capquest problem

[horti1]

hi all i am a newbie and need some advice,firstly this company are hassling me over a credit card debt which is mine and i have been paying them £40.00 per month for a short while now. The credit card was taken out 1998, I have recently sent capquest the cca letter. If they cannot provide the original cca ? What would that mean for me ? Will i have to pay back debt or not. Confused and tired.

[FlamingParrot]

Re: capquest problem

hi all i am a newbie and need some advice,firstly this company are hassling me over a credit card debt which is mine and i have been paying them £40.00 per month for a short while now. The credit card was taken out 1998, I have recently sent capquest the cca letter. If they cannot provide the original cca ? What would that mean for me ? Will i have to pay back debt or not. Confused and tired.

Hi and welcome

What did they send in response to your CCA request? The answer depends on what they've sent. If they can't find the agreement, or try to fob you off with random terms or an application form, the debt would be unenforceable, meaning they can't get a CCJ but the debt still exists.

Whether you pay it back or not would be up to you, I have a couple of debts I've not paid in 4 years as one can't find anything and the other just sent an application form. I've not heard anything in 2 years and there's just 2 more to go before they are statute barred. As long as you make payments, the SBd clock won't start. :clock:

Would be useful if you could post up what Capquest sent in response to your CCA request. :typing:

[horti1]

Re: capquest problem

hi and thanks, i have posted cca request two days ago. Now that i have requested the cca i understand that this brings the account in dispute so i will not be paying until i know there reply.

[FlamingParrot]

Re: capquest problem

hi and thanks, i have posted cca request two days ago. Now that i have requested the cca i understand that this brings the account in dispute so i will not be paying until i know there reply.

Actually, merely sending a CCA request does NOT put the account in dispute. They have 14 days to respond to it and the 14 days haven't passed yet, so the account is not in dispute. Once the 14 days are over, the account will be unenforceable until such time they send you something compliant. At that point, you could make a decision to stop payments and, should anyone contact you, inform them that the account is in dispute due to non-compliance with your CCA request. DCAs are not usually able to reply within 14 days due to the need to go back to the original lender to get the documents.