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Good Afternoon,
Firstly, I’m new to this forum but have read over it a fair few times and it has helped me with previous debt issues so Hi! Hope you are all well.
I would like to initially ask if you guys could recommend to me what the correct template for replying to DCA’s chasing a credit card debts taken out in in 2009 would be? You could also perhaps indicate to me what I have done wrong so far in terms of the correct process when replying to Capquest.
The debt I have concerns an old credit card that I had with HSBC back in my student days. I believe this debt to be statute barred. I have wrote back to the DCA (Capquest) on several occasions. On each occasion, I did not acknowledge the debt but asked for the status of the alleged debt. They continue to ignore my question asking for the status of the debt and choose to selectively reply to certain parts of my letters.
I would point out that I have also sent a SAR (Subject To Access Request) to HSBC to see what information they hold on me.
Capquest replied to my last letter in a fairly belittling tone saying that:
“We are aware that the majority of this letter which you have sent to us is a template letter which is readily available to download from various forums and websites. The websites which provide this template, along with others, are unlicenced and unregulated and often offer advice which may be incorrect or inaccurate. We would suggest that if you require any form of legal assistance or advice that you seek advice from a reputable and licenced company.
If you have a valid dispute please provide the details in order that we may investigate this matter further.”
In my last letter, I attempted to begin the 3 letter process. In this letter I asked them to provide verification of their claim by:
Capquest replied to me soon after and said that:
They then said that regarding my request of the copy of the agreement effecting the assignment:
They then confirmed that my timeframe of 14 days is not applicable as I have not requested documentation under the Consumer Credit Act 1974.
As I have said previously, would anyone be so kind as to let me know what the correct template to use to reply to Capquest in this instance would be? Are they also correct in what they are saying to me when indicating why they don’t have to give many of the documents I requested.
Thank everybody for any advice you give me.
Thank you.
Lee
Firstly, I’m new to this forum but have read over it a fair few times and it has helped me with previous debt issues so Hi! Hope you are all well.
I would like to initially ask if you guys could recommend to me what the correct template for replying to DCA’s chasing a credit card debts taken out in in 2009 would be? You could also perhaps indicate to me what I have done wrong so far in terms of the correct process when replying to Capquest.
The debt I have concerns an old credit card that I had with HSBC back in my student days. I believe this debt to be statute barred. I have wrote back to the DCA (Capquest) on several occasions. On each occasion, I did not acknowledge the debt but asked for the status of the alleged debt. They continue to ignore my question asking for the status of the debt and choose to selectively reply to certain parts of my letters.
I would point out that I have also sent a SAR (Subject To Access Request) to HSBC to see what information they hold on me.
Capquest replied to my last letter in a fairly belittling tone saying that:
“We are aware that the majority of this letter which you have sent to us is a template letter which is readily available to download from various forums and websites. The websites which provide this template, along with others, are unlicenced and unregulated and often offer advice which may be incorrect or inaccurate. We would suggest that if you require any form of legal assistance or advice that you seek advice from a reputable and licenced company.
If you have a valid dispute please provide the details in order that we may investigate this matter further.”
In my last letter, I attempted to begin the 3 letter process. In this letter I asked them to provide verification of their claim by:
- providing me with true and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment)
- Deed of Novation
- Providing me with the name of the individual who is the duly authorised representative from the company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account.
- Also confirming the name of the individual who is the duly authorised representative from the company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.
Capquest replied to me soon after and said that:
- They have requested a copy of the agreement from the original creditor which will be provided in due course
- They can confirm the original creditor resreves the right to sell my account as per the original terms and conditions. They said that therefore the following documentation is not applicable:
- Copy of the accounting
- Sworn affidavit
- Tri-Lateral or bi-lateral contracts
- Instrument of Novation
They then said that regarding my request of the copy of the agreement effecting the assignment:
- This would not be provided to me as it is a private contract between HSBC and this company.
- We are not legally obliged to supply me with the Deed of Assignment or the receipt of the sale of the account.
They then confirmed that my timeframe of 14 days is not applicable as I have not requested documentation under the Consumer Credit Act 1974.
As I have said previously, would anyone be so kind as to let me know what the correct template to use to reply to Capquest in this instance would be? Are they also correct in what they are saying to me when indicating why they don’t have to give many of the documents I requested.
Thank everybody for any advice you give me.
Thank you.
Lee
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