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    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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    • 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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Capquest-dont Let Them Get Away With It.


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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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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.

 

 

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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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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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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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Hi Alias,There can be many interpretations of what you are asking.For example a debt could be unenforceable if it has no connections to or nothing to do with you.It could be unenforceable if the creditor or agents of them, cannot properly substantiate that you owe the debt/alleged debt by providing documentation which would support it.

CAG does not encourage nor support debt evasion,but serves to assist and guide those people who become the victims of unlawful practices or injustices at the hands of the debt collection industry.

You can read many threads within the debt forums to gain specific information-and starting a thread of your own is the best way to do this.

There you can post questions and also learn from others by reading their threads too,I hope that answers your question-obviously much depends on your own situation and that of the actions taken/or not taken by those chasing you for payment of the debt/alleged debt.

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 quite true Tills.

  • 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.

 

 

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oops sorry-got my Ls mixed up with Gs...;)

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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  • 1 month later...
This is a great thread.

 

I've just WON my SD case (see the WON section). And I was granted £425 in costs!! And the other side never even turned-up. The judge just signed the order and that was that.

 

Now CapQuest have 14 days or I'm sending the bailiffs round :)

 

So claim ALL your costs - the judge might reduce them if he/she thinks their excessive; but on the other hand, they seem ****ed with the DCA's, and so are minded to just OK the costs, especially when the other side have not turned-up.

 

 

 

Well done Susan.

Consider using an enforcement officer if you have to get a warrant-County Court Baliffs are slow and often give notice.Well worth paying its about 85 quid but you get that back on top of the money you are due.

Keep us posted.

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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I would like to thank Martin for posting the form letter to send to Capquest.

 

I have today received a letter from Capquest stating that the account is statute barred and that they are in the process of closing the account on their system.

I do have a question though. They have sent me a letter, apparently from Northern Rock stating they sold the debt to Capquest investments ltd on June 30th, 2005. this letter is printed on plain paper with no company logo anywhere so I am wondering if this is actually a genuine letter from Northern Rock or if it has just been done by someone at Capquest? Am I being overly concerned? My gut feeling is to write to trading standards with this letter as I feel that they are being less than honest again.

Also, the comments about being in the process of closing the account worry me slightly. Surely they should be done automatically? Should I send another letter asking for proof of the account being closed or should I accept the letter at face value as it does state that the account is statute barred?

Once again,

Thanks

 

 

Sorry for the late reply Ziggy.Yes of course you can question it.Even at this late stage.

Dont accept dispute resolution until you feel happy that its been sorted.

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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Brilliant thread - these b*stards have been trying to get hold of me for ages and I refuse all their calls. They have silent called, they have got another company to call and pretend I have won something and need my address, another company saying that they are a telegram company (WHAT?! Are we in the 1850s?) requesting all sorts of details before they would tell me the contents of the telegram - I hung up, more calls than I can count at 7.30 in the morning to 10.30 at night. I havent answered one and I'm not going to. They don't have my address or any other details and I don't have a clue what the debt is for so shan't be following it up. No doubt they will keep on coming! Does anyone know whether Thames Credit are a subsidary as they have also chased me around the same time and that was with regards to a SB debt to Debenhams so it could be the same thing!?

 

 

Capquest own the telegram company-its one of their companies.

Under OFT guidelines its unlawful to use third parties to collect debts without first informing you that they are acting as agents for you.

They could have assigned the debt to Thames-although Thames tend to specialise in utility debts.

Trying to collect debts or alleged debts without clearly informing the recipient what the matter is about and who they are is also unlawful.

The unfair 2008 consumer regs gives additional protection on top of the OFT guidelines on debt collection.

The fact that you have not acknowledged any alleged debts to them makes putting an end to this fairly easy.

I suggest you keep a log of all the attempts they are making -it may come in handy for you later.

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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:)

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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  • 4 weeks later...
Hi All

 

Can anyone give me the address of the directors of capquest as i intend to supheona them for an illegal entry on my credit file.

 

Thanks

 

Fraid we cant have this posted Scampy-however you should have no trouble finding this on the internet.

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.

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Had some movement from Capquest

 

First after I send the letter and it arrived the phone calls stopped.

 

I received 3 letters following my letter:

 

1st For all letters:

 

None is with a real signature. Only badly pasted in signature pictures.

 

Only the letter with the NatWest copy states a printed name under the signature.

 

2nd The 1st letter

 

From Their "Collections Administration Department"

 

Only stating that the account is on hold for 28 days and acknowledging the receipt of my letter.

 

No real signature and no name stated.

 

3rd The 2nd letter with an 'NatWest' copy attached

 

From Their "Collections Administration Department"

 

The only letter stating a name (Martin Best) but still no real signature.

 

The NatWest copy does not look like a copy it looks like something I could do better. It definitely looks not like a normal NatWest letter with letter head, only a simple letter with NatWest logo cheaply copied and pasted in one corner.

No printed name on the copy and no real signature.

Now the details are real as in the Acc. Number and Branch details.

Another thing it states that the account was assigned on the 31st of May 2007 but on the Statutory Demand from their very first letter it states

date of Assignment 30 Oct 07.

 

4th The 3rd letter with the supposed arrangement to repay.

 

Again no real signature and no name stated just "Collection Administration".

 

Firstly it does not say for how long well we have to calculate how long 13100.72 by monthly rates of 200.

They deducted the 200 I already paid and took the 22nd as pay-day.

 

No real terms and conditions!

 

No mention of any "down-payment" they wanted over 3500 or 4000!

 

Now the disturbing bid:

Any default will render the arrangement invalid and the full balance will be pursued. Of course there should not be any default but some unforeseen circumstances could happen or what about if the bank screws up.

 

Now the most disturbing bid:

It states:

"This arrangement will be subject to review at our discretion and may be terminated at any time by us without notice." So basically they can change their mind at any time and without notice ether demand the full balance or do a petition for bankruptcy! WTF???

 

Now I really could do with some professional help. I have all those letters in pdf-format so I can email them. I don't know how much the Citizen Advise Bureau can help.

If anybody knows a place to go in and around London or a Solicitor who has experience with Capquest or similar I would really appreciate for some help.

 

 

Macaca you could do with having your own thread to get some response on this.

I will sort you one out and move this from here.

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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Well done to those who have seen results.

I have good news to report-I have also finally got them off my back and forced them to cease,following the Pre action Court protocols letter.Continue to send this since it addresses many issues which they clearly have difficulties in complying with,if there is no real substance to their demands,or they cannot properly seek collection whilst remaining in compliance of regulations.

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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For anyone wishing to follow Macacas progress or assist further-then go here;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168528-macaca-capquest-assistance-req.html

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 DK yep-its in my first post in this thread with the other letters.Its clearly headed so you should see easy enough.

 

I have had success with both Hillesden and Capquest following sending this-both now closed files.

 

Tweak it for anything that does not apply.

Martin

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.

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Great to hear it.;)

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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 weeks later...

Sorry Alan,I should have updated this as per your post.

I spoke with the person in question recently,who advised me to amend the details here.Apparantly they have been inunidated.

I just did not get around to making the changes in the stickie,and will do this soon.

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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  • 1 month later...

Yes unlawful under the 2008 unfair consumer terms regs-in addition to OFT DC guidelines.

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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  • 6 months later...
Having fun with CapQuest

 

My Solicitor has told them the credit agreement is unenforceable

 

but CapQuest insits there is a debt and as such will not remove the Default on my credit file.

 

The outstanding balance consists of over 51% of charges

 

I have written to trading standards which have been in contact with capquest, but still CapQuest do not comply with my request

 

 

Have they made any adjustments ?

If taken off the charges from the recorded default ?

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

sorry don,t want to jump on another thread, but im struggling with a SD demand from Capquest which now listed for hearing in the county court Nov 09, but they have applied to have my defence struck out will be heard on the 27/08/09, even though they have not replied with info requested under Cpr and sar notices, heres my tread could do with the help ..thanks Halifax credit card sold to Capquest...Help - Penalty Charges Forum

 

 

We could really do with you putting a bit of info on here !!!

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.

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Thank God for this thread! I thought Capquest had taken on a personal vendetta against me (lol!)

 

I have two seperate issues with them, didnt receive a CCA in response to the s.78 requests & they have continued to send collection letters since the accounts went into dispute. HL Legal have waded in too. One of the debts is definitely statute barred as well.

 

Thanks for the Hants TS contact info; will complain this weekend

 

Regards, EC

 

 

 

Great keep us updated.

You should also report them to your local TS.

Take with you any letters for them to copy.

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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  • 3 weeks later...
Ive just had a letter of apology from CQ for an incorrect default - was very surprised at them giving in so easily, I demanded a copy of the default notice and termination notice prior to issuing CPR31.16 (risky but worked) and gave them 14 days to clear my credit file, apologise and confirm this to me.

 

14 days was 7th August - on Friday 7th August guess what was delivered..... shocked was an understatement.

 

maybe they recognise the pattern of letters and realise we're not giving in to them. Thats another point for a Cagger -

 

Cag = 50 Cabot = 0

 

Great result-they obv caved because they could not supply.

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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