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Old 24th September 2008, 18:29   #41 (permalink)
citizenB
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Default Re: New Here. Need Help with Cap Quest

I will have a look for a suitable letter for you.
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Old 24th September 2008, 18:44   #42 (permalink)
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Default Re: New Here. Need Help with Cap Quest

Here you go, I found this one on Help48's thread, it appears to be doing the rounds.. Provided by car2403 for Magda, who has passed it on etc, If you want to hold fire for a couple of hours then I will look and see if there is anything else for you... However, if I dont feed OH.. he will leave home......hmmm now there's a thought

Help48xxx v. MBNA




Dear Sirs,

ACCOUNT IN DISPUTE


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
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Old 24th September 2008, 20:34   #43 (permalink)
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Default Re: New Here. Need Help with Cap Quest

Post 51 in the link below was provided by 42man.

Robinson way about to appear
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Old 24th September 2008, 22:30   #44 (permalink)
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Default Re: New Here. Need Help with Cap Quest

As ever, you're an absolute star Thank you again.

I knew I'd seen letters like that somewhere before, but I guess because of my recent focus on Cap1 only threads I couldn't put my finger on them again. I will edit to suit and send tomorrow. Just one more question - should it be sent to CQ or direct to Cap1?

CQ have now written back to me with this:



Stapled to the back of it was the same 5444 application form that Cap1 sent me previously - and nothing else.

Not only that, they've started trying to call me again - twice on my mobile, twice on my work number and once this evening at home.

Last edited by Mockenrue; 24th September 2008 at 22:33. Reason: spelling
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Old 25th September 2008, 09:48   #45 (permalink)
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Default Re: New Here. Need Help with Cap Quest

Who sent you the documents, did they come via Capital 1 or CapQuest?

If from Cap1. Send the original to them with a copy to CapQuest with a covering note. Along the lines of Thank you for your letter of blah blah. Having taken advice, I find the document sent to me were not compliant. Please find enclosed my reply to Capital 1.

If from CapQUest.. then send them the original and copy in Capital 1 in the same manner.

Dont forget to put "Account in Dispute" on these and any future letters you send to them.

Last edited by citizenB; 25th September 2008 at 10:26. Reason: Spelt a word wrong, the incorrect spelling was rude :(
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Old 25th September 2008, 10:20   #46 (permalink)
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Default Re: New Here. Need Help with Cap Quest

The documents I posted up in post #29 came directly from Cap1. All CapQuest have sent me is the above letter (post #44) with a copy of the 5444 application form (which was included in the docs Cap1 sent me) stapled to the back and nothing else.

Letters going off straight away. Thanks once again for your continued help.
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Old 25th September 2008, 10:29   #47 (permalink)
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Default Re: New Here. Need Help with Cap Quest

If you havent typed up your letters already, have a look at post 29 by castlebest in the following link. There could be something you can incorporate into your letters to make them more forceful.

Paragon Finance - Enough is Enough!!!
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Old 25th September 2008, 14:07   #48 (permalink)
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Default Re: New Here. Need Help with Cap Quest

Thank you.
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Old 9th October 2008, 00:46   #49 (permalink)
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Default Re: New Here. Need Help with Cap Quest

*Update*

Right, I've received replies to my letters to Cap1 and Cap Quest. To recap, shortly after my last post in this thread I sent the non-compliance letter to Cap1, and a copy if it with a covering letter to CQ. CQ also got the phone harassment letter and the calls duly stopped. Last week, I received this acknowledgement to the phone harassment letter:




Shortly afterwards I received (on the same day) these replies from CQ and Cap1 in response to my non-compliance letter:





Finally, I now have this from CQ - again in response to my harassment letter (although the mention of the prescribed terms in the sixth paragraph suggests that it may also be referring to the non-compliance letter):



I'm concerned about the fact that they've mentioned my written and verbal correspondence from July and August, which took place prior to my discovering CAG and learning what I know now and realising my rights. I was right in the midst of my panic-stricken 'say anything to get them off my back' phase, and as you can see from the fourth and fifth paragraphs I called them and made a token payment - actions which, with the benefit of hindsight, were mistakes. I knew no better at the time but this has now come back to haunt me and I fear that they've now got me on the back foot a bit with this one.

Would the experts out there care to have a look at these letters and suggest what course of action I should take next and how I should go about composing appropriate replies (if any)? With the exception of the last one, these letters would all seem to be pretty standard replies from what I've seen on other threads. All assistance is, as always, greatly appreciated.

Last edited by Mockenrue; 9th October 2008 at 00:52. Reason: spelling
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Old 9th October 2008, 01:00   #50 (permalink)
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Default Re: New Here. Need Help with Cap Quest

I forgot to mention that the 'copy of my agreement' mentioned in the above letter is merely another photocopy of the 5444 application form provided by Cap1 previously and shown in post #29 here. Cap Quest have now sent me this twice.
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Old 16th October 2008, 16:26   #51 (permalink)
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Default Re: New Here. Need Help with Cap Quest

Hi M, thought you might be interested in this thread

Capquest-dont Let Them Get Away With It.

Not much on here to help at the moment, but this is my Cap1 thread

Just Realised Cap 1 Agreement.. Isnt !!

As I know you were a little concerned about this crew, here is another link that might be of interest.. which also contains even more links

CapQuest SD - i want to end this once and for all! - The Consumer Forums

Last edited by citizenB; 16th October 2008 at 17:08.
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Old 18th October 2008, 23:19   #52 (permalink)
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Default Re: New Here. Need Help with Cap Quest

Thank you once again!
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Old 2nd December 2008, 20:11   #53 (permalink)
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Exclamation They've given up!!!

**Update**

Well, after weeks of silence it looks like Cap Quest have thrown in the towel! Cap1 have now written to me to say that my account is "no longer being managed by the Debt Collection Agency who were acting on behalf of Capital One."

It then goes on to say that the account has now been returned to Cap1 and that I should continue(!) to make payments directly to them.

Other than what I've already mentioned above, I've received nothing else in respect of my CCA request.

Whatever happens next I hope this will offer some encouragement to anyone reading who has found their way here after being hassled by these creeps, as indeed I did. Stand up to them - it does work!!
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Old 2nd December 2008, 20:17   #54 (permalink)
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Default Re: They've given up!!!

Quote:
Originally Posted by Mockenrue View Post
**Update**

Well, after weeks of silence it looks like Cap Quest have thrown in the towel! Cap1 have now written to me to say that my account is "no longer being managed by the Debt Collection Agency who were acting on behalf of Capital One."

It then goes on to say that the account has now been returned to Cap1 and that I should continue(!) to make payments directly to them.

Other than what I've already mentioned above, I've received nothing else in respect of my CCA request.

Whatever happens next I hope this will offer some encouragement to anyone reading who has found their way here after being hassled by these creeps, as indeed I did. Stand up to them - it does work!!
Well done Mockenrue - it just shows what you can do with a bit of help from your friends. Knowledge is power! That probably won't be then end of it - you get some other pond life after you now, but at least you know how to see them off.

Regards.

Fred
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Old 2nd December 2008, 22:46   #55 (permalink)
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Default Re: New Here. Need Help with Cap Quest

Yes, well done Mockenrue. Your first conquest, a good feeling isnt it
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