It had been too quiet for too long, here we go again...

[paul79]

Hi CAGers, hope you are all well, I know it's been a while since my last post, but here goes...

 

After nearly a year of silence from my 3 debtors, it seems one of the CC companies wasn't happy with me.

 

The rough timeline is as follows:

 

CAPQUEST was repeatedly badgering me for money owed to Barclaycard

I requested a CCA by letter about a year ago (recorded and PO for £1 enclosed)

Heard nothing after the legal period had passed, so sent follow up stating the account was now in dispute as no CCA had been sent to me.

 

Then...bliss...at least for a while

 

Now it seems even though I had requested the CCA and sent the letter of non-compliance, the debt has now been sold to some muppets going by the name MKRR

 

Got a nice "friendly" letter from them a few weeks ago with a freephone number (refreshing), gave them a call and told them the account was in dispute and they were illegally contacting me.

 

They kept badgering me for a reason of non payment (I wasn't going to humour them by telling them I was in a deep 3 year depression, broke and trying to "support" my wife and then-new-born kid)

I told them I would not discuss such things on the phone and told them to stop contacting me.

They told me they couldn't take me off their dialler system and i would continue to receive calls/letters

I told them I had requested a CCA from the previous DCA which was never received and demanded that MKRR obtain this and leave me well alone.

 

They said they would request the CCA (no letter to prove this mind you) but they would not put the collection on hold. At which point I told them that I would only converse via letter.

 

Now....I have received this lovely (and familiar) FINAL NOTICE letter from MKRR (as attached)

 

I have read through it and have those old feelings of anger and upset boiling back to the surface again.

 

Where do I stand with this guys?

I think they don't have a leg to stand on and are probably breaking some kind of law trying to chase me with the account in dispute, but I don't know this for certain.

 

Thanks for any advice you are kind enough to offer me,

P.

 

Edited April 25, 2013 by paul79
Adding legible image

[allison6564]

I've just started dealing with all our debts recently but have picked up quite a lot in a short time through desparation!

They have not complied with your CCA request and so the account is in dispute and so cannot be enforced as per the OFT's guidelaines Jan 2010.

http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

have a read through this, I have today in order to write a very long letter to Ca**t ......

[allison6564]

Oh and listening to others on here with more experiance than me it is common to pass debts on etc but at the end of the day no CCA No Pay!

I'm sure some of the experts will be along soon to help.

[BazzaS]

Dear MKRR,

 

As previously explained to you, the account remains in dispute, and I deny liability for the sum claimed.

 

As previously explained, with no response to my CCA request received, in the absence of an enforceable agreement, any court action by you is doomed to fail.

 

You may wish to consider sending this account back to the alleged creditor, but I would remind you (and them) that you are bound by the OFT guidance which includes that the alleged debt's "account history" must be passed between any agencies dealing with this : this should include that I deny liability for the sum claimed, and that the absence of an enforceable agreement in response to my CCA request precludes legal action.

 

Any attempt to threaten legal action in the absence of the requested CCA documentation will be reported to the OFT.

 

I reiterate that I still wish not to be telephoned again regarding this, and I still view any further telephone calls as harassment. I am unsure how any further communication by letter will be helpful, unless and until you or the initial alleged creditor can comply with my CCA request, and until any such compliance I must view the account as remaining in dispute.

Edited April 25, 2013 by BazzaS

[paul79]

Thanks Allison, thanks Bazza.

Another interesting thing is when I pushed the "agent" about the background/history of the account he told me that they had purchased the debt from Barclaycard and had no other information except for my details and the debt outstanding.

[allison6564]

defo ignore these fools they are certainly in breach of the OFT guidelines and it sounds like they have bought the debt and so are no the owners but they should of been informed that the account was in dispute anyway! Have they sent you a Notice of Assignment? Have you checked your credit file to see if this has defaulted etc? When was the card taken out?

Sounds to me like thier just trying to scare you into paying with no actual grounds. I know it is hard at times and I tried to deal with all my debts back in 2010 when going through a very tough time personally and was scared into all sorts but now I'm much stonger and this site is a godsend. Just keep telling yourself its just "figures on paper" thats what I do x

[allison6564]

Oh and DON't speak to them on the phone!!!!! A certain NO NO!!!!! Thy are very clever and trained ...always ask for letters.

[paul79]

So basically this "threat" letter is them saying they're going to pass the debt on to themselves in another form?

The last thing I need right now is a doorstep collector, even though I know they will be told politely to get off my property as they have no rights of enforecement.

[allison6564]

without having sent you a cca they shouldn't send anyone around.

[BazzaS]

So basically this "threat" letter is them saying they're going to pass the debt on to themselves in another form?

The last thing I need right now is a doorstep collector, even though I know they will be told politely to get off my property as they have no rights of enforecement.

 

So, add in to your letter a copy of the "I revoke any implied license to visit" letter,

Keep a copy by your door, too, in case they are stupid enough to come round : "ohh, your firm has lost the copy I sent them? Never mind, I've lots of copies & here is one for you ...... Tatty Bye now"

[SWLABR9]

On which subject, how's your health? I believe if you have certain health issues and are receiving DLA or are in some way vulnerable then they can't send anyone round, can anyone more knowledgable confirm this please?

[paul79]

Um, as of last year I've been self employed but I am still in receipt of the disability element due to my long term depression/anxiety.

I am feeling MUCH better than I was, business has been a bit slow due to juggling impossible commitments (family, extended family "issues" etc)

I will see about creating that letter and getting it posted off. Just totally hacked off that I am being put in a position where I have to do so even though I have sent the CCA request and the dispute letters...

 

Really appreciate the advice here folks, thanks for taking time out to help me with this

[DuffNCustard]

Yes - this is a 'we may' or 'we might' if then else, consideration waffle. It 's purpose is to rattle you. You could 'formally ' write to them (recorded signed for delivery) requesting a copy of their complaints procedure (bear with me here), they are required to reply to you within a given period of time. You then use this request process to make your complaint of harassment, and what ever else eg debt in dispute, if this fails to sort out the problem you can then report them to the ombudsman. For info the Ombudsman does not necessarily investigate every complaint, but if a company is the subject of many complaints they will, but irrespective of investigation your creditor will get £500 admin fee docked.

 

The letter alone is a clear signal that you know your rights and how to assert them, templates can be found here:-

 

http://www.nationaldebtline.co.uk/

 

there is a huge amount of useful info here, get all boned up with the facts, creditors rely upon ignorance to browbeat and bully debtors - I know from personal experience