First of all don't panic.....I too am dealing with Capquest as they are acting on behalf of Capital One for my old credit card debt......

These people will try to harass, scare and bully you into paying more than you can afford or for a debt that is unenforceable.

Try if you can to stay calm, post your cca minus your personal details and someone will be along shortly to take a look and give advice on next steps.

This site has been a great help to me in my situation and I feel confident enough with the knowledge I have gained from this site to tackle these morons either on the phone or with replies to their computer generated letters

Good luck

Great news.....keep it safe like other caggers said just in case they send any other pondlife a hunting for some prey ha ha lol !!! :o)

ha ha lol I like the way they use MAY in each sentance.....wouldn't worry too much about this....write back with one of the standard letter templates you can find on here telling them to PROVE IT !!! Good luck

tee hee I think they are a little narked at the fact we all support each other and we are not alone when fighting there morons with their empty threats.

I feel good today

Comments duly noted...I will now await their's or Crap One's response to this.

By they way the email addresses I sent my request to are:-

[email protected] or [email protected]

Capital One email address :- [email protected]

I wrote clearly to PASS ON TO RELEVANT DEPARTMENT on the header !!!

They obviously got it as they wrote straight back !!!! Saves on the postage and recorded delivery option....think I just wanted to test them to see if it would get an email or posted response or no response at all.....must have niggled them though as it wasn't snail mail as usual but next day response

I found an email address for Capquest and sent the letter below earlier this week.

Dear Sir/Madam,

I note that you have replied to the above by sending your companies current Terms and conditions and an illegible consumer credit agreement with a signature that is clearly not mine. I must inform you that this is not sufficient to comply with the request and that your company are now 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 cancellable 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 (signed by me) and would remind you again that whilst the request has not been complied with the default continues.

In either case, please confirm that you have, in your possession, a signed (by myself) credit agreement that is in all ways fully compliant with the Consumer Credit At 1974, as amended, and the subsequent regulations made there under.

For the avoidance of doubt, if you are in possession of such a document, but are unable to supply me with a true copy of it, please outline your reasons why you are unable to supply it to me in your reply.

Further more, I respectfully request that you provide me by return a copy of the credit agreement which bears my true signature and not one with a signature on it that has no resembelance to mine. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Alternatively I can make arrangements to attend your offices as a suitably convenient time for you to view my original signed cca if that is easier.

Obviously if the agreement is improperly executed I would be entitled to ask the Court to consider the agreement and make a declaration of the rights of parties to the agreement. (s.142(1) Consumer Credit Act 1974)

I must stress this part of my request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form signed by me will suffice in these circumstances

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and would ask for a response by 4pm on Wednesday 12th August 2009 otherwise I will presume that you do not hold a signed credit agreement with all prescribed terms and conditions and will consider this matter and the account as closed. Any further correspondance you make will be classed as harassment and reported to the relevant authorities.

Yours faithfully

And today received their response as below:-

I write in response to your email received in CapQuest's office on 10th August 2009 of which your comments have been duly noted.

I appreciate your comments regarding the signature on the copy of agreement supplied and I have raised your concerns with Capital One Bank directly.

I would also like to confirm that in the unlikely event that Capital One Bank are unable to supply the relevant documentation to yourself this does not mean that your debt ceases to exist however it would mean that Capital One Bank are unable to enforce your outstanding debt until such time you were in receipt of the relevant documentation and the default would remain on your credit file.

It would appear that many consumers across the country have read consumer websites that encourage and advise people to request copy agreements and any related documentation in an attempt to delay any collection activity on the account. Most of whom send standard template letters. At no point have you ever supplied or mentioned to CapQuest any dispute directly with Capital One Bank regarding the balance of your account or the fact that the balance is not yours prior to CapQuest's involvement. Nor have you denied that you had an account with Capital One Bank. You have used this card since xxxx 2005 making purchases, receiving statements and maintining payments until June 2008. Therefore please provide any relevant dispute details in order that I may investigate this matter further on your behalf with Capital One Bank.

I can confirmt that your account will remain on hold whilst CapQuest await a response from Capital One Bank.

Should you wish to disucss this matter further please contact me on xxxx xxx xxxx

(Actually signed by a real person!!!)

Ms M McEvoy

What are my next steps to CapQuest anyone please ????? Thanks

Then email them this link

Buchanan clark & wells left anna in tears - Investigations

to the following email address......you will probably hear no more from them !!!! Makes very interesting reading too !!!

Buchanan Clark & Wells email address [email protected]

I have already fought off one DCA this week for an outstanding amount of nearly 200 quid for NPower

They sold the debt firstly to Moorcroft who I told to sling their hook after sending a doorstep collector firstly then the threatening phonecalls next....I CCA'd Moorcroft and they never replied....I then got a letter from Buchanan Clark & Wells so I can only presume the debt was sold on to them !!!....

I found an email address for BCW.....quicker and cheaper !!! Asked them for proof of the debt they were chasing....they sent a couple of threatening emails back to say they had not bought the debt but were acting on behalf of NPower and they would continue to pursue the debt until it was paid in full !!!

I emailed back to say I was going to report them to the OFT and Trading Standards if they continued to harrass and pursue a debt they could not prove was mine and got an email back to say they were no longer going to chas the debt and the account had been closed

Does anyone have an email address for Capquest and Capital One because they are next on my attack list ???

Thanks

Thinking of sending a letter back to them regarding illegibility and asking them could I make an appointment to view the original signed copy and not a computer generated microfiche printed off one....what do you guys think and is there a letter to those words floating about with legalities etc in it ???

Thanks for any help offered in advance

I have not paid anything on the account for about 18 months anyhow :o)

Just keep getting threatograms and phone calls from Capquest with regard to this !!!!

Think I will send them a letter saying that until they send me an agreement with MY SIGNATURE on then go swivel !!!

Anybody any ideas as to whether the agreement is enforceable signed or not as it is so illegible I have no idea what it actually says :idea:

They want me to send some documentation i.e. passport/driving licence with my signature on and are saying do I think it could have been opened fraudulantly !!!! The account clearly was mine, however the signature on the illegible credit agreement isn't mine........just need to know based on these grounds is the agreement enforceable as it is illegible and what my next move need be....which letter goes next ???

Thanks again

Thanks

I did write back to Capquest to say that signature was not mine see attached Capquest letter !!!!

Will write an account in dispute letter to both Capquest and Capital One suffice on the grounds that the agreement is illegibale with someone elses signature ???

Can anyone help me and tell me if they think the attached agreement is enforceable ???

It is as clear or unclear as it looks in the picture.....it is virtually illegible with a signature that is not actually mine !!!

Pictures by strongbowhead - Photobucket

Any help much appreciated.

Thanks

thanks will do

Anyone out there willing to take a look and help me with what to do next ???

Thanks

Yep looking back think I did get one of these letters months ago !!!

And it they have issued one of those letters what does that mean to me ??

Not had one of those as far as I can remember but may have and shredded it when I was hiding my head in the sand so to speak !!!

Is there any way of finding out if I had one or not or if not what is the way forward for me now ???

Thanks

What is a letter of assignment ??? Is that to say it was sold to them ??

Sorry guys just uploading the files to photobucket....how do I get them on here so you guys can actually read them ???

Ah think I managed it any help would be much apprecaited as to next move on these cretins :O)

http://s741.photobucket.com/albums/xx56/strongbowhead/

Thanks

I wrote to Capquest and Capital One to request a CCA and they sent me (3 times) the attached along with copy statements of account.

This account was defaulted by Capital One late last year for non payment. Capital One also sent me a letter.

Just wanted anyones expert advise at to what to do next with Capquest and Capital One and what do you think about the illegible credit agreement that claims to have a signature on it that ain't mine :-? ?!?!?

Thanks everyone

Received a letter from Crap One today saying the following.....

Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.

As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, we've provided you with a copy of your original agreement, and if any terms hae been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.

I must politely refer you to the key financial information section on your credit agreement provided to you. You will see these specifically provide details of the

A) Credit limit,

B) interest rates

c) monthly payments

Set out as required by the prescribed terms.

In your letter you request that we confirm a number of points to you. I would like to address the points you have raised individually.

We do not accept that your ageement in unenforceable. You clearly hae had a valid and enforceable credit agreement with Capital One, as evidenced by the documents we have already provided and any claim to the contrary will be strongly defended.

We will not be writing off the outstanding balance on the account as we do not consider the account to be in dispute. As we have fulfilled on what you have already requested, we will continue to pursue the outstanding balance.

We will also not be refunding all the payments, interest and sums that have been added to your account as your account balance consists of transactions that you have made.

We will not be paying your costs, as we have fully complied with your request.

The information we have recorded with the credit reference agencies is an accurate reflection of the way you hae managed your account and we will not be asking the credit reference agencies to remove this information.

Your account status remains behind with payments/overlimit and defaulted, the balance currently due and payable is XXXXXX

It is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you not have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I hae included with this letter.

Your sincerely

Ellie Renshaw

What next ???? Shall I still send the above letter to them ??? any help much appreciated from fellow caggers

Received a letter from Crap One today saying the following.....

Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.

As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, we've provided you with a copy of your original agreement, and if any terms hae been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.

I must politely refer you to the key financial information section on your credit agreement provided to you. You will see these specifically provide details of the

A) Credit limit,

B) interest rates

c) monthly payments

Set out as required by the prescribed terms.

In your letter you request that we confirm a number of points to you. I would like to address the points you have raised individually.

We do not accept that your ageement in unenforceable. You clearly hae had a valid and enforceable credit agreement with Capital One, as evidenced by the documents we have already provided and any claim to the contrary will be strongly defended.

We will not be writing off the outstanding balance on the account as we do not consider the account to be in dispute. As we have fulfilled on what you have already requested, we will continue to pursue the outstanding balance.

We will also not be refunding all the payments, interest and sums that have been added to your account as your account balance consists of transactions that you have made.

We will not be paying your costs, as we have fully complied with your request.

The information we have recorded with the credit reference agencies is an accurate reflection of the way you hae managed your account and we will not be asking the credit reference agencies to remove this information.

Your account status remains behind with payments/overlimit and defaulted, the balance currently due and payable is XXXXXX

It is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you not have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I hae included with this letter.

Your sincerely

Ellie Renshaw

What next ???? Shall I still send the above letter to them ??? any help much appreciated from fellow caggers

Received a letter from Crap One today saying the following.....

Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.

As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, we've provided you with a copy of your original agreement, and if any terms hae been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.

I must politely refer you to the key financial information section on your credit agreement provided to you. You will see these specifically provide details of the

A) Credit limit,

B) interest rates

c) monthly payments

Set out as required by the prescribed terms.

In your letter you request that we confirm a number of points to you. I would like to address the points you have raised individually.

We do not accept that your ageement in unenforceable. You clearly hae had a valid and enforceable credit agreement with Capital One, as evidenced by the documents we have already provided and any claim to the contrary will be strongly defended.

We will not be writing off the outstanding balance on the account as we do not consider the account to be in dispute. As we have fulfilled on what you have already requested, we will continue to pursue the outstanding balance.

We will also not be refunding all the payments, interest and sums that have been added to your account as your account balance consists of transactions that you have made.

We will not be paying your costs, as we have fully complied with your request.

The information we have recorded with the credit reference agencies is an accurate reflection of the way you hae managed your account and we will not be asking the credit reference agencies to remove this information.

Your account status remains behind with payments/overlimit and defaulted, the balance currently due and payable is XXXXXX

It is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you not have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I hae included with this letter.

Your sincerely

Ellie Renshaw

What next ???? Shall I still send the above letter to them ??? any help much appreciated from fellow caggers

Received a letter from Crap One today saying the following.....

Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.

As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, we've provided you with a copy of your original agreement, and if any terms hae been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.

I must politely refer you to the key financial information section on your credit agreement provided to you. You will see these specifically provide details of the

A) Credit limit,

B) interest rates

c) monthly payments

Set out as required by the prescribed terms.

In your letter you request that we confirm a number of points to you. I would like to address the points you have raised individually.

We do not accept that your ageement in unenforceable. You clearly hae had a valid and enforceable credit agreement with Capital One, as evidenced by the documents we have already provided and any claim to the contrary will be strongly defended.

We will not be writing off the outstanding balance on the account as we do not consider the account to be in dispute. As we have fulfilled on what you have already requested, we will continue to pursue the outstanding balance.

We will also not be refunding all the payments, interest and sums that have been added to your account as your account balance consists of transactions that you have made.

We will not be paying your costs, as we have fully complied with your request.

The information we have recorded with the credit reference agencies is an accurate reflection of the way you hae managed your account and we will not be asking the credit reference agencies to remove this information.

Your account status remains behind with payments/overlimit and defaulted, the balance currently due and payable is XXXXXX

It is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you not have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I hae included with this letter.

Your sincerely

Ellie Renshaw

What next ???? Shall I still send the above letter to them ??? any help much appreciated from fellow caggers

Received a letter from Crap One today saying the following.....

Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.

As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, we've provided you with a copy of your original agreement, and if any terms hae been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.

I must politely refer you to the key financial information section on your credit agreement provided to you. You will see these specifically provide details of the

A) Credit limit,

B) interest rates

c) monthly payments

Set out as required by the prescribed terms.

In your letter you request that we confirm a number of points to you. I would like to address the points you have raised individually.

We do not accept that your ageement in unenforceable. You clearly hae had a valid and enforceable credit agreement with Capital One, as evidenced by the documents we have already provided and any claim to the contrary will be strongly defended.

We will not be writing off the outstanding balance on the account as we do not consider the account to be in dispute. As we have fulfilled on what you have already requested, we will continue to pursue the outstanding balance.

We will also not be refunding all the payments, interest and sums that have been added to your account as your account balance consists of transactions that you have made.

We will not be paying your costs, as we have fully complied with your request.

The information we have recorded with the credit reference agencies is an accurate reflection of the way you hae managed your account and we will not be asking the credit reference agencies to remove this information.

Your account status remains behind with payments/overlimit and defaulted, the balance currently due and payable is XXXXXX

It is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

We will continue to pursue the outstanding debt and will defend any application you may wish to bring against us.

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you not have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I hae included with this letter.

Your sincerely

Ellie Renshaw

What next ???? Shall I still send the above letter to them ??? any help much appreciated from fellow caggers