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Hi,
I'm just after a bit of advice as what to do regards a debt of mine.
A company called Capquest debt recovery was trying to collect payment from me from a credit card. They were working for Robinson Way who had bought the debt from Captial One visa.
I sent them the letter below on the 14th April 2009.
All I received back was some photocopies of, all I can explain them as are slips of statements about an inch high and not true satements, dated from Oct 1999 through to March 2006 then Feb, March & April 2009. These have the date on them, min payment due, credit limit & new balance but some have no transaction details. Some have different balance details but don't show any payments in or out. I did not receive a copy of my credit agreement etc.
Robinson Way have now started to track me down for this debt again and have also some how got my ex-directory phone number and started to phone me! They have now sent me a formal notice of intended court action.
What do I do? Trading standards? Ombudsman? or the Alternative CCA 12 + 2 days letter. found on a template page on this site?
Thanks in advance
Dear Sir/Madam
REF NUMBER: *******
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
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.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :
1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.
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.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully
**********
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