Accounts sold to debt agencies

[Jakena]

In the last two weeks, I have had letters back from two of my creditors saying that they have sold my account to debt collection agencies.

 

I have been told that I should send a letter back to each of these asking for a copy of the credit agreements they have bought as all I've recieved is an amount they are wanting from me for the total debt.

 

I was wondering if anyone has a letter template for this.

 

Also can I include in a letter that about £500 of the total debt they have bought is only due the unfair charges that have been applied to my account since I've sent them letters of me income and expenditure and how much I can pay them each month and they refused my offer?

 

Any help would be appreciated.

[Jakena]

Ok, I have drafted out the following letter with the help of a couple of previous posts I found on these forums. Would this be ok to send? I would then amend it for the other debt I have that has been sold.

 

Capquest Investments Limited

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

 

Dear Sirs,

 

Reference: xxxxxxxxx

 

Thankyou for your correspondence informing me that you have purchased my debt.

Due to my partner being out of work for a while I had built up an amount on credit cards to help pay the household bills. However my partner is now back in work and we are slowly getting back on our feet financially. In regards to the debt you have purchased off Sky Card, I had sent them details of my income and expenditure and what I was able to pay each month, however they had refused. My account was in its credit limit until they started posing charges onto my account which eventually led to nearly £600 that I hadn't even borrowed off this creditor which is obviously why they have sold on my debt. I will be claiming these charges back off Sky Card.

Now that you have purchased my debt, I require the following information. I also ask that you only communicate with me in writing as I have had enough of the telephone harrassment I was recieving from Sky Card.

I require you to supply the following documentation before further discussions may proceed.

 

Firstly, you must supply me with true copies of the agreements you refer to in these matters. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 postal order in payment of the statutory fee. This payment is not to be applied to the alleged debt under any circumstances.

 

I also require that you supply signed true copies of the deeds of assignment of the above referenced agreements.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours Sincerely

 

[bfb]

I would suggest that it is an error admitting that you owe this at this stage. It is their responsibility to prove both that they own it and second that you owe it

[Jakena]

ok thanks I'll amend it a little.

[Jakena]

I didn't recieve a response from my letter and 14 days later ( a couple of days ago) I got a letter from some solicitors saying they will take me to court if I don't pay the full amount.

 

I brought up the courage to phone them today and they say they have no record of the letter I sent however it could take time to go through the system, they said wait 7 days and call back, however that takes me nearly to the deadline on the solicitors letter so I just said I'd send a copy of the first letter I sent in case it had been mislaid.

 

I also answered the phone a couple of days prior to getting the solicitors note and asked where the credit agreement was then, the person on the phone wasn't very nice saying that I am refusing the acknowledge the debt and I'd be hearing from them.

[lookinforinfo]

As someone has phoned and said that you have not acknowledged the debt

must mean that they have received your letter. I assume that you included

£1 with it? If so, your account is in dispute and they cannot pursue you

for the debt until they conform with your request.

[Jakena]

On the phone I said that I only wanted to discuss matters in writing and not on the phone as said in my letter, because I wouldn't talk on the phone they said I'm refusing to acknowledge my debt.

 

The phone call I made today confirmed that they said they haven't recieved my letter.

[lookinforinfo]

Did you send the letter by recorded delivery?

[PhantomReclaimer]

On the phone I said that I only wanted to discuss matters in writing and not on the phone as said in my letter, because I wouldn't talk on the phone they said I'm refusing to acknowledge my debt.

 

The phone call I made today confirmed that they said they haven't recieved my letter.

 

As Lookingforinfo has said, make sure you send everything recorded delivery so you can prove what has been said.

 

There is no way they can make you talk to them on the phone. As long as you are writing to them then you are certainly not ignoring your debt. Of course the reason they want you on the phone is that they are trained to pressurise payments out of you that way.

 

I don't have figures to hand but I get the impression that companies like Capquest actually pursue very few of their debts to Court, especially in cases where they think the defendants may actually turn up. Having experienced the behavior (lies, threats, harassement, etc) of these companies I very much doubt they want that sort of thing aired in public.

 

I'm dealing with an issue with these weasels for someone at the moment so I may have some interesting news in a few weeks.

 

P.

[Jakena]

Thanks for your help. I've posted a copy of the original letter today recorded delivery, so this time maybe it will get sorted.

I've also included another £1 postal order in it.

[PhantomReclaimer]

I'm dealing with an issue with these weasels for someone at the moment so I may have some interesting news in a few weeks.

 

Wow - quicker than I expected!!!

 

http://www.consumeractiongroup.co.uk/forum/general/53162-battle-capquest-over-final.html#post436347

 

P.