Capquest - Pre action conduct letter - old sold lloyds credit card wescot/iqor

[debbiexxx]

Hi, and thanks for looking in.

 

Capquest recently bought an old credit card account from Lloyds. In the last few weeks I’ve received the attached 3 letters from Capquest, CQ 3 is a pre action conduct letter.

 

I would be very grateful if someone could advise me how to respond to that letter.

 

Background: It is for a Lloyds credit card opened 2002. Balance £12K. Last payment or acknowledgement 2008 although Lloyds say 2009. When Wescot were trying to collect they said in a letter that Lloyds had informed them that they don’t have an agreement. Same with Iqor

 

Many thanks in advance

[ims21]

Here you go debbie....follow these instructions

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try http://www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

[dx100uk]

follow th guide posted by ims above

 

what does your credit file sat about this debt?

see below

 

dx

[twoman]

Hi Debbie,

Same letter i think as mine.

I asked the same question.

[debbiexxx]

try again

[ATTACH=CONFIG]46289[/ATTACH]

[debbiexxx]

[ATTACH]46293[/ATTACH]

 

 

There is nowhere to adjust my scanner to A4, but the dpi is set at 150 and jpeg, so here goes again.

Edited September 8, 2013 by citizenB

[dx100uk]

just for future ref

convert them to PDF as per the guide

 

dx

[dx100uk]

hehe silly beggers

 

that's a discount letter

 

totally ignore them.

 

its just their way of trying to possibly suggest that they might suggest that a solicitor could recommend legal action

 

and taking three letters to do it.

 

if they could goto court

they would

wihout telling you

 

is this on your credit file?

 

dx

 

 

begging letters

[fkofilee]

hehe silly beggers

 

that's a discount letter

 

totally ignore them.

 

its just their way of trying to possibly suggest that they might suggest that a solicitor could recommend legal action

 

and taking three letters to do it.

 

if they could goto court

they would

wihout telling you

 

is this on your credit file?

 

dx

 

 

begging letters

 

I thought it was a legal requirement to tell people if a CCJ was being issued against them... ?

[dx100uk]

I said goto court

 

the judge gives out ccj's not a no powers dca

 

dx

[debbiexxx]

dx,

 

Last time I looked on my credit file it was there as defaulted.

 

Do you think I should ignore letter 3, the pre action conduct letter. I ask because I've read on this site that capquest often start legal proceedings.

 

I was thinking that I could send them a letter saying I don't acknowledge any debt and could you prove there is a debt by providing an enforceable credit agreement "which I've been told they don't have". Or something along those lines. Any advice/help would be appreciated.

 

By the way does anyone know why my thread has been moved to this forum?

[dx100uk]

get an up-to-date cra file

noddle isfree see below

 

send crapest a cca request

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

 

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, including a detailed statement of the account.

 

 

 

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.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

[Ford]

Hi Debbie,

Same letter i think as mine.

I asked the same question.

 

slightly different twoman. yours says 'will' start a claim, 'will' send to sols to issue a claim, claim 'will be in name.. ' etc. whereas debbies doesn't and says things like 'consider' legal action, 'checks', 'any' claim..' etc although it is also headed 'lett before claim'!

[dx100uk]

these letter have been around since 2010 at least

even saying 'will'

 

never goes anywhere

 

debt managers ltd next

door step threat

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?333513-CapQuest-bought-unknown-Barclays-Partner-Finance-debt&p=4339103#post4339103

 

dx

[intend]

good shout DX - crapquest passed mine to Debt managers after no proof of debt provided and big discount offered. If CQ are the new legal owners I would CCA them - they will have no paperwork.

[Ford]

these letter have been around since 2010 at least

even saying 'will'

 

never goes anywhere

 

debt managers ltd next

door step threat

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?333513-CapQuest-bought-unknown-Barclays-Partner-Finance-debt&p=4339103#post4339103

 

dx

 

fair dos. thought if they said will be issuing a claim in x days, then that would prob suffice as an LBC. whether though they then decide to take legal action or not if no response. if they don't, then shows their misleading comms.