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capquest to commmence legal action on 18 jan


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got a letter from capquest regarding hsbc account now they have sent this we are going to commence legal action on the 18 jan if no arrangement has been made

the letter i posted must have crossed in the post as am in dispute with hsbc for a sar request panicking now what to do help anyone

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sub and bump:)

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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got a letter from capquest regarding hsbc account now they have sent this we are going to commence legal action on the 18 jan if no arrangement has been made

the letter i posted must have crossed in the post as am in dispute with hsbc for a Subject Access Request request panicking now what to do help anyone

You said it yourself, letters have crossed. Just to make sure, do a very simple response to crapquest and point out that the account is in dispute with the original creditor and the matter is being dealt with.

 

The chances of them taking any legal action is remote, you can show that you were dealing directly with the original creditor and until that's resolved they are not allowed to do anything.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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thanks am going to send a a letter to hsbc now reminding them i also put in that i will be put a complaint to the fos if they dont comply , i have advice from the fos before christmas to do this , so i will see what happens next

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A lot of the problems are caused by the DCA not knowing what the heck they are doing. The original creditor have sold the account, so they don't usually want to do anything about the actions of a third party.

 

They will deal with your SAR as the law requires them to, but you can't complain to them about the actions of the company now dealing with the (alleged) account.

 

Then again, the DCA will often quote 'their client' when you ask for things like a CCA, despite the fact that it's their responsibility to handle the account they have bought. That's the hot air part of thei methods again.

 

You have to allow the original creditor time to process your SAR, no point hassling them for it unless they've gone past the time limit allowed. The department dealing with this may not be able to do anything more for you.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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They will deal with your Subject Access Request as the law requires them to, but you can't complain to them about the actions of the company now dealing with the (alleged) account.

 

 

Yes and no. The OC does have a 3rd party responsibilty for the outfit they have passed the alleged debt onto but I beleive the authorities rarely (if ever) do anything.

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If you have started a dispute with the HSBC then you could send them this recorded of course

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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