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I recently received confirmation of a telephone conversation with Capquest DCA confirming direct debit payments.
At the beginning of the letter it was clearly marked power of attorney:Royal Bank of Scotland Plc.
As I have never applied for any form of power of attorney or seen a solicitor/signed any such papers then this is surely a gross misrepresentation. Who would I seek redress from? Would I be right in thinking I needed to advise the Information Commissioner as data Capquest has is clearly wrong. Do I just complain directly to Capquest?
Is this a normal scaremongering technique they use. Today I also received a letter threatening court action as I had not honoured this months dd payment (cancelled due to disputing the account and a cca has been sent to them), and they had added £150 extra in "solicitors" fees. They have their own in house litigation team. Would I be within my rights to report them due to these techniques. Who is responsible for governance of the credit licence.
A power of attorney is usually commenced at the request of the individual who is likely to become incapacitated and unable to deal with their financial affairs. Eg. A person with a deteriorating condition such as dementia type illness.
The POA then controls all affairs and this requires a signature and application. Even if RBOS were holding POA I would have known something about it.
I know what a power of attorney is just not in the context of your case. POA can also be done prior to incapacitation, POA with court of Protection is when they are unable to run their financial affairs.
I requested a copy of the CCA. They have been unable to provide this and within my letter I asked for clarification regarding the power of attorney they have ignored this point.
They advise me that they are referring the account back to the RBS.
How do I proceed now? Should I demand the payments back which I have already made to them.
Who do I report them to for processing my data without the agreement and holding false information about me relating to the power of attorney.
Have you been reading the threads in the 'general debt' section of the forum? If not then you should as there are lots of CCA request claims in there (2 are mine). You need to start a thread up in there but give more details, i.e., when you sent the CCA etc.
Have just spoken to someone who states that there was an incorrect trace and that they will refund my money after she has passed it to another department. I won't hold my breath!!
Power of Attorney(misrepresentatio n)
confirming direct debit
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