Section 78 advice passed to another DCA

[debtkiller]

Can anyone give me some advice about s78 please.

 

I am being chased by our freinds American Express, they have been VERY unhelpful and have in the past employed a lot of DCA's.

 

The last DCA they employed was VIL Collections. I sent them the s78 letter and £1 and got a fumled response from them but not what is required so I ignored them. At this time VIL were acting as agents for Amex. I did not send the s78 letter to American Express though (not even sure where to send it)

 

I have now had a letter from this forums old freind capquest sying that they have bought the debt but have had no letter of assignment, do they have to provide this? if so by when?

 

Do I have to now ask them for s78 and give them the 12 working days, or is the fact that another company did not supply what is needed mean that capquest can go and fall off the nearest cliff??

 

All help is greatfully received

[Turnaround]

As Capquest have now bought the debt, and own it then yes send the CCA request.

 

Dont worry that they have not executed the debt correctly, or provided the requested documents as it will be for them to explain why not IF it gets to court. and ultimately face hefty fines.

 

Let them dig their own hole, as they should be fully aware of their responsibilities by now....

[tbern123]

As Capquest have now bought the debt, and own it then yes send the CCA request.

 

Dont worry that they have not executed the debt correctly, or provided the requested documents as it will be for them to explain why not IF it gets to court. and ultimately face hefty fines.

 

Let them dig their own hole, as they should be fully aware of their responsibilities by now....

 

As turnaround said, let them dig their own hole.. Send a CCA request to them, that way if they default and sell the debt the buyer of the debt is also automaticallydeemed as defaulted....

[MARTIN3030]

Yes agreed.

There have been lots of dealings with Capquest over the months.

In fact I had dealings with them myself and they soon backed off when I fired off the letters.

Dont be intimidated by them,in fact a search on here will throw up lots of stuff you may find interesting.

 

have a look at this too;

sorry on second thought I will pm it to you.

[debtkiller]

Thanks for all your help, but I'm still a bit confused. The CCA request was already sent to the last DCA VIL Collections who where acting as agents for Amex, this went into default. From what you are saying capquest is now automatically deemed in default as a result.

 

My dilema is if I send capquest the CCA request and (by miricles) they fulfill it and then want to take me to court the court will probably look favorably on them as THEY fulfilled their legal obligations, now if I do not send them the CCA request at all and say its in default, this could get messy if taken to court - can you see my dilema.

 

I also have another query about this - sigh!! Amex registered a default against me in 2004. As this is now owned by capquest - do capquest have control over removing the default? and reporting to the CRA's any payments, satisfaction etc? or is that still left with Amex who could not care less about it (out of their hands).

 

As usual all feedback is gratefully received.

[tbern123]

Sorry that is not the case. The only company that can default under a CCA request is the owner of the debt... They are the only people that are abilged to provide you with info, copies of docs etc......

 

Their agentd don't have to provide anything....

[NailPost]

Sometimes, well pretty much all the time really, the agents acting for the debt owner, act as if they own it. While they may not be obliged to send you any documents they do very little to make sure the owner complies with the request either. In my experience I've come down hard on both the agent, the owner and the original creditor and told them all they are equally responsible. While the agent and the owner tend to bluster and continue harrassing and bully the original creditor, usually the high street bank with a "good name" takes action and calls these parasites off.

[debtkiller]

Now that the debt has been sold from Amex to capquest does anyone know who can remove/update the original default issued by Amex??

[stivis]

There have been lots of dealings with Capquest over the months

.

 

would appreciate any advise on how to deal with them

[tbern123]

Now that the debt has been sold from Amex to capquest does anyone know who can remove/update the original default issued by Amex??

 

Usually when a debt is assigned (sold) to a DCA the default gets changed into the name of the DCA