14 days is up for capquest what next

[boozy]

sent cca on the 15th nov to caquest ,not heard from them what next

[Turnaround]

They would normally acknowledge receipt, and follow by advising the account is on hold. Did you send it recorded and can you confirm they got it? This is important

If so then….

 

The debt is now unenforceable, and only enforceable if they go to court. If, in a further month they still haven’t produced the requested documents then they have committed an offence. If in the future they produce the documents, then they would have to go to court to enforce it.

 

In the mean time, they are in default and you have every right to withhold payments until sorted. If on the other hand, you deny the debt then try and ignore them.

[boozy]

still not heard anything from them ,what next as the debt is 6 years old next week

[me_n_my_kids]

i would ignore it if i was you, as turnaround said its unenforcable anyway

[lookinforinfo]

It depends how you worded the cca. That could have been sufficient to acknowledge the debt, and put it back in force for another six years.

 

However, do not chase them up about the cca. The longer they don't respond, the longer your debt is in dispute, and so they cannot pursue you.

After they have committed an offence, they may be unlikely to enforce the debt by going to court unless the debt is quite high.

The reason being that the later they are to respond to the cca, the higher

the fine is likely to be for the offence rising to a maximum of £5000.

[dodgy]

Is there some snazzy letter template informing the DCA that they no longer have the right to persue the debt without a court order, quoting relavent section in the DPA???

[Turnaround]

Is there some snazzy letter template informing the DCA that they no longer have the right to persue the debt without a court order, quoting relavent section in the Data Protection Act???

 

Template M at the top of the forum

[boozy]

IT IS NOW 2 MONTHS SINCE I SENT OF A CCA REQUEST TO CAPQUEST ,STILL NOT HEARD A THING... WHAT NEXT AS THE DEBT IS NOW OFFICAILY 6 YEARS OLD....

DEAR SIR /MADAM

RE:..REFERENCE NUMBER

I do not acknowledge ANY debt to your company. I require you to the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

I understand a copy of our credit agreement should be supplied within 12 working days

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

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

I look forward to hearing from you.

Yours faithfully

 

 

[Turnaround]

No need to contact them, your home and dry with this one, as long as you didn’t acknowledged the debt....

 

IF, and it’s a big IF, they contact you just send them letter M from the library and they will go away.....

[boozy]

i didn’t acknowledged the debt.... in my cca

[Notty]

Sorry to highjack but just wanted to ask when you say "make sure you didnt acknowledge the debt" does that count if you have been paying the dca and then changed it to just pay a £1 token payment until the case against the card issuer is sorted. Is it still possible to do the cca request to the dca?

[chowtzu]

I have a long bitter dispute with Capquest to the degree I will be serving a court summons on the 22 January for lots of issues, however I understood that if they fail with a cca request then they dont have all the documentation needed to legitimise collection protocols and so should stop and return the debt, even if they have bought it.

[Turnaround]

Sorry to highjack but just wanted to ask when you say "make sure you didnt acknowledge the debt" does that count if you have been paying the dca and then changed it to just pay a £1 token payment until the case against the card issuer is sorted. Is it still possible to do the cca request to the dca?

 

At what stage is the "case" with the card issuer? If its at court stage, and they are demanding payment, you can advise them that it will be viewed as an attempt to pervert the course of justice if they were to continue.

 

Yes, you can still send a CCA request to the DCA, and is the best way to gain control of the situation. Because in truth, as the account is in dispute with the OC then you shouldn’t be paying anything!!!

 

By making payments you have acknowledges the debt. However, an explanation could be that you made them under duress as a direct result of the DCA’s extreme pressure from the start. Have you kept all the paper work and proof of harassment?

 

Send the CCA and wait and see what documentation is produce. Failure to satisfy the CCA means that the debt is in dispute and unenforceable, unless they get the courts permission to pursue it again. Whilst in dispute you are entitled to withhold further payments.

 

If the DCA hasn’t followed the correct procedure when buying the debt (very few do, and capquest haven’t in the past), and they haven’t got a copy of the original agreement then they will be foolish to go to court any way. By failing the CCA time frame they would of committed an offence and would have to explain why.