Capquest

[Chrisjbc]

Just a question,

Capquest are well out of all time on a CCA and have had the formal recorded delivery letter to this effect.

I have just received a letter from one Michael Daniels, making me a wonderful offer as I am about to be legaled.

 

Advice please, ignore, or send a copy of my formal letter of dismissal?

[ScarletPimpernel]

Now they have got in touch, I'd write and tell them to feck off.

[Curlyben]

Was this the one where they offer to match your payments and reduce your overall debt ??

 

Yep been there got one of them.

 

SO time for action.

send em this to the address mentioned and you'll get some action.

 

Ms J Simms

Q&A Officer

CapQuest

Fleet 27

Rye Close

Fleet

Hants

GU51 2QQ

 

Dear Sir/Madam

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to my letter of XX/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[Chrisjbc]

The latest stunt, after the wonderful letter from Daniels came two days later, a letter warning that as no contact made etc, this was moving to the pre litigation stage, and immediately after a trial baliffs would be despatched to sieze goods.

Well, they had a CCA request, sent recorded and received ( proof of service), they defaulted on the 12 +2+ 30 and have had a recorded letter (received) to this effect ( as the helpful template) I have just sent them a copy of this letter, and told them that I am now making a formal complaint to TS Winchester for offences under the CCA, Administration of Justice Act, etc

 

I expect they will still drone on, perhaps some remedial reading classes for Fleet are in order? Anything else I should do at the moment?

[Chrisjbc]

TS are very interested, and are having a pop

Plus several veryhelpful observations on various bits of law AJustice s40 and contacts to make observations to

The thot plickens !

[Curlyben]

Nice one Chris, I'm watching closely.

[Brassed off]

You're not the only one CB

[pauluk08]

I have been hassled by these also - I am new - so am following also!

Good luck as these companies need to be stood up to.

[BrandiBroke]

I have been hassled by these also - I am new - so am following also!

Good luck as these companies need to be stood up to.

 

Same here, they are the reason I found this great site. Capquest are trying to get me to pay an old catalogue balance that I actually paid off years ago. When I'm all done with them I'll also be complaining to their local TS so I'll be following your progress very closely Chris. Good luck, these people need to be taught they are not above the law

[ananya]

I, too, have dealings with CapQuest and have sent 2 CCA requests for the 2 alleged debts.

 

TS have also been very interested in the ins and outs of things, shall we say and I'll be letting them know of any new developments.

 

Good luck

[Chrisjbc]

I really depair, CQ is a shining example of the slovenly standards of eduction these days, they just cant read and understand the English Language. Maybe I have been too formal, have sent now the you are out of time and in complete default letter 3 times now, all by RD and received.

 

They say they sent the copy agreement on two occassions last year, nothing else mentioned, and if it was that important, well a traceable method would seem appropriate. I doubt the accuracy of this letter !

 

Now the telephone calls have started again, despite "only in writing"

 

they dont get answered though, Perhaps a direct, blunt "Foxtrot Oscar to them in either writing or over the phone is the answer?

 

Trading Standards have not communicated further as yet

[Chrisjbc]

Today, a recorded delivery letter with --- a photocopy of an application form and a pay up letter

 

Only 3 months out of time

 

Have told them that the matter is unenfoceable as they completely defaulted, and have committed an offence

 

See what happens next then

[Chrisjbc]

Hopefully to confirm my thoughts

 

1. Sent a CCA section 78 letter last October. No reply after 12 +2+30 (sent recorded) except "investigating, requesting documents and on hold"

 

After the 30 day period ( and some sent default letter No response

 

Received a snotty pay up letter, sent further copy of default letter

 

This proceedure again.

 

Now, received in February 2008, copy of application form, and assignment letters

 

They say that copy of "agreement" was sent in early Nov and Dec 2007, but not received (honest!)

 

I take it that they are well and truly in default and unable to do any further?

 

I have reported the breach with copies etc to TS