Claim Form Received - Intrum UK Finance Limited C/O Capquest Debt Recovery Limited

[JK2054]

maybe don't tell them what they're doing wrong - just gives them time to find a cover up?

[Rocky Racoon]

Hi

I wanted to provide an update regarding the ‘Without Prejudice Save as to Costs’ letter I sent in December 2024. I haven’t received any response from Drydens Solicitors or Capquest, which leads me to believe they may have given up. However, after reviewing my credit file on TransUnion, I’ve noticed that they are still recording monthly defaults against the account.

Given that they have failed to meet their obligations under the Consumer Credit Act 1974, I’d like to clarify whether they are still legally permitted to report these defaults—especially as the debt is now unenforceable.

I ran this past ChatGPT, and it suggested the following letter for me to send. I’d really appreciate your thoughts—do you think it’s worth pursuing, or should I leave things as they are?

Looking forward to your advice.


[Your Name]
[Your Address]
[Your Postcode]
[Your Email]
[Your Phone Number]
[Date]

Capquest Debt Recovery Limited
[Capquest’s Address]
[Postcode]

Subject: Formal Complaint – Unlawful Reporting of Defaults on Credit File

Dear Sir/Madam,

I am writing to formally raise a complaint regarding the continued reporting of defaults on my credit file in relation to the alleged account you claim I owe, despite your failure to provide a valid, executed credit agreement under the Consumer Credit Act 1974 (CCA).

On 1st August 2024, I submitted a formal Section 77-79 CCA request to Intrum Finance Limited (C/O Capquest Debt Recovery Limited) requesting a true, legible copy of the credit agreement. To date, no valid agreement has been provided. Additionally, I submitted a CPR 31.14 request to Drydens Solicitors, which also failed to produce a properly executed agreement.

As you are aware, under the Consumer Credit Act 1974, a creditor cannot enforce a debt if they are unable to provide a valid, executed credit agreement upon request. Furthermore, under the Financial Conduct Authority’s (FCA) Consumer Credit Sourcebook (CONC 13.1), it is an unfair practice to mislead a consumer about the enforceability of a debt. Despite this, you continue to report monthly defaults to TransUnion, which I believe constitutes unfair processing of my personal data. Requested Action

1. Cease reporting this debt as defaulted on my credit file with immediate effect.
2. Remove all historical defaults associated with this account from my credit file.
3. Provide written confirmation that you have corrected my credit record within 28 days.

Should you fail to comply with this request, I will escalate my complaint to the Financial Ombudsman Service (FOS) and report your actions to the Information Commissioner's Office (ICO) for potential breaches of UK GDPR and the Data Protection Act 2018. I trust you will take this matter seriously and act accordingly.

I look forward to your response within 28 days.

Yours faithfully,

[kcrcic]

Hi, can I ask where you are at with this now please. Capquest have sent me pretty much the same document in response to my CCA request. My SAR request from Virgin never included a letter regarding passing the debt to Arrow Global. Hoping it worked out in your favour in the end!