H L Legal/Scotcall/Capquest-The baliffs we didnt know !!

[MARTIN3030]

Your posts merged from 3 threads.

Please keep to one place.

Firstly Welcome to the forum.

Are you sure that the letter states this ?

 

HL Legal have no authority to say this.

Only a Court can sanction such action and even then HL legal could not collect themselves in the manner they suggest.

Have a read through the threads here.In particular stickied threads about Capquest.

Your post is very disturbing and they should not be allowed to get away with this.

[MARTIN3030]

Thanks CB -our posts crossed but its moved now.

 

I would not let them get away with this,and certainly be filing a complaint with the regs....with or without a further response from them or Capquest.

 

Carpfantastic-I understand that you will probably have difficulty to post a copy of the letter here.

But can you please give the exact wording as it appears in the letter-of course without any personal information.I am interested in helping you to to report this.

Thanks

Edited November 26, 2008 by MARTIN3030

[MARTIN3030]

Ok thank you.

Couple of questions then.

 

1.When did you take the Vodafone contract out ?

2.Did you write to them or did they write to you,specifically saying they were passing your account on ?

3.Is this the first that you have heard off HL legal ?

Do they mention whether they have been assigned the account/or are acting as agents for Vodafone to collect ?

4.How much of the 374.00 being asked from you do you agree with ?

Have you got statements of account to back this up ?

5. As far as you are aware-has there been any other agents or collectors involved ?

6.Did Vodafone send you a any default notice or notice of intended defaults ? if so when was this ?

If they did not can you say when was the last date you heard anything off Vodafone.

[MARTIN3030]

One more thing which IS important.

Does the letter state that HL are acting as power of Attorney ? if so to whom ?

[MARTIN3030]

Excellent Carpfantastic.

Stand by for fireworks....I will put something together for you.

[MARTIN3030]

Ok here is a letter to send to the FOS.

Make a copy of HLs letter and include it.

Do not sign it.Write your name,since they will be forwarding a copy of it...to the others.

 

Once the FOS get your letter they will allocate you a complaint number.

You could initially do this by phone,but I think that the evidence here is clear that an investigation should take place...sooner rather than later.

The FOS suggest an 8 weeks time scale for mediation in trying to settle complaints with creditors,however since this is a clear breach which shows in black and white that rules have been broken,they should be taken to task pronto.

Send the letter recorded and keep a copy.Keep all communications relating to this together.Do not be tempted to call them.If they call you,tell them to keep things in writing and this is the only way you will deal with it.I doubt you will get any visit,these are scare tactics,but if you do,you are not obliged to speak to them.

I am going to do you 3 letters for HL Capquest and Scotcall.These will spell out in no uncertain terms that they face big trouble.

Give me some time to prepare them for you.

If you have any further questions feel free to fire away.

There are lots of people here to help and advise you.

 

 

 

 

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

 

28th.November 2008

 

Letter of complaint; Capquest Debt recovery

Scotcall

HL.Legal services.

 

 

Dear Sir/Madam,

 

I wish to bring to your attention a matter of serious concern to me,which I have found extremely distressing.

Please find enclosed a copy of a letter I have recieved from HL Legal collections,in respect of an alleged account.Both Capquest and Scotcall,will be aware of regulations and legislation.

It is my understanding that HL Legal are acting on instructions for Capquest,and therefore are a party to any breaches therein.

 

I am led to believe that HL have no legal powers nor permission to use actions they have suggested.

Both Capquest and Scotcall are acting wholly against OFT guidelines,and are a party to this unlawful action.

Including but not restricted to;

 

Engaging third parties (more than one agent to attempt debt recovery)

Intimidation and false statements that they can take lists of my property.

Advocating that legal action is imminent.

Advising me that collectors will be visiting my property without permission.

Failing to adequately supply me with information relating to the alleged debt.

Breach of the 2008 unfair consumer regulations by failing to uphold or act within recognised and acceptable codes of practice.

 

Therefore I am questioning the competence and fitness of these businesses to hold a consumer credit licence.

 

I have forwarded letters to all 3 above companies and stressed that I will be making a complaint with yourselves.

I look forward to your reply,and acknowledgement of my complaint.

 

Yours Faithfully,

 

 

XXXXXX

 

 

Enclosed; Copy of letter from HL.Legal.

[MARTIN3030]

Heres one for HL.

 

 

 

 

 

HL.Legal Services

Herbert Street

Redditch

Worcestershire

B98 8BL

 

28th.November 2008 your reference.........................

 

 

 

Dear..........

 

I referre to your letter of..................the reference number as indicated above.

 

I am extremely concerned with the contents of the letter,and the suggestions of actions that are proposed/implied will follow.

Specifically,I am quite amazed, that a firm of Solicitors could be oblivious as to the regulations and legislation that are laid down.

For clarification,should you be unaware,could you please inform me on what authority or rights does anyone have to come to my home and take a list of my property?

Similarly,my understanding is that there are strict guidelines in place,as laid down by the Office of Fair Trading,in relation to debt collection practice.

My understanding,is that there are inconsistencies here with your demands and proposals to me.

 

Whether you are acting as power of Attorney,agents,or in any other capacity,is irrelevant.

You have a duty to comply with due care and professionalism.

 

I have submitted a complaint to the Financial Ombudsman,and enclosed a copy of your letter.

Additionally I will be making a formal complaint to the law Society to question your behaviour in this matter,certainly it is not unreasonable to assume that you have acted outside recognised codes of practice.

This is a breach under the 2008 unfair consumer terms regulations,aside from other likely regulatory terms.

 

I give you 14 days,to reply to me with an undertaking that you will refrain from further sending me distressing letters of this nature.

It is not my concern as to whether you inform both Scotcall or Capquest of my letter here to yourselves.

 

However,I will be issuing both of these companies with a letter, putting them on notice that I require both compliance of the regulations under OFT debt collection guidance.

Likewise I will require documents to be supplied to me under pre action protocols of the Civil Procedure Rules,since there has been notice to me that legal action will be commenced,in the alternative to me settling the alleged debts.

 

I trust this clarifies all points.

 

Yours ..................

 

 

XXXXXX

 

 

 

send recorded do not sign.

[MARTIN3030]

I am aware that the agreement in question cannot force a CCA request since its not covered.

The game plan is to report their behaviour as licence holders.

The FOS is an avenue to the FSA....if it can be demonstrated that Consumer direct would only referre it in any instance.

[MARTIN3030]

Wow, that should hit them where it hurts!

 

Excellent letters Martin.

 

You can see that you are in very good hands,carpfanatic,from your name I guess you can get the fishing rods out and dangle a couple of DCA's on the end of the line.

 

Ha Ha yep.

 

I am just a little upset that they didnt send ME this letter.

I have had issues with all three of these in similar circumstances.

Needless to say not any more .

[MARTIN3030]

I understand your thoughts Carpfanatic,but you are in a good position here,on account of their tactics.

 

If you simply cave in and ignore your rights,then you will be encouraging them to carry on with these practices.

Only by lodging a complaint can we hope to have them dealt with..the more people that do this the better.

 

Lets see what becomes of the complaint,and then decide how to go forward.For the moment hold fire.

Its not a case of avoidance-its a case of compliance.

 

Its a relatively small amount we are talking about,Its extremely unlikely they would institute court action for recovery,but if this happens,we can look at a counterclaim for stress and upset.

 

My own thoughts at this minute are that a token settlement as full and final would be a good route.

But for now lets wait.

[MARTIN3030]

For Scotcall send this one.

 

 

 

 

 

Scotcall Debt Collecting Services

Spectrum Building

Third Floor

55.Blythswood Street

Glasgow G2 7AT

 

28th.November 2008

 

account reference....................................

 

Dear Mrs.Hart,

 

Following a letter that I was sent by HL.Legal,in which they clearly state they are working with yourselves in connection to the above account,I must express my concerns at the contents of the letter.

Namely that Scotcall,will be visiting my house,with intentions to list my property,and seek payments.

There is also an indication that legal action will ensue,should I fail to make payments.

As a holder of a consumer credit licence 307076,one would presume that you are mindful of the standards of service and business practice that you are expected to comply with.

Certainly in this instance I have every reason to think,that there are serious breaches of both OFT guidelines in debt collection,and also the 2008 unfair consumer terms regulations.If you are not conversant with these then you should not be in the business of debt collection.

 

In view of the seriousness of the contents within the letter to me from HL.Legal,I have filed a complaint with the Financial Ombudsman to question your integrity to hold a Consumer Credit licence.

If you will say that HL Legal was acting outside your instructions,then I will seek written confirmation from yourselves that this was indeed the case.

However,it is hard to imagine how HL Legal could make such a statement,if the actions implied were not designed to achieve a response from myself.

 

I therefore,require your written confirmation,that you will not be visiting my house to take any list.Furthermore I require you to either pass this account back to Capquest,or else provide me with the information I will be requesting from them,should you remain as their agent in this matter.

 

 

I give you 14 days to respond to this letter,and take note that I will not engage in any other means of communication in regard to this matter other than in writing.

 

Yours Sincerely

 

 

XXXXXXX print name

 

 

copy and send recorded.

[MARTIN3030]

hmnnnn and now for the BIG FISH

 

CAPQUEST:x

 

Give me some time for this one-it will be the most important.

[MARTIN3030]

The final letter is going to the the ones who ultimately carry the can for your injustice.

Capquest are either assignees or are taking a cut for collecting the debt.But ultimately they are responsible for farming out to third parties for collection.

They know the rules-just as we do.

But they are banking on you not knowing sod all.

lets put them in their place.

This is a letter which draws attention to your complaint.

They are used to getting CCA requests day in day out.

Their normal complaints procedure takes the form of you writing to them they responding saying its on hold bla bla bla.

At the end of the process its usually Mr.L Slater who will give you a final response.

Our letter here is addressed to him from the start,because this matter is clear from the start in that unquestionably you have a valid complaint.

No point beating around the bush....its clear as day end of.Anyway heres part one of the letter.

Fill in your account details.

 

 

 

 

 

 

 

Capquest Debt Recovery Ltd.

Fleet 27.

Rye Close.

Fleet.

Hampshire.

GU51 2QU

 

28th.November 2008 reference...........................

 

Dear Mr.Slater,

 

My letter concerns the above account,and recent communications I have had sent to me,acting on your instructions,namely HL.Legal.

You should treat this letter from me,as a serious complaint,being of a nature which warrants your attentions immediately.

 

HL Legal,in their letter to me appear to imply that your agents are afforded with legal powers I thought were only given to Baliffs and enforcement officers.

I was informed that Scotcall,would be visiting my house,and taking a list (which I assume to be an inventory ) of my goods and chattels.

Furthermore,it was stressed that in the absence of payments being made or collected,that legal action would be commenced.

In contrast to what you may believe or try to convince me of the same,these actions are in breach of OFT debt collection guidance and also the unfair consumer terms regulations 2008.

 

It has come to my notice that your practices both in my own example here,and from what I have learned,that your eligibility to hold a consumer credit licence is at least questionable,given your disregard in compliance of regulations that you should be supportive of.

I am not convinced that the letter from HL legal has been written without implicit instructions from yourselves,and that the contents are or were unknown to you.

Ultimately,I hold Capquest responsible for these serious breaches,whether or not it was your intention.You are responsible for the actions of any parties engaged to act on your behalf.

 

Consequently,I have filed a complaint with the Financial Ombudsman to question your rights to hold a Consumer Credit Licence under the Consumer Credit Act 1974 as ammended,licence No 475757.

 

I am not making any request to have a copy of an agreement,since the alleged debt does not fall into that category of supplying me with any agreement.

However you should be aware that I give notice under the Civil Procedure Rules,that following me being advised that litigation is anticipated,should I fail to settle with your agents collectors;namely Scotcall,I enclose for your attention a separate request.

 

 

You should be in no doubt the seriousness of this matter.

I have sent both HL.Legal and Scotcall,letters indicating my course of action.

 

You should treat this letter as urgent communication.

 

I should point out that I will not deal with any further communication aside from in writing.Any intimidation or further letters of the nature,will be forwarded to the FOS.

 

I await your response to the attatched,and trust if it is not within your remit,you will pass on to the named officers as advised.

 

Yours Sincerely

 

 

XXXXXX print name

 

enc;Legal notice.

Edited November 27, 2008 by MARTIN3030

[MARTIN3030]

Capquest Debt Recovery Ltd

Fleet 27

Rye Close

Fleet

Hampshire GU51 2QQ.

 

28th November 2008. Your reference....................

 

For the attention of;

Joseph Arthur Dlutowski

Mark Andrew Brunault

Michael Christopher Daniels

Paul McQuilkin

 

The above being individuals who run the organisation as detailed in the Office of Fair Trading Public records.

 

****Legal Notice under the Civil Procedure Rules***

 

Dear Sirs,

 

 

This is in acknowledgement of your letter dated ............... Sent by your agents HL.Legal

Further to them 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;

 

 

All records you hold on me relevant to this matter, 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.

These measures not only give equal footing to allow me to properly and adequately defend any action,but additionally fall within the OFT debt collection guidelines (Which are not directly applicable to CPR)

 

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.Although If you choose to pass this to HL Legal,I would firstly advise them of a few protocols.

 

Should legal action be instituted through the Courts,I will be making a counterclaim for distress and Harrassment,providing evidence to support.

 

In the interim of this request,and given that I have filed a complaint to the Financial Ombudsman,you should regard this account as being in dispute.

As a measure of good faith however,I am open to any sensible offers on your part to conclude all matters.

 

Yours Sincerely

 

 

 

XXXXXXXXXXXXXX

 

 

attatch to letter1

Edited November 27, 2008 by MARTIN3030

[MARTIN3030]

Done-now get them sent:)

[MARTIN3030]

If it's one of their representatives (and not a court appointed bailiff) they have exactly the same powers as the lad who delivers the local free paper, i.e. none. Tell him to clear off, there is absolutely nothing he can do about it. Make sure you ask for I.D and take nothing at face value.

 

 

But at least the Paper lad gets a tip-because he does not deliver Telograms...........

 

Thats another story;)

[MARTIN3030]

All this is B.S.

You did not request a SAR from Capquest,they are skating around the pond !

 

Scotcall would know perfectly well your account reference too.

Looks like they have all collaborated.

 

The FOS have been very unhelpful also.

Capquest ARE regulated under the Consumer Credit act in their business.

Licence number 0475757 expires 06/01/2010

 

 

HL legal are regulated by the law society.

 

There have been clear breaches of guidelines as set out in the letters.

Now that they mention the CSA-there will be breaches there too under their own codes of practice-which then deems a breach of the unfair consumer terms regs 2008-failing to uphold a code of practice.

 

So Capquest seem to have ignored your request ?

Have you heard anything further from any of them since December 10th ?

I would wait and see what comes next and post again here.

They would be foolish to serve Court papers after your warnings to them.

Additionally they would be equally foolish to instruct further collection agents.

The FOS may be getting confused about the alleged debt and your complaint.

They are correct to state that your Voda account would not be coered under the Consumer credit act-that is not disputed.

However we are talking about breaches of rules and codes under OFT and FSA regulations.

The FSA is responsible for overseeing the fitness and integrity of traders,and the OFT and FOS report to these.

 

I would go and see your local trading standards officers in person and demand an explanation.

If they are not prepared to take up your complaint,then you could make a complaint to your local Government Ombudsman.....who I am sure they WILL be forced to answer to.

HL Legal should be reported to the Law Society without a doubt too.

[MARTIN3030]

Have a read through this thread too.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/55178-letter-capquest.html

 

 

and here;

 

http://www.consumeractiongroup.co.uk/forum/students/88320-h-l-legal-solicitors.html

Edited December 30, 2008 by MARTIN3030