This time Capquest

[lowwill]

Well it has been quiet for a number of weeks now but low and behold this morning a letter from Capquest telling me they are now looking after my account. I do not recognise the Account number and neither do they indicate a named bank.

They would like to work with me to reach a repayment plan. How kind.

My first reaction is to bang off a CCA Request with the obligatory £1 P.O.

Can I ask members do you concur with this course of action?

I currently have an issue with another outfit called Moorcroft or something. That one is bubbling along reasonably well.

[Desperate Daniella]

Hi lowwill,

 

As they don't say what it is about I would just write and ask them. I wouldn't do a CCA request until they tell you what it is.

 

Remember to start with:

 

I do not acknowledge any debt to your organization or any organization you claim to represent.

 

DD

[lowwill]

Thank you DD as usual you are always there for me.

Edited January 15, 2014 by lowwill
Spelling

[lowwill]

How about the following:

I am in receipt of a letter from you dated 11 Jan 14.

I do not acknowledge any debt to your organization or any organization you claim to represent.

Therefore may I suggest should you wish to pursue this matter further then I would require more information prior to my taking the appropriate course of action.

 

I look forward to hearing from you.

 

[Desperate Daniella]

Always happy to help where I can - and happy that others help me too!

 

That's fine but a bit polite. Make the last sentence a little shorter.

 

.....wish to pursue this matter further you provide full details of any alleged debt.

 

I wouldn't say you look forward to hearing from them!!! You don't.

 

DD

[lowwill]

Brilliant, thank you. Letter amended accordingly.

[Desperate Daniella]

Let's see what they come up with.

[lowwill]

Can someone advise me please?

1. A credit card debt is in fact an Unsecured Debt is that correct and does that have any significance in law?
   
2. Is there a time limit from when a payment was last paid, when correspondence was last sent and when a DCA takes control of an account?
   

Probably clutching at straws but there is something niggling in the back of my mind from a conversation I had some years ago with the CAB when I first lost my job and they informed the Banks of my dilemma.

Any reply would be most helpful, thank you in advance.

[renegadeimp]

I'd have sent a prove it letter as the debt is unknown.

 

Until you get a valid response, i wouldnt give it a second thought.

[Desperate Daniella]

Hi lowwill,

 

An unsecured debt means that it is not secured on your property or other assets. It does have significance in law. Unfortunately what some creditors do is to issue a Statutory Demand if they think there will be difficulties in proving their case in court because they have an unenforceable agreement, for just one example. If the SD is not opposed your unsecured debt can become secured and they can issue proceedings for bankruptcy.

 

It used to be thought that a debt became statute barred six years after the last payment was made, or when the last acknowledgement of the debt was made. It's now believed the six years starts at the time the creditor has a cause of action and this is usually two to three months after the last payment was made. You must not have acknowledged the debt in writing at any time in six years so if during that time you make even a small payment or agree that you actually owe the money the SB clock restarts at that point.

 

DD

[lowwill]

Good morning, well in response to my letter see above #4 I have now received the following;

Do you agree it is now time to send the CCA letter with the £1. p.o.? I do not recognise either the alleged amount owed or the account number they have put in their letter. Many thanks for any replies.

[lowwill]

Please can someone give me some advice? Do I request the CCA or is there another route I can take?

I hope I am not giving a false impression but my health is poor and I'm currently being treated for mental illness in the shape of having suicidal intent. The hospital and Doctors have agreed to write me a letter outlineing the situation but I'm just trying to get my act together.

This has all come about because I stupidly applied for a PPI repayment after nearly 6 years of not having heard anything from them.

Edited February 4, 2014 by lowwill
Additional sentence

[lowwill]

Can someone please answer my post and help me.

[lowwill]

Well for whatever reason no-one on the forum has chosen to try and help me so just for the record I have now sent a CCA request complete with the £1. P.O. Just hope it does the trick.

[silverfox1961]

Hello stranger.

 

No idea why you haven't had any responses recently.

 

Did CQ say who the creditor was and whether there was an account number to be going on with.

 

Yes to a CCA and as to that silly letter, ignore as they haven't even tried to answer your query.

 

Now someone has answered, I will unapprove the post you made this morning.

 

(nice to see you back again)

[lowwill]

silverfox1961 thank you so much for answering I was beginning to get worried.

Yes to your questions, on the letter they identify a bank name and an account number. Although I did have a card with that particular bank the account number is nowhere near.

Anyway I have sent for a CCA with the £1 P.O. so now will wait.

[Desperate Daniella]

Sorry, lowwill, I was dealing with a couple of disasters on the home front. I never realized that radiators could suddenly develop holes on the front and start spraying dirty water everywhere!!!!

 

I hadn't ignored you; I just wasn't around for a few days.

 

Let's see what they send in response to your CCA request.

 

DD

[lowwill]

Thank you for responding DD, I'm not in a good place at the moment and I thought I had posted something wrong. I really am sorry about your radiators so hopefully you are getting them fixed.

Not sure what is wrong with me at the moment I just go to pieces at the drop of a hat. They say it is Clinical Depression with Suicidal Tendencies. I'm 69 years old and just wish I could get my three score and ten in and then get called to a higher place.

Once again thank you for getting in touch.

[Desperate Daniella]

Hi lowwill,

 

Thank you. The plumber is getting a new radiator and also a new loo fitting as that broke too!!! And I also had blocked gutters which were pouring into my neighbour's garden. And my daughter was ill so it's not been the best week. Unfortunately I couldn't turn the water off easily as the tap was stuck so I used every single towel trying to keep the water in the radiators. It was like the boy with his thumb in the dyke. My daughter was in bed when it happened and it was her radiator. We were both running around like headless chickens screaming. I've now got a house like a Chinese Laundry with load after load of towels. Oh joy! Still, it could have been worse. If I'd been out when it happened and not stopped the water it would almost certainly have brought the ceiling down, so I'm grateful for small mercies.

 

We all go through bad places at times. I know I do. I was suicidal too before I discovered CAG and I have bad days too. It's really horrible to be worried sick about money and debt collectors but they are not worth dying for. At 69 I'm sure you have many more years ahead of you and it will get better as soon as this stuff is sorted out. The higher place can wait!

 

Hugs,

 

DDxx

[lowwill]

Well have now received a reply to my request for a CCA documentation. It merely say they have forwarded my request to the bank and will provide me with it when they receive it. Very straightforward and I guess I just wait now. Although yet again they indicate an account number I am just not familiar with nor can I find it it my records.