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    • I agree with all that.   Can I just add that I've gone through the defence again and tried to make a bit more sense of it - and perhaps try to address or skip over some of the questions asked by FTMDave.   Can I make clear I am not criticising what FTMDave has already done - I think that was a great job.  It's just that I have found the OP's explanations still very unclear and difficult to understand so I've tried to make more sense of it.  If what I've done is just making the whole thing more complicated and confusing then by all means ignore it.   Bits I suggest deleting altogether are struck through.  eg this   Bits in red are my suggestions/improvements.  (Or maybe they make things worse!)   Bits in blue and bold are my questions.   Whether this is really an improvement or not I don't know.  Feel free to ignore...   ===============================================================================   1.      In this Defence:   a.       References to the paragraph numbers are in reference to the paragraphs in the Particulars of Claim issued on 25/02/2021.   b.      A matter that is not admitted is a matter which the defendant is unable to admit or deny and requires the claimant to prove.   c.       The defendant adopts where appropriate the abbreviations and terms in the Particulars of Claim for convenience only and without making any admissions thereby.   2.      The defendant admits paragraph 3.1 of the claimants claim.   3.      The defendant denies paragraph 3.2 of the claimant's claim. The true agreement between the parties involved the defendant and claimant agreeing that the claimant would undertake building work (Project 1) at the defendant’s property in relation to 3 specific areas. These were; and named Project 1   a. To underpin the bay window at the property, b. To repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   4.      During the process of the contract agreement above   Subsequently the claimant was also engaged on further work to do the attached on 07/09/2020 for a total amount of £2,580.00 called (Project 2).   5.      In relation to the installation of a new beam and the above this work was agreed between the parties  It was agreed between the claimant and the defendant that Project 1 was to be carried out under the instructions of a structural engineer engaged by the defendant. It was agreed between the parties that the claimant's work would be as a result of instructions received following the structural engineer's assessment of the property.   6.      Between June and July 2020 the defendant provided the claimant with a full copy of the structural engineer's report which detailed instructions to the claimant for the works to be carried out.   7.      It was agreed between the parties that the works would commence on 13/08/2020.   8.      It was agreed between the parties that the total sum for the completion of all the claimant's work regarding Project 1 would be £4300 called project 1.   9.      It was agreed between the parties that the claimant’s fees for the work would be paid through three instalment payments. The first payment would be made at the start of the claimant's work. The second payment would be paid at the halfway point of the claimant's work. The final payment would be made on completion of the total works. As such three payments were to be made each of £1433.33.   10.   The builder arrived at arrived at work at 2pm on 13/08/2020 when a contract agreement was drawn up. A cheque for the first payment was issued on the day and he worked for two hours.   11.   On 24/08/2020 the builder approached me to book an appointment with the building inspector to inspect his work as the work was approaching midway and he would need the mid-way agreement money, I obliged and a second cheque was issued. He had carried out about 25 hours of work time in the property, attached is my diary of his work. The appointment was confirmed with the building inspector and builder the informed.   12.  The building inspector showed up and but the builder, having promised to be there, was absent.  The inspector walked around inspecting inspected the builder’s work and making comments in anger was obviously displeased by the standard of work.  I called the builder and pass the phone to the building inspector.  All I heard from the inspector was “Do you know what you are doing", repeatedly, “why are you not here you knew I was coming?” followed by describing the mode of doing the work to him. After the conversation with the builder he then asked me for a piece of paper and he started to explain the process which might be useful to the builder when he came.  The inspector spoke to the builder by telephone, asking him why he was absent and questioning him about the work he had done.  The inspector then gave him some instructions over the telephone also and left a list of instructions with the defendant to be passed on to the builder.  The building inspector then said he would be getting in touch with the structural engineer with his findings and the defendant should hear from the engineer soon.   13.   The builder came late that afternoon and I handed him the paperwork given by the building inspector and the builder assured me he would sort it out, that he now had an idea how to go about it, to which I said the inspector would communicate with the structural engineer who would be contacting us so he should wait and he agreed.   14.  The structural engineer visited and recommended piling to complete the underpinning.  The builder then said that he did not have the appropriate tools for piling.  It was suggested to him that tools could be hired, but he did not respond. “But you can hire them most people do.” There was no answer. The structural engineer then introduced another tradesman who was able to do it for £3,000.00 and I paid the that tradesman to do the piling.   15.    The defendant explained to the claimant that that £3000 would have to be deducted from the agreed price for Project 1 as that work had originally been agreed in that project.  I then turned to my builder after payment that you are now £3,000.00 in deficit but we will sort this out after the rest of the work is complete.  [Is all of that true?  I don’t know.  Is there evidence it was included in Project 1?]   16.  On 02/09/2020 he the claimant asked for more work to cover his losses having paid lost the £3,000.00 for underpinning to another tradesman.  I agreed and I asked him to price the job. His quotes were outrageous.  Little did he know that I had had quotes from other people and the internet.  e.g. he quoted me £1800.00 to plaster three rooms as against another plasterer who quoted £850.00. When I showed him the plasterer's quote, he was not shocked, I told him that, because he was on site I would pay him £900.00 final and he accepted. See attached builder quote for Project 2.  [I think that is all waffle and I don’t understand it]   16.  The claimant asked if the defendant needed any more work to be done and, despite the problems encountered on Project1, the defendant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580.   17.   For this reasons the builder was able to obtain a second contract from me for the amount of £2,580.00 signed on 07/09/2020 which I called Project 2, being, I believe the only way I could compromise the £3,000.00 paid to the tradesman. Again the contract agreement was identical to the initial contract for £4,300.00 (Project 1).   [I don’t understand this paragraph.  Delete it?]   18 17.  Both the initial project 1 and project 2 started to go badly and I made several complaints to him, e.g. bad pointing.  His response was all it needed was a good wash down and this bad pointing remains so to date not washed.  As work commenced on Project 2 and continued on the remaining work for Project 1, the defendant had occasion to make several complaints to the claimant regarding the standard of work   19.  18.  Around 15/09/2020 barely a week the builder had got the project 2 job, he was trying to ask for money for project 2.  Barely a week after starting on Project 2, the claimant demanded payment.  After a period of negotiation I agreed to pay him £2000.00 on 18/09/2020.    20.  On 18/09/2020 I handed a cheque for £2,000.00 to the builder.  He insisted on payment in cash even though my previous two payments had been by cheque.  I was only able to withdraw £1500.00 which I paid him.  The atmosphere was extremely hostile and under a steam of pressure I mistakenly wrote that the contract was agreed as £2,800.00 instead of £2,580.00.  However, balance at completion was correctly indicated at £1080.00.   [Way too complicated to follow.  Delete?]    19.  I paid the claimant £1500 in cash.  We agreed that this left a balance outstanding on Project 2 of £1080.   21.  We both signed the contract.  The builder left.  Later we saw the builder and his colleague on my CCTV camera walking away with my steel beam that had come off lintel. When I rang him and told that I had seen him on CCTV he admitted what he had done. I have now included the cost of the pair of the steel beam in my schedule of loss.  He charged me for work during which he stole my material to do the work without refunding the material used. This was the beginning of my dissatisfaction with the builder.   20.  It came to the defendant’s attention that the claimant had removed material (including a steel beam) from the defendant’s property that the defendant is clear either belonged to the defendant or had been paid for by the defendant in connection with Project 1.  When challenged the claimant admitted he had done this.  The defendant has included the value of this material in his counterclaim detailed below.   22.  21.  On 21/09/2020 I highlighted and sent a snagging list to the builder.  On 26/10/2020, he sent somebody to my house to clean up plaster damage to the wall and to the living room laminated flooring almost four weeks since he had last worked on the house.  The person he sent made a mess of the job.  I then updated the snagging list and gave a copy to his colleague who was doing the cleaning to give to him and emailed him a copy and sent copies by post to his address.  Over a month later he sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant   23.  22.  The next contact with the builder was on 12/01/2020 when I saw a note on the door demanding  he demanded 2,800.00. to which I immediately responded in my letter dated 17/01/2021 for asking him to explain how I owed the that amount as all that had been agreed as outstanding on Project 2 was £1080. so that I can deal with his claim. As I had no response from him on 05/02/2021 I sent him a recorded delivery pre-action notice.   24.  23.  The claimant builder then acknowledged my pre-action notice by sending me notice to pay pay £2,866 by 26/02/2021 otherwise he would take me to court. I therefore waited for his court claim to defend and counterclaim.   25.  The builder's court notice arrived and this was the beginning of assessing the cost of the damage and uncompleted work by the builder, by inviting tradesmen to come to the property to assess and give me quotes. More information was also sorted from the internet. Where I am not able to get accurate information or tradesmen to give me a quote I have left it as blank or TBA (to be assessed) on my schedule of loss, attached to this statement.  [Is this relevant here  Delete]   24.  For the above reasons the defendant denies the claimant’s claim and seeks to make the counterclaim detailed below.   [Does that seem right?  I don’t know?]
    • Go ring the court. Have they paid rhe fee yesterday?? What date is the hearing?    
    • Should there be a word in front of possible, Simeon? I'm not sure what you're asking.    HB
    • Search using our enhanced google search box Prescribed terms   Pers id simply now totally ignore Philips. They are nothing but scammers. Not one thread involving them here has ever gone anywhere. Dx
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Capquest-dont Let Them Get Away With It.


MARTIN3030
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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.

 

 

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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

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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

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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*

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Be VERY careful whose advice you listen too

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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.

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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.

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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.

 

 

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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.

 

 

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Martin3030 - THANKYOU FOR BRINGING THIS TO OUR ATTENTION I am sure it will help many who are dealing with this company.

 

Interesting letter from Cabots too :confused:

 

seems they are as confused as ever :D

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My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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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 ;)

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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.

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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:

My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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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.

 

 

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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?

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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.

 

 

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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.

 

 

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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

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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

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