Capquest Harrassment

[Brassed off]

Will get on to my bank on Monday. Will ask for all payments made to Capquest from the start of the direct debit, when it stopped and when it re-started. Am just waiting for them to call today - they usually do on a Sunday - so that I can ask them to stop 'phoning me. Am going to dig out all correspondence from Capquest today.

[Brassed off]

Am gobsmacked! Not one phone call from Capquest today. This is a first - perhaps I was right and they are reading my thread!

[allykat]

Am gobsmacked! Not one phone call from Capquest today. This is a first - perhaps I was right and they are reading my thread!

 

 

Probably just having a day off or something....I don't think anyone at CrapQuest can read....

[Brassed off]

Received info from National Debtline today. Will send of CCA letter tomorrow - recorded delivery. It also asks for a full breakdown of the account including any interest charges. I have two debts, a loan and a credit card. Presume I need to send a cheque for £2?

[rory32]

Spot on!!

[Brassed off]

Cheers. It also asks you to put your account number on. Presume that is the Capquest reference number?

[ODC]

Received info from National Debtline today. Will send of CCA letter tomorrow - recorded delivery. It also asks for a full breakdown of the account including any interest charges. I have two debts, a loan and a credit card. Presume I need to send a cheque for £2?

NEVER send a cheque. It gives them too much detail. Account number, sort code and signature. A postal order may cost an extra few pence but the less these people know about you to put on to their database the better.

 

Not that I would for one moment suggest that Crapquest would do anything illegal:rolleyes: but your personal detals should rmain just that PERSONAL. Apparently some DCAs have been know to scan signatures (allegedley)

[PriorityOne]

NEVER send a cheque. It gives them too much detail. Account number, sort code and signature. A postal order may cost an extra few pence but the less these people know about you to put on to their database the better.

 

 

I have never had a problem with sending a cheque.... and it has also enabled me to check up on which bank account they have passed it through. Very useful ammunition when a DCA is registered as dormant/non-trading, but is still managing to process payments .

[ODC]

You can get the similar info from a crossed Postal Order but with the added bonus the DCA gets NONE of your bank details

[PriorityOne]

You can get the similar info from a crossed Postal Order but with the added bonus the DCA gets NONE of your bank details

 

 

I think it's probably one of those situations that boils down to personal choice. If it makes a person feel more secure to keep cheque details private, then that has to be a good thing.

 

[ODC]

I think it's probably one of those situations that boils down to personal choice. If it makes a person feel more secure to keep cheque details private, then that has to be a good thing.

 

Just call me cynical

[rory32]

Are you using the "just because I'm paranoid it doesn't make me wrong" argument ODC?

[ODC]

Are you using the "just because I'm paranoid it doesn't make me wrong" argument ODC?

No the tell the DCAs F all argument. Mushroom syndrome keep them in the dark and feed them sh1t

[Brassed off]

OMG :o they've rung tonight (Crapquest). Was shaking like a leaf when I got off the phone to them. Told them in no circumstances must they contact me by phone and told them that in future, they must only correspond with me in writing. Notice that the sh1t that I spoke to last time got his lackie to do the 'phoning (chicken). After I had told the lackie about not contacting me by phone he asked why - was sorely tempted to tell him but just put the phone down. Apologies - been too busy in the evenings this week and am only now able to sort out my CCA this is a copy of the letter I intend to send.

xxxx May 2007

 

Capquest Debt Recovery Ltd

XXXXXXXXXXXXX

 

Dear Sir/Madam

 

 

REF: XXXXXXXXXXXXXXX

ACCOUNT NO: XXXXXXXXX

 

 

With reference to the above agreement, I would be grateful if you would send me a true copy of this credit agreement and a full breakdown of the account including any interest charges applied. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of my credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of my credit agreement and statement of account should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

Please also supply me with a copy of the Deed of Assignment which gives you the legal right to chase these debts.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

Me

 

 

1. Rory 32 - In your post of 19th May, you mention the fair processing notice - can you tell me how to word this and where in the letter I should put it?

2. Do I need to sign the letter?

3. Is it better to send "recorded" or special delivery - can I keep track of these on the net?

4. Have decided to send a Post Order for this - is there any way I can track whether this has been cashed?

 

Many Thanks

[rory32]

You need to put on the letter after Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above agreement (this should be account not agreement), I would be grateful if you would send me a true copy of this credit agreement and a full breakdown of the account including any interest charges applied. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of my credit agreement and a statement of account on request (the statement of account is under The Data Protection Act 1998). I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of my credit agreement and statement of account should be supplied within 12 working days (you seem to be confusing the two - the 12 working days only applies to the copy of the credit agreement).

 

I understand that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

Please also supply me with a copy of the Deed of Assignment which gives you the legal right to chase these debts (it is an alledged debt).

 

I look forward to hearing from you.

[rory32]

2. Do I need to sign the letter?

3. Is it better to send "recorded" or special delivery - can I keep track of these on the net?

4. Have decided to send a Post Order for this - is there any way I can track whether this has been cashed?

 

2. You don't not need to sign the letter - in fact I would recommend that you don't. Just print your name.

3. Special delivery is better.

4. If you ask for the postal order to be crossed and keep your receipt you can track whether or not it has been cashed/paid into an account.

[rory32]

I am posted below the CCA request I use in these instances:

 

Dear Sir/Madam,

 

Ref No: xxxx

Account number: xxxx

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.

 

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 credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from (name of original creditor) and (name of 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.

 

Yours faithfully

[Brassed off]

Rory - you're a star.

 

Thanks for replying. Have had to take tomorrow afternoon off just to sort out this. Have taken my letter from info supplied from National Debtline, but will adapt it to yours! Must admit, am a bit of a softie as have given CQ loads to go on by being honest. Felt awful tonight as the guy who rang me hasn't been as bad as the rest! Have spoken to him before. However, thinking back, the nice ones are only nice as they are trying to extract personal info from you. Always thought I was an honest person - still am. But after the info on this website - and now I know my rights, they can take a running jump (northern saying!!!!!!)

[rory32]

Glad to be of help. If they keep phoning you please report them - you don't have to put up with it.

 

they can take a running jump (northern saying!!!!!!)

Don't p*ss in my pocket and tell me it's raining (Scottish saying)

[Brassed off]

Let you into a secret - my entire family are from Glasgow - I'm the only Brit!!!!!!

[Brassed off]

Posted CCA today. Can track with special delivery and also, Post Office gave address to write to find out if the Postal Orders have been cashed. Is it 12 working days after delivery to wait to see whether they can produce CCA?

[rory32]

Is it 12 working days after delivery to wait to see whether they can produce CCA?

After 12 working days they are in default. You can withhold any payment until they produce a copy of the agreement.

After a further 30 calender days of not producing the agreement they commit a summary criminal offence. You can report them to Trading Standards for this if you wish.

[ODC]

Glad to be of help. If they keep phoning you please report them - you don't have to put up with it.

 

 

Don't p*ss in my pocket and tell me it's raining (Scottish saying)

Exactly what part of F*** Off do you not understand (ODC saying to all DCA's)

[Brassed off]

Cheers Rory. So if they don't reply within 12 days, I can report them. Have been reading some threads on the site. What is it about 28 days after the 12 days after submitting CCA request? what do I do then?

[rory32]

After 12 working days then 30 calender days you can report them.

The 28 days is a red herring - ignore it.