Natwest S.A.R.

[xxorlsxx]

as a new victim of capquest i would love some advice on dealing with these horrible individuals. firstly can anyone tell me what a "prove it" letter

is and where i can see one?

I am in the process of writing to these leeches and have heard that they are required by law to send you all the details of the debt plus charges and a "notice of assignment" letter, is this correct?

is it also true that if they cant or wont supply these details they have no legal right to pursue any debt from you?

lastly, is it worth contacting the bank to who i owe the money to to find out if i can make a deal?

the bank could not notify me that they passed the debt on as i had

"done a runner" any ideas?

p.s i think this site is really helpful and its great to know that there are people out there willing to take time out to help eachother.....rock on.

[Curlyben]

This will be the one your after for starters:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

What you are refering to is a CCA request which has legal timelimits.

 

More background on this issue would be useful.

[xxorlsxx]

cheers curlyben thanks for the info and so quick too!

[xxorlsxx]

thanks for the help ive already recieved from everyone. my debt has supposedly been passed on to capquest by nat west, ive admitted the debt but only over the phone, is it true that in order to collect this debt they have to by law send me the original debt details and the notice of assignment?

would it be worth contacting nat west to see if i can deal with them instead of capquest?

any advice would be great.

[sequenci]

Hello there

 

I'll get this post moved to the debt forum as you'll recieve more help there!

[ukaviator]

Thread Moved

 

Have a read here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

 

I would get the CCA done ASAP. Then ask for all of your statements and claim back all of the charges they have applied to the account.

 

Have a look at the info / guide here:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=3

[xxorlsxx]

Hi folks,

i had an account with nat west and after getting into debt they have

closed my account and passed my debt on to capquest, can i still claim

the charges back?

[Castlebest]

yep

 

you will get more help in the nat west forum though, I will put a flag up and get your thread moved.

 

pete

[xxorlsxx]

cheers..

[ukaviator]

Yes, you can still claim the charges back. Have a look here for the S.A.R. (Subject Access Request) letter:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

How long ago was the account closed?

[xxorlsxx]

hi everyone,

am getting some great advice from you guys hopefully this will continue....wrote to crapquest in nov (07) for the cca and they replied back with the old your account is on hold for 28 days etc, just got a letter from them 23 dec about the same account saying that they have just sent for my details from nat west but it looks like they have added £20 on top of the debt. the one month deadline from the date of my original letter is just about up so they cant have the cca and are trying a fast one. When the one month is up should i write to them stating that they have commited a criminal act and what about this £20 quid the EDIT have added on?

[Curlyben]

Bear in mind that the CCA deadlines are;

12+2 working days

then a further calender MONTH.

 

Now until they comply with your request there is NOTHING to say to them.

They may threaten all sorts, including a dubious latter from HL Legal concern court action, but without the CCA they are stuffed.

 

Once the time limits have expired AND they continue to demand payment, then a report to Trading Standards would be in order as they are chasing an unsubstantiated debt.

[xxorlsxx]

cheers curlyben, what about the fact that they are trying for another 28 days after their original 28 day period is up and they have put £20 on top? When the oiginal is up (which is about a week from now) they have commited a criminal act is that right? cheers xxorlsxx.

[Curlyben]

They can put what ever charges they want, but without the CCA they are stuffed

[xxorlsxx]

Hi all,

ive been waiting for capquest to send me the cca and its now over the 42 days limit, should i write to the and say that they have now acted illegally and report them to the relevent authorities? If so wich part of the consumer credit act have they broken?

Any advise would be great, cheers xxorlsxx.

[Justforfun]

bump

[nicsussex]

Perhaps you would get more response if you posted this on your original thread in General Debt Forum rather than in the Bear Garden?

[Guest wino]

bump

 

Can someone tell me what 'bump' means? I've seen it a lot on different threads but can't work it out

[Mr Blue Sky]

Bump Up My Post

 

It will take your post to the top of the forum just by typing one word!!

[Mr Blue Sky]

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31476-glossary-abbreviations.html?garpg=3

 

Or Bring

[Justforfun]

could a mod move this to the dca section please:D

[ukaviator]

Thread moved for more assistance.

[xxorlsxx]

Dear ukaviator, can you please tell me where the thread has been moved to please? cheers.

[xxorlsxx]

Hi all,

Im getting some great advice from you all thanks! Anyway, Capquest have gone past the 42 days allowed to send me the cca so im wondering if i should write to them and tell them that i will be making a complaint to the relevant authorities if they demand further payment without the cca?

Any ideas? cheers, xxorlsxx.

[Curlyben]

Have they even acknowledged the CCA ??

Have you had any further demands for payment without it ?