Capquest ignored my CCA request - TSB Debt.

[sw2000]

I made a formal request for them to prove it,

during this time, they finally stopped harassing me,

however kept asking me to provide the very documentation I've asked them to provide proof of.

 

They have come back just before the end of the 2 month time frame in which I officially complained about them failing to produce the CCA, stating they are refusing to uphold my complaint and are still waiting to hear back from TSB with a copy of the CCA, they claim in the letter that they have a record of a call in which I claim to be aware of the balance and I had an intention to start making payments.

 

I have SAR'd them to find out the basis of this, if they don't have a recording I presume its not enforceable as evidence?

My argument would be I would have presumed this was another debt I had ongoing at the time, which I am currently in a payment plan for.

 

In their response they did however admit their contact was harassing and offered a £100 cheque in compensation for this.

I have simply responded with a separate SAR and don't know where to go if they are ignoring my CCA request?

 

Should I go the ombudsman now?

[BankFodder]

When did you send them the sar?

[sw2000]

Today after further reading around here.

Should I give them a chance to respond to the SAR so I know what info they have?

Is this the point of divergence so to speak?

[dx100uk]

i wouldn't bother with an SAR.

 

if you sent a CCA REQUEST and they've not complied within 12+2 working days.

simply ignore them till they comply.

 

a telephone call is NOT admittance.

 

when did you last pay/use the credit

and what type of credit was it?

when did you take it out?

 

and stop talking on the phone about any debt.

 

a DCA is NOT A BAILIFF

and have

ZERO legal powers on ANY DEBT , no matter what it's type

 

 

 

dx

 

 

[sw2000]

TSB standard Credit Card

last used I presume around March 16 before the May 2016 default, would have took it out the year before.

 

My concern about ignoring them is, they added the debt to my credit file AFTER I asked them to prove it, so at a stage were I cant really ignore?

[dx100uk]

they didn't..a dca cant add anything to a credit file.

TSB would have and capquest inherited the entry upon sale.

 

just because a debt is on your file, doesn't mean it's enforceable. 

await the CCA return.

 

[sw2000]

Arrow Global added the balance to my credit file on April 20th 2020 after me sending the prove it letter, it wasnt showing up until then? 

As for the CCA return this is my point, the allotted time frame for them to present me with it has expired, and they have failed to do so, so what should I do? 

[dx100uk]

Then as already said you ignore them until they do.

capquest are arrows..just a trading name of the group.

 

Debt will show till the defaults 6ths birthday.

Then vanish from your file

 

Next time

For get useless prove it letter tennis

Simply send a cca request.

 

 

 

[sw2000]

Apologies, I use the terminology flippantly. I have sent them the cca request. They are choosing to ignore it. I have took heed of your advice many thanks.

[dx100uk]

[sw2000]

They have responded to my SAR by asking me to confirm my name, DOB and address, I'm curious if I should or not?

 

Also if I cashed a cheque they gave me in view of settling a complaint, I would not be admitting liability for the debt would I, and the request for the CCA would still stand? They have gone silent since their last mail out on this subject.

[London1971]

You mean TSB have responded asking you for proof of identity ? That would be perfectly normal and fine 

[sw2000]

Apologies, chain of events is

 

- none stop harassment for a few months over an old unknown/unaware debt

- Complained to capquest due to harassment and asking them to prove it with CCA

- Capquest admitted harassment and issued cheque for compensation considering the matter closed, but also said they were still looking for the CCA, but asked me for a copy if I had it

- radio silence since the cheque was issued and i'm wondering if they are waiting for me to cash it to apportion liability for the debt?

 

this has been ongoing for months, and I wanted a speedier resolution than waiting 2 years for it to disappear off my credit file, hence why I actioned the CCA req myself etc.

[dx100uk]

cant hurt you.

how the beep can compo be admittance of any debt?

 

dx

[sw2000]

I was worried it would be another long battle trying to unravel a settlement as admittance is all, apologies if the question seems somewhat airheaded, but these are the original shysters this lot are they not

[London1971]

The original creditor, if they are asking for proof of identity, you should provide it, so that they can give you an SAR.  Capquest, though who are the DCA, certainly not.

 

 

[honeybee13]

Thread reopened.

 

HB

[sw2000]

26 minutes ago, honeybee13 said:

sw2000, I think you should remove the reference number for your online account from the pdf. Or I can hide your post and you can redo it.

 

HB

I tried so hard that time too, all good this time.

 

Hello

 

So update on this, after silence from them for some time, I receive the following letter. Where the devil have they got the fraud thing from? I sent them a standard CCA req.

 

Would I be right to redirect them back to the CCA? 

 

Many thanks

IMG-20211122-WA0031_Redacted (1)_Redacted.pdf

[honeybee13]

Hi.

 

I've removed your previous post with the pdf that had the reference number in it and copied the text of what you wrote onto your post above.

 

HB

[London1971]

No need to refer to anything or bother writing back. 

[Andyorch]

I would think that they have mixed up their response with another customer complaint and addressed it to you....still what do you expect from Capquest....at least their response is not written in red crayon ?

 

If you wish to respond and have a little fun then respond and inquire what they are actually on about and BTW you are still in default of my CCA section 78 request dated xxxxxxx. Please cease all activity and harassment along with  phone calls texts carrier pigeon until you can comply with my request. 

 

 

 

.

 

[London1971]

Yup Andy, Capquest have just started sending me desperate begging letters for an account that went statute barred in 2010. 

[dx100uk]

wanting mugs to fund their xmas party drinks bill.

 

dx

 

[sw2000]

So I just replied saying I had no idea what they were on about in terms of fraud but the cca request was well over due, and they have replied with the below, I am just conscious of being careful with how I reply. I just want them to stop harassing me

 

 

"Good Afternoon

 

Thank you for your email.

 

We can confirm we do not have your consent to discuss this matter with you on this email.

 

Security of our customers' data is of high importance to us therefore to enable us to discuss this matter with you over the email, you are required to reply to this email and confirm the following information in full.

 

Please Note: without this information we cannot respond to your request:

 

* Please confirm you are happy for us to correspond with you by email going forward

 

* Your Date of Birth

 

* First Line of Address and Postcode/Any Previous Address and Post code.

 

Please Note: By confirming your identification and verification check you are giving consent to communicate with us via email. Your email address as well as your personal data and email correspondence will be stored on your account file for future reference. Your information will remain confidential within Capquest. For further details on how we process data, our privacy policy can be found on our website:"

[London1971]

Don’t bother, it’s all a waste of time , everything you are doing. They haven’t come up with a CCA the next move is there’s . 
 

Also if you ever do need to communicate with them again do not use email, it’s just another route for them to harass you. Plus there are

loads of scam emails saying they are from Capquest .