this country anymore (she hasn't spoken to her for years now. I've a feeling that we will have to pay this unfortunately.

[lynd]

hello people... any advice would be most welcome.

[lynd]

oops . didn't mean that to come across as rude... you've been so helpful in the past. How do I make a subject access request to Next? And what do I tell Lowells

[Bazooka Boo]

Try this SAR http://www.consumeractiongroup.co.uk/forum/showthread.php?387310-Targeted-Subject-Access-Request

 

However, I see a small problem with this, in that I suspect that the signatures won't match? So they will refuse to send it on that basis, if they do, then it is clearly fraud, and can be reported as such.

So ensure she signs the SAR, if they then refuse to supply the info because the sigs don't match then you will have your answer.

 

As for lowlifes, they can jog on. What was their last threat letter saying?