Capquest on the loose..........................

[Amethyst]

Re: Capquest on the loose..........................

If you are a year off stat barring and their last letter is a letter before action then it is a good idea to respond to them, not to make any offer, but to acknowledge their intention to bring court action, and remind them of the s.78 breach and ask for any further documents they intend to use in their claim against you. CPR does dictate you should respond - I started writing something but just haven't had much time lately so the CPR is detailed http://www.legalbeagles.info/forums/...any-solciitors

[ncf355]

Re: Capquest on the loose..........................

Fair point well made Ame

In fact, they brought up the very same point when communicating with me

[mystery1]

Re: Capquest on the loose..........................

If you are a year off stat barring and their last letter is a letter before action then it is a good idea to respond to them, not to make any offer, but to acknowledge their intention to bring court action, and remind them of the s.78 breach and ask for any further documents they intend to use in their claim against you. CPR does dictate you should respond - I started writing something but just haven't had much time lately so the CPR is detailed http://www.legalbeagles.info/forums/...any-solciitors

That letter is never ever a letter before action. Ever. Not even in the loosest possible sense.

If it was i'd agree with you. http://www.legalbeagles.info/forums/...075#post391075

M1

[Amethyst]

Re: Capquest on the loose..........................

Yes I agree M1 - its a pre lba letter really.

[jules1707]

Re: Capquest on the loose..........................

You'll have to excuse me as I'm not very good at writing letter and legal speak etc.

Would the letter go something like.

Dear Sirs,

I acknowledge your recent letter (copy enclosed) advising of intended legal procedings. I would like to draw your attention to the fact that you are still in breach of s.78 by not providing a correct CCA.


I would also request information on any further documents you will be intending to use in your claim against me.

I am currently seeking advice from the CAB with regards to the possible claim.


????????

[jules1707]

Re: Capquest on the loose..........................

Ok I have to admit i'm a tad confused, do I still need to send out a letter ref the above and does it say what it needs to say? or do I wait to see if they send me an LBA?

[Amethyst]

Re: Capquest on the loose..........................

I think the consensus is to wait on this one as it's not really a LBA, just a DCA threat letter.

[jules1707]

Re: Capquest on the loose..........................

Thanks Amethyst, This is getting so stressful and I only ever wanted to do the right thing originally but got ignored by the banks and then bullied and threatened by the DCA's and this has been going on for 5 years now

[jules1707]

Re: Capquest on the loose..........................

Well today is the deadline for my one time only final offer etc etc etc and I'm starting to feel sick about what I will receive next!

[ODC]

Re: Capquest on the loose..........................

Probably another final offer.

[jules1707]

Re: Capquest on the loose..........................

One thing I have notice which I think is a bit naughty.........they appear to have allocated £2 to the debt which coincidentaly is how much they've received in postal orders for CCA requests..............

[Captain Haddock]

Re: Capquest on the loose..........................

One thing I have notice which I think is a bit naughty.........they appear to have allocated £2 to the debt which coincidentaly is how much they've received in postal orders for CCA requests..............

They're not allowed to do that....

[jules1707]

Re: Capquest on the loose..........................

So attached is the latest response after I ignored their offer of a 30% discount........I guess it means they will go for a court order despite not being able to supply a cca...please help me with what to do next. I'm struggling to stay positive at the moment.

[Amethyst]

Re: Capquest on the loose..........................

Ok That letter I think could be classed as a letter before action so you should reply to it.

So you did a CCA request and they responded with a recon which doesn't have all the prescribed terms in ? Did you post up a copy of it?

Debt's about £13k - agreement is from 1993/1995 - Lloyds TSB credit card

[jules1707]

Re: Capquest on the loose..........................

Hi Amethyst,yes that's all correct I didn't post a copy of the recon up but I can if you like. They sent bank statements also from 2007 onwards with very different rates on them to the recon.