Threatening letter from Cap One

[sunflower99]

Hi Carpinjoy

Beachy saw capquest of ok , They are a very persistant but lots of people seen them off .You will need to send them a few letters to make them know you know your rights and you will get loads of phonecalls and nasty threatograms but i am sure Beachy will be able to give you a few pointers

How Odd.ive never had dealings with capquest so i cant coment could it have been some kind of text message?

[carpinjoy]

I dont know it was so low no more than a mumble, Beachy and I as you know have a little issue on another thread, so I am confident he can keep me on the straight and narrow with regards to this lot. Did you have a look at what was sent today?, have you got anything like it, or do they have any clout with what they have sent. I dont think it changes anything just want to make sure.

[beachcomber60]

Permission to come aboard Cap'n

[sunflower99]

Hi carpinjoy .

I have been looking at alleged crapital one CCA the capquest sent you and though i can only offer you my opinnion as i am not a cca expert!so dont take my word as gospel.But my thoughts are that this is unenforceable as it the front signed page is just an application form with no proof or reference that it has prescribeed terms overleaf! or in countinued pages of document I reckon those other pages photogreaphed with your application form are not actually in same document as your application form was just a moisten and seal simpple application form which you fold over and send! i can nor imagiine all these extra pages of ts and cs which crapital one are implying are all part of the original agreement by bundling in these in as well would likely be attached to that same application form.and to be enforcable all the prescribed terms should be found in same document in the four corners so to speak ,which i dont think is the case,

MY one was a different layout but they were still implying it had an overleaf but it refered to terms that were not there,I sent them and MBNA a few letters to sho i had my doubts:)

[carpinjoy]

That is my thoughts on it. I hope one who does know will take a peak, mabye spam could help on this. How do I get hold of her do you know.

[sunflower99]

Is that someone been helping you? If you find a post by them and click on their name an option to send private mssage appears

[beachcomber60]

Still on the dockside waiting permission to board

[sunflower99]

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

I sent this letter to MBNA when they tried same thing!

[carpinjoy]

Permission to come aboard beachy, have a look at what I got in the post today, give me your opinion, you could be in the running for First mate.

[beachcomber60]

Agree with Sunflower on this one, although its different to ours there is nothing to link the front to the T&C's, prescribed terms should be within the four corners of the signature page, clearly they arent.

Was it in dispute before before capQ got hold of it? If so capone shouldn't have involved capQ, although they are very good at ignoring OFT guidelines.

CapQ can be a pain but they can be defeated, once you show you know a bit about the consumer credit act, they made me panic a bit especially when they sent a letter sorry threat-o-gram from HL 'solicitors'.

Good letter from Sunflower to start off with, capone WILL NOT agree that the account is in dispute.

Are there any late/over limit charges added? have they DN & terminated the account?

I await your reply Cap'n.

Off to work now, will catch you later, we will defeat CapQ, easy peasy to our other problem.

Will have my phone with me but wont be able to upload any letters until I get back in the morning.

Give us a shout if any are needed.

Anchors away

 

Beachy

[carpinjoy]

yes it has been in dispute for a while now, the next dispute letter will be my third to them. I slall also send a letter to CQ telling them that it is still in dispute and that I wont be answering their calls or letters. That should (shiver their timbers). We are getting good at this, I wonder who else will jump aboard. Cheers my first mate.

[beachcomber60]

When I finish I'll pm copies of the letters I used against CQ, amend to suit.

 

Beachy

 

Mornin' Cap'n,

 

First letter that was sent to Capq.

 

Capquest Debt Recovery

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

 

Account number:

 

I am in receipt of your letter dated ** **** 2009 – posted **th **** 2009 which was received **th **** 2009

 

This account is in dispute with Capital One and has been since **rd ***** 2008. This dispute has NOT been resolved, and consequently cannot be referred to a collection agency.

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

I am bemused that you provided the enclosed document, its this very document that is the centre of my dispute with Capital One, who seem reluctant to resolve.

 

As I have previously stated this account is in serious dispute with Capital One and I am shocked that they have passed it to you KNOWING that there is an unresolved DISPUTE, now I would respectfully suggest that this account is returned to Capital One, forthwith, for resolution of the dispute, as Capquest cannot lawfully pursue any enforcement activities.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Should Capquest choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing only, as your telephone calls WILL NOT be answered.

 

Yours faithfully

--------------------------------------

 

They should inform you that they have put a hold on the account until they here from their client (capone).

 

I have to go out in a short while probably back late this afternoon, I have follow up letters to Capq. when needed.

 

Beachy

[carpinjoy]

Cheers first mate, got a phone call from CQ this morning, told them in dispute, tried to give me waffel regards they have to see it through, asked them if they hold all of my paperwork including agreement , they said no , I told them to pass it back and I wont be speaking to them again, I put the phone down. ENJOYED THAT.

[beachcomber60]

Well that confirms the're only collecting agents for capone - no powers! Any liabilites to pay is between you and capone NOT capQ, go tell em to 'go forth'.

 

They dont have any paperwork? thats a bit like a complete stranger you meet in a pub telling you that you owe him a fiver - yeah 'er are mate sorry cant remember borrowing it but there you go

 

Beachy

[carpinjoy]

Sounds stupid I know but bear with me, the dispute letter you posted up, can it be transferred to my computer in some way and altered (say on word), or do I just have to keep refering back to it and type out a seperate letter. If I have made this difficult SORRY, just trying to find an easier way to do things, I am not the fastest on a keyboard. Got two to do crapone & CQ so far.

[sunflower99]

Hi Carpinjoy

If you bring up word pad which i get by clicking on programes and then you can copy and paste Beachy letters or my letters onto the pad and delete and alter things until you got suitable letter and then you can just print it of ready to send to the blighters!

[carpinjoy]

Thanks sunflower I will try that. Dca on behalf of I.F. have been giving me grief, have a look on other thread

[sunflower99]

Hi Carpinjoy! Just had a look!

[beachcomber60]

Back from deepest Cornwall, no bl**dy signal til now, Cap'n did you work out how to copy & paste? Capone (alledgedly) good at it -

 

I always copy to MS Word then edit save, works a treat.

 

Beachy

Edited September 11, 2009 by beachcomber60

[carpinjoy]

Sorry been busy of late, back now, update... capquest rang lots did not realize untill I picked up the phone (I need to get into the habit of looking at the number) same old ritual of no one talking then phone goes dead, did speak this morning again not looking at the number first, asked him if they got my letter he tried to be pushy and did not answer my query, so was told to go forth and multyply. I know they have recieved it, but like my first mate said they would just ignore it, well two can play at that game, no more answering the phone without looking first.

[beachcomber60]

 

"Thats the way to do it, - Pieces of Eight - Pieces of Eight"

[carpinjoy]

Where the hell did you find that, still laughing.

[carpinjoy]

Did you catch up on my thread M.B.

[beachcomber60]

Mornin' Cap'n

 

U wait til you see the one I've got lined up for your MB thread

[carpinjoy]

You have too much time on your hands beachy