Jump to content


  • Tweets

  • Posts

    • Yes, but the process starts here... https://ico.org.uk/make-a-complaint/data-protection-complaints/what-to-expect/ This involves making a complaint to GS first before approaching ICO. However, at the time of the complaint, I beleive we'd advise the complainant to ask for some compensation and take it from there. @FTMDave?? No, I meant this forum, The Consumer Action Group, where you're posting right now.😄 (We're in the slow process of rebranding as The National Consumer Service.)
    • And yes, they state their client is EON and that they can return the debt to EON who can either register a default or take me to court. 
    • Thank you. The npower debt was from 2019/2020 until EON took over the account late 2021.   npower had set a DCA on me even though I owed them nothing. I spoke to a customer service agent, following up by email, who confirmed I was in credit . I made a complaint to head office who sent a barrage of emails, changing the amounts each time. According to them, I owed £279.   The debt grew to what it is now as first npower and then EON subsequently failed to put a payment arrangement and direct debit in place to pay off this supposed sum and my ongoing bills.   I was very ill with Covid, struggling in lockdown with a disabled child and informed them of all this.   EON stopped their legal action when I took them to the ombudsman as this was part of my complaint and requested remedy but I have not received a notice of discontinuance.    I would like to set up my own dd to pay them off but am concerned they could still take legal action. I am on a low income and can’t afford to pay them more than a token amount each month.   
    • Thank you guys! @lookinforinfo thank you for the case, it seem to similar with my case which is gold. @Nicky Boy shouldn't be ICO?   Personal data breaches: a guide ICO.ORG.UK   For CAG I found this  The Confidentiality Advisory Group (CAG) is an independent body which provides expert advice on the use of confidential patient information. This includes providing advice to us, the Health Research Authority (HRA) for research uses. It also provides advice to the Secretary of State for Health for non-research uses.
    • HB - yes I agree it is about their paperwork and advice.  I need to be clear in my head what my complaint is.  And what a result looks like for me? (They should never have placed me with the shark with whom I've had all sorts of issues - but I don't think that's my complaint focus -v-  broker) 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Capquest-dont Let Them Get Away With It.


MARTIN3030
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5239 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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/business_leaflets/consumer_credit/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/business_leaflets/cpregs/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 cb_transparent_l.gifgb.gifspace.gifspace.gifarrow.gifspace.gifspace.gifspace.gifspace.gifspace.gifspace.gifspace.gif08454 04 05 06cb_transparent_r.gif 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.

 

 

 

Edited by MARTIN3030
work in progress/additional info being added.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • Replies 147
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

According to CABOT S40 of the Administration of Justice Act has been repealled

 

Has it ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

According to CABOT S40 of the Administration of Justice Act has been repealled

 

 

NO it's been modified:

 

Administration of Justice Act 1970

13. In section 40 of the Administration of Justice Act 1970(a) (punishment for unlawful

harassment of debtors), after subsection (3) insert—

“(3A) Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.”.

 

They are attempting to hide behind this part of CPUTR.

 

This is what the Act says:

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

1. harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

2. falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

3. falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

4. utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

Paragraph (1) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of:

 

* of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

* of the enforcement of any liability by legal process.

 

It is also provided that a person may be guilty of an offence under paragraph (1) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

 

What Cabot, and others, are saying here is that they can lawfully harass you to pay the debt as it's in a commercial interest.

*Cough*

  • Haha 1

Be VERY careful whose advice you listen too

Link to post
Share on other sites

With all due respect Martin, could you please stop bumping every single Capquest thread just to link to this one as it's making the forum a bit confusing now with threads that are 1-2 months old being listed higher than new threads asking for help.

Link to post
Share on other sites

Will get it checked out.

Well guys I have done some searching this afternoon-in the last 4 weeks there been over 70 Capquest related incidents aired.

There are some pretty serious breaches going on ranging from threats of Bailiff action-sending letters to people who have nothing to do with the alleged debts-many many statute barred....amongst other things.There was one report of a guy having 4 searches done on his credit files and yet with no apparant explanation.

Time to get tough and put a stop to these blatant abuses.

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

With all due respect Martin, could you please stop bumping every single Capquest thread just to link to this one as it's making the forum a bit confusing now with threads that are 1-2 months old being listed higher than new threads asking for help.

 

 

I have sent a link to all the users I could identify as having issues with Capquest.Certainly Its not my intention to bump.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Thank you Martin. I have been dealing with this atrocious company and a SD from them for a debt I actually know nothing about and from 1998 and will now certainly report them to Trading Standards

 

Fortunately, it didn't get as far as an SD with me Vicky but CQ are what brought me to CAG in the first place and I've already made my feelings known to TS ;)

Link to post
Share on other sites

Thanks Martin

 

I have now typed up a letter to

 

Gareth Cameron

Regulatory Enforcement

Trading Standards

Mottisfont Court,

High Street,

WINCHESTER

SO23 8ZE

 

which will be sent out by first class post tomorrow.

Link to post
Share on other sites

With all due respect Martin, could you please stop bumping every single Capquest thread just to link to this one as it's making the forum a bit confusing now with threads that are 1-2 months old being listed higher than new threads asking for help.

 

 

I thought this thread was started today - it's what it shows on the first post anyway :confused::confused:

Link to post
Share on other sites

Great stuff-the more the better-Every person who complains will make Trading Standards in Winchester realise the scale of this.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Hi and thanks for this

 

what do you advise we put into the letter to trading standards? Capquest have made my life a misery for the last few months and now have a court date to attend for an S/D which is unnecessary and I think was an idle threat to get me to panic and pay them for a debt that is statue bared and I have had no CCA or notice of assignment

 

I will most certainly write to Winchester: as you say Martin 3030 on here there have been a high number of people being threatened and harressed by this company, how many other people have not found this site and also had these illegal threats?

Link to post
Share on other sites

Smc while I was reading a few of the threads today-I have seen at least 5 in which Capquest did not turn up for the hearing and so the SD was dismissed.

Hopefully we will attract more of those who have been victims-and give them the chance to join in with our fight to see justice.The internet is not short of other stories - this is big scale and thats why it needs sorting out.

Keep us posted with your progress.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Yes it did.I personally had lots of trouble with these myself for a couple of years.Only after I joined CAG did I finally manage to shake them off.

So I know the feelings of all those at the hands of them.

Its worth a little effort to see the them stopped from causing misery worry and stress to both those who are having trouble with them now-but hopefully that more do not have to go through it in the future.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Thank you Martin for bringing this to the attention of CAG members. I too have suffered at the hands of both CapQuest and HL Legal.. so another letter is on its way to Winchester. :D

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...