It has come to CAGs attention in recent weeks that Capquest have consistently been sending out demands for payment of accounts that are time barred.Sending Stat Demands,Threats of Bankruptcy proceedings,and such like,which have little or no chance of being enforced by the Courts.In some instances Capquest has failed to turn up for hearings after claimants have fought back.
They have also breached requests under the CCA in failing to properly comply to requests for copy documents.
It is important that anyone receiving such demands ,are aware of their rights and protection under consumer legislation.
Here you can rely on the Consumer credit act 1974 as ammended.
2003 OFT final guidance on debt collection.
http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf
Admistration of Justices Act (in the case of continual nuisance phone calls)
Additional protection against this is afforded in the 2008 regs..
2008 regulations on consumer protection..Here are some good points to look at;
http://www.oft.gov.uk/shared_oft/bus...gs/oft1008.pdf
Failing to honour commitments made in a code
of conduct
7.11 The third category of commercial practices prohibited as
misleading actions is that where:
• the trader has undertaken to be bound by a code of
conduct (or code of practice), and indicates that he
is bound by it in the commercial practice,
and
• the trader fails to comply with a firm and verifiable
commitment in that code,
and
• the average consumer takes, or is likely to take,
a different decision as a result
Harassment, coersion and Undue influence
8.3 Harassment and coersion are not expressly defined in the
CPRs but include both physical and non-physical, (including
psychological) pressure.
8.4 Undue influence is defined in regulation 7(3)(b) of the CPRs as:
‘exploiting a position of power in relation to the consumer
so as to apply pressure, even without using or threatening
to use physical force, in a way which significantly limits the
consumer’s ability to make an informed decision’.
AGGRESSIVE COMERCIAL PRACTICES (REGULATION 7) | part 2 | 43
Possible aggressive practices
A debt collector29 pressurises existing borrowers/debtors
to repay a debt, for example, by contacting debtors at
unreasonable times (such as late at night) or at unreasonable
locations (such as at work when they have been requested
not to). This could amount to harassment, coercion or
undue influence. (Timing, persistence, nature and location,
exploitation of circumstances – this might amount to
exploitation of the imbalance of power between the creditor
and debtor, as well as of the specific circumstances of the
debtor)
A debt collector threatens consumers with recovery of
money by bailiffs for unenforceable debts.30 This could
amount to harassment, coercion or undue influence.
(Exploitation of circumstances and threat to take action
which cannot legally be taken)
10.4 Professional diligence is defined (in Regulation 2) as:
‘the standard of special skill and care which a trader may
reasonably be expected to exercise towards consumers
which is commensurate with either — (a) honest market
practice in the trader’s field of activity, or (b) the general
principle of good faith in the trader’s field of activity’.
The Regulatory bodies are there to enforce the law and are there for YOU.
In any instances that warrant action you should not think twice about filing complaints.
The home trading standards for Capquest is;
Gareth Cameron
Regulatory Enforcement
Trading Standards
Mottisfont Court,
High Street,
WINCHESTER
SO23 8ZE
REPORT THEM YOU HAVE EVERY RIGHT TO DO SO AND SHOULD DO.
Challenge their worthiness to hold a consumer credit licence-the OFT can revoke it.
Licence number 0611493 frequently asked questions, introduction
0475757
Complain to the Office of Fair Trading The Office of Fair Trading: making markets work well for consumers
The Consumer Credit Act 2006 requires the OFT to take into account 'credit competence' when assessing the fitness of new applicants to be licensed. Businesses operating in a high risk part of the market such as the debt collection sector are now subject to greater scrutiny at the licence application stage and greater monitoring throughout the life of the licence. A failure to comply with the OFT's debt collection guidance, issued in July 2003, would call into question a licensee's fitness. Unfair business practices outlined in the guidance include: failing to investigate disputed debts, pursuing third parties for payment when they are not liable, communication with consumers in a misleading or deceitful manner, and behaving in a threatening manner towards debtors and bypassing or refusing to deal with third party representatives. Since the OFT's debt collection guidance was issued in 2003, action taken by the OFT has resulted in the issue of nine notices to debt collectors that the OFT was minded to refuse or revoke their credit licences and a total of 137 warning and advisory letters have been sent to 120 licensees.
CONSUMER PROTECTION ONLY WORKS-WHEN THE REGULATORS ARE MADE AWARE OF THOSE WHO ARE ABUSING THEIR POSITIONS.
Here is a suggested letter to send-add or remove info that applies.Keep a copy and send recorded delivery. Thanks to Steven site team for this.
Capquest Debt Recovery Ltd
Fleet 27
Rye Close
Fleet
Hampshire
GU51 2QQ
Attn. (whoevers name appears on your letter)
I acknowledge no debt to your company
Dear
RE: Your Ref xxxxxx
Since receiving your letter of ........I have visited The Consumer Action Group website. It is now clear to me, that your action is illegal and that CapQuest is well known for this type of behaviour.
Your claim relates to an account I had with...... in ........./ I have no knowledge of the account that you referre to/ and even if it was the case /my understanding is that it is therefore time barred under s5 of the Limitations Act 1980 – “an action founded on simple contract shall not be brought after the expiration of six years from the date on which cause of action accrued”. Your approach to me a few months ago for payment of this alleged debt is therefore unlawful under the Limitations Act and contrary to the OFT Guidelines on Debt Collection and the Consumer Protection from Unfair Trading Regulations 2008. You took advantage of my ignorance of the law and my fear of getting into trouble to bully me into making a payment I was not required to make because of the 1980 Limitations Act. Far from a court seeing my arrangement as an acknowledgement of the alleged debt, they are more likely to see it as a contravention of consumer legislation on CapQuest’s part – I shall certainly make a strong case to that effect if you pursue this claim in court.
Furthermore, you claim to have the alleged debt assigned to you by ....... If that is the case, my understanding is that I should have been sent by registered post a Notice of Assignment under ss136 and 196 of the Law of Property Act 1925. No such notice was sent to me. This in itself means you have no right to collect the alleged debt.
You statutory demand is a blatant attempt to frighten me by use of threatened legal proceedings to pay money you are not entitled to. This also is contrary to the OFT Guidelines on Debt Collection and the Consumer Protection from Unfair Trading Regulations 2008.
I am therefore making a formal complaint about CapQuest to the FOS and to the OFT via Trading Standards in Winchester, who I believe are gathering evidence about CapQuest’s unfair and unlawful activities.
Please note that I will only communicate regarding this matter in writing. Should you contact me by telephone, I will keep a record of calls and may bring a criminal prosecution against any agent who contacts me together with the senior manager I consider responsible under ss1 and 2 of the Protection from Harassment Act 1997, s40 of the Administration of Justice Act 1970 and s127 of the Communications Act 2003. I also reserve the right to pursue civil remedy through the courts under s3 of the Protection from Harassment Act 1997 and via OFCOM.
Should you consider sending an agent to visit me at my home, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.
I trust this makes my position clear.
Yours Sincerely/Faithfully
SO MAKE SURE THAT YOU REPORT THEM DONT JUST SIT IN SILENCE
Here is a suggested letter to send to Trading standards.Add or delete info that applies to you.You can of course create your own.
*********This is for complainants in the Hampshire area only**********
Gareth Cameron
Regulatory Enforcement
Trading Standards
Mottisfont Court
High Street
Winchester
S023 8ZE
Date any reference number.
Dear Mr.Cameron,
As a consumer(s)/Individual(s) I / We wish to bring a matter to your attention,which has given me/us and my/our family undue distress,and anguish.
It concerns a company who I/We understand have their operations in your area called "CapQuest"
(GIVE DETAILS OF LETTERS/CALLS THEY HAVE SENT YOU-WITH DATES TIMES ETC)
My/Our understanding is that CapQuest are in breach of consumer law and Office of Fair Trading guidance on debt collection.
Specifically,(Give details of their threats/intended action etc-use consumer/OFT refs)
Add further info as appropriate ie;
I/We made a request under the consumer credit act for documentation which they have failed to provide...
This debt/alleged debt has already been placed into dispute status on.........
I /We have no recollection nor do I acknowledge the alleged debt to me/us and have informed them........
They have continually refused to comply with requests to stop calling me...................
They have instituted County Court proceedings against me/us,without sending me documents that I was entitled to recieve.
They instituted Count Court action for..............but failed to even attend the hearing
Other.................... ......................... ......................... .....
I/We enclose copies of communications from them,and will be happy to give additional information should you require.
I/We look forward to your reply,together with any appropriate advice that you feel able to offer.
If it is the case that you cannot deal personally with my request,then I would ask that you kindly forward it to the relevant department at Consumer direct,since you are mindful given the nature of my complaint,to be in a better position to do so than I.
Additionally this will ensure that my complaint is dealt with speedily,and without having to begin another level of complaint.
Yours Sincerely
XXXXXXXXXXXXXXX
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Permission to deal with on my behalf,matters relating to my complaint herein. Data Protection act 1980
I/We give/ my/our consent for the Winchester Trading Standards officers, to disclose details of my complaint concerning the above trader, including my name and address details, in any further action that it may take under the Act or under any other legislation administered by the regulatory bodies within consumer law.
I also confirm that I have no objections to Winchester Trading standards officers using the information provided by me in the performance of any of its functions and disclosing that information to others where legally permissible. By way of example, Winchester Trading Standards office, may disclose such information in connection with enforcement or regulatory action under its own powers or may refer the information to another government department or enforcement authority.
In the event that Winchester Office Of Fair trading feel unable to deal with my complaint,I give both the Office of Fair Trading and/or Consumer Direct my permission as set out above.
Signed: …………………………………………………… …………… ……………………
Print name: …………………………………………………… …………… ……………..
Address (Please print): …………………………………………………… …………… …
…………………………………………………… …………… ………………….
…………………………………………………… …………… ………………….
…………………………………………………… …………… ………………….
Contact Telephone number;……………………………………………… … …………… ………………….
Date: …………………………………………………… …………… ……………..
For those residing outside the area,there are a number of options open to you.This notice was delivered to CAG which gives more info.
THE FOLLOWING INFORMATION HAS BEEN PROVIDED BY HAMPSHIRE TRADING STANDARDS: When a consumer complains to Consumer Direct (the national consumer service) about a business operating from Hampshire, including Capquest, we are notified of the incident. We monitor all such complaints in order to identify trends, the target resources in the most effective manner. Unfortunately, we are unable to deal with individual complaints levied against Hampshire business unless: (i) the complainant is a resident of Hampshire, or (ii) a referral is received from a trading standards service in whose area the consumer resides with a request that the matter is raised with the business. In order to lodge a complaint against Capquest, consumers should either contact Consumer Direct on [IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/famfamfam/gb.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/arrow.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG]08454 04 05 06[IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif[/IMG] or write to their local trading standards service. Consumers can find the address of their local trading standards service by entering their postcode into the search form at the following website: www.tradingstandards.gov. uk
__________________
Alan, Derby, UK.
_________________________ _________________________ _________________________
Had a telegram from TELOGRAM ?
Consumer Credit Licence-0602325
Teleogram is part of Capquest
listed officers that run this organisation are the same officers who are detailed on Capquests CCA licence- 0475757
(Not to be confused with Telo gram which is run by National Hunter the secret company part of the Experian CRA family )
DONT ALLOW THEM TO CONTINUALLY FLOUT THE REGULATIONS-REPORT THEM.
HL LEGAL.(in association with Sampson & Co)
These are used by Capquest.
If you are the victim of Capquests illegitimate demands through these then Complain to the Law Society about this practice.
Any practice liable or intended to mislead the debtor - whether as to the origin or authority of any document or as to any other material matter is likely to be regarded as deceitful or oppressive or otherwise unfair or improper within the meaning of section 25(2)(d) of the Consumer Credit Act 1974, whether the practice is unlawful or not. The Law Society
113 Chancery Lane
London
WC2A 1PL
CONSUMER LAW IS THERE TO PROTECT YOU-USE IT.
If you have had a letter which says Court action is imminent or that you are being given a final chance to agree payment terms etc-heres a good letter to send.
Pre action protocols are considered a very important part of the process-this gives you an opportunity to request documents that will be essential for determination and also to properly allow you to prepare your case.
Send it off as soon as the other side tell you Court is being considered/actioned.
Their address
date ****NOTICE UNDER CIVIL PROCEDURE RULES***
reference
Dear Sir/Madam,
This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.
Further to you stressing that County Court proceedings will be actioned by yourselves, should I fail to make contact/stressing that proceedings are about to be commenced, in regard to alleged sums outstanding, and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.(Pre action directions)
I put forward that you now have a requirement to provide me with;
1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.
2) All records you hold on me relevant to this case, including but not limited to
1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.
2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.
4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.
9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
10. Copies of statements for the entire duration of the credit agreement.
I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.
I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court.Furthermore, to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..
Specifically this relates to one or any number of the following;
* demand any payment on the account, nor am I obliged to offer any payment to you.
* add any further interest or charges to the account.
* pass/sell the account or outstanding balance to any third party.
* register any information in respect of the account with any of the credit reference agencies.
* issue a default notice related to the account.
Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.
I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.
Yours Faithfully/Sincerely
......................... . (not to be signed) Print name
Dated..........
Add ammend or delete those parts that apply in your case.Send recorded delivery.
Capquest-dont Let Them Get Away With It. 
