What to do next and how to go about doing it.

[Pimp Cat]

Ok, I sent the CCA request to scotcall (DCA) and they replied sayin that they has passed the debt back to the RBS and that they would be contacting me. This was a week ago and i still haven't heard anythign from them.

 

I'm thinking that i should send a CCA request to RBS requesting a copy of the origanal credit agreement.

 

I'm also thinking that i should send scotcall a letter askin for all the money i have paid them over the last 16 months. the only problem is i'm not that sure how to word the letter to best effect. Can anyone gove me a few pointers. I'm not askin for you to write the letter for me (although if ya want to thats cool! ) just just give me a bit of help and a nudge in the right direction.

 

Cheers.

 

Colin.

[Pimp Cat]

Ok, just sat down and wrote this, stole a few ideas (read paragraphs!) from a couple of other letters. Do you think this will work? and comments / corrections welcome.

 

Dear Sir / Madam

 

I am writing in response to your letter dated the 19th of July. I take it that you have passed the debt back to your client as you where unable to provide me with the documents I requested under the Consumer Credit Act 1974. which would leave the debt you say I have with your company unenforceable under English and common law.

 

 

As you have been unable to provide me with the requested information, it is my belief that you where never in possession of, a true copy of the alleged agreement for the debt that you where enforcing, or signed true copy of the deed of assignment of the above referenced agreement that you allege exists. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and therefore is a complete defense to any court claim that is issued.

 

 

To that end I do not believe that I should have been paying any amount of money to your company, it was only through harassment, threats of legal action and the fact the I was unaware of my rights under the Consumer Credit Act 1974. that I agreed to pay any thing at all.

 

 

For theses reasons set out above I request all monies that I have paid to your company be returned to me, by my records you have taken £1680.00. In addition to full payment of this sum I require that you remove any default entry you may have placed against me from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

I require repayment in full of this money and removal of the default notice within 14 days. If you do not comply fully within this time then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 and s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) plus my costs and without further notice.

 

Yours faithfully

 

 

Thanks

 

Colin.

[MARTIN3030]

Col you did it again............

 

Where and were

[Rooster-UK]

As my old English teacher used to say.....

 

Where is it?........ It is Here.

"Here" is a place........ wHERE is this place?

:D

[MARTIN3030]

eh ?????????

 

My teacher gave us an axample of how you can turn a sentence around to mean something else.

 

Smith said the teacher is fool.

 

The teacher looked at this and added commas.

 

Smith,said the teacher, is a fool.

 

 

[Pimp Cat]

i have just had a reply from scotcall to the above letter...

 

Dear Mr Hackett

 

Thank you for your recent communication regarding the above account.

 

Unfortunatly Scotcall are no longer dealing with this account and we have returned this to our client. The account was returned on the 19/07/06 as disputed. You will hear no more from scotcall regarding this matter.

 

With regards to the credit agreement you requested this must come from your creditor not a debt collection agency. We have never held a copy of this documentation as it stays with your creditor. All payments have been passed over therefore no refund can be given. Scotcall don't register customers on any register.

 

if you contact your creditor directly for any further details required on this account.

 

yours......

The way i see it they have just admitted that they had no actual right to collect any debt from me as they never had the paperwork to start with!

 

What should i do now? i am still to hear anything from RBS about them passin the account back to them.

 

Cheers.

 

Colin.

[jo5ephedward5]

I have this problem with CapQuest (DCA) - following failure to issue documenst under the CCA, i have written a similar letter to them and one to trading standards - CapQuest refuse to return my debt to HBOS! - i also sent HBOS the CCA and have had nothing (over 30 days)

 

what now?...this is what i am going to do (sure you can apply some of this)

 

Full DSAR to HBOS to see if they have had any payments from DCA & find out total owed?

 

then total up charges on the account (there is bound to be lots)

Claim off HOBS and have this knocked of the total owed...then see if there is a difference between the 'new' total and the figure paid so far to DCA, then calim for the difference back via small claims court

 

does this make sence?

[MARTIN3030]

i have just had a reply from scotcall to the above letter...

 

 

The way i see it they have just admitted that they had no actual right to collect any debt from me as they never had the paperwork to start with!

 

What should i do now? i am still to hear anything from RBS about them passin the account back to them.

 

Cheers.

 

Colin.

 

I am in a similar position in that Scotcall have sent it back after my cca request.

I have not though made any payments to them as I have always disputed it.

 

The RBS are extremely slow and continue to ask for more time.

I have had a final reply from them stating they will not remove any default nor refund any charges.

I am therefore going to do the mc and have it addressed at settlement.

[MARTIN3030]

I have this problem with CapQuest (DCA) - following failure to issue documenst under the CCA, i have written a similar letter to them and one to trading standards - CapQuest refuse to return my debt to HBOS! - i also sent HBOS the CCA and have had nothing (over 30 days)

 

what now?...this is what i am going to do (sure you can apply some of this)

 

Full DSAR to HBOS to see if they have had any payments from DCA & find out total owed?

 

then total up charges on the account (there is bound to be lots)

Claim off HOBS and have this knocked of the total owed...then see if there is a difference between the 'new' total and the figure paid so far to DCA, then calim for the difference back via small claims court

 

does this make sence?

 

My trading standards have asked me to report back to them on 5th.August.

Capquest did manage to send me a copy of the original agreement with rbs but the letter of assignment was extremely dubious.

 

I agree you should do that with hbos but specifically mention each item you are wanting to see.

Some banks (Citi are one of them) are making reference to section 3 (7)

a data controller is not obliged to complywith a request unless he(sic) is supplied with such information as he may reasonably require in order to locate the informationwhich that person seeks.

Citi reckon this is known as an open ended request....where someone says Give me everything you hold on me.

[jo5ephedward5]

My trading standards have asked me to report back to them on 5th.August.

Capquest did manage to send me a copy of the original agreement with rbs but the letter of assignment was extremely dubious.

 

I agree you should do that with hbos but specifically mention each item you are wanting to see.

Some banks (Citi are one of them) are making reference to section 3 (7)

a data controller is not obliged to complywith a request unless he(sic) is supplied with such information as he may reasonably require in order to locate the informationwhich that person seeks.

Citi reckon this is known as an open ended request....where someone says Give me everything you hold on me.

 

i did get a letter of assignment - it was to say the lease a fake - i wrote to HOBS to confirm they sent it but got no reply - this was 45 days ago...the one i had is on my thread and was from Euan McPharson but had no job title, no contact number no department etc etc

[MARTIN3030]

JO whats the post No as I cant see it I want to check if its same as mine !!

[jo5ephedward5]

JO whats the post No as I cant see it I want to check if its same as mine !!

 

 

I have told you a visious lie - its not posted on this site its on a differest one!

 

I cant find it now...

(letters in blue my comments in red)

 

It says (u better clcik them scales for the effort i've put in typing this lol)

 

I am writing to inform you that shouldnt this have i/we here? have sold your account to CapQuest Investments Limited

 

this means that the effective owners of the above account are now CapQuest Investments Limited

 

CapQuest Investmenst Limited have appointed one of their group companies, CapQuest Debt Recovery Limited to manage your account on their behalf. All contact regarding this account shoudl now be directed to CapQuest Debt Recovery Limited on telephone number 0870 08433535 (national rates apply)

 

I confirm that the amount outstanding on you account as at was £2345 - shouldnt this have a date on it?

Yours sincerely

 

Euan McPherson

 

 

 

 

Now the letter is on halifax paper the signatiure is scanned on not written and Euan McPherson has no job title on it...the headed paper just has halifax logo and the registered address on the bottom - its odd that it didn't have a contact number (banks usually do) also it came in a plain envelope not the usual type with halifax return address on it - its dated 23 June 06 and yet CapQuest refer to it in a later letter as a copy of the letter they have dated 04 Nov 04 - not sure how ist a copy if it has a different date!

 

As you can see its gramatically poor is missing the important stuff like sold dates etc and the total owed is what i owe CapQuest after paying them for a year - it was much more 12 months ago so wouldnt that figure be on halifax records?

 

a few days latter CapQuest sent this:

we note with regret that you have chosen not to deal with this matter dispite our numerous communications to you endeavouring to assist you to a satisfactory arrangement to settle this account without the need for legal action"

what correspondance? i have had a couple of letter to say thanks for yoru letter your accounts on hold whilst we waste your time but that it!

 

any way its not the usual short one liner its a whole page of small text - it goes on to say they are now passing it to there litigation team and legal proceedings against me will start on the 13th of July (thought i had to have 7 days notice?)

 

 

they go on to explain that when an order is granted in THEIR favour bailiffs will empound goods to sell at auction and i shoudl note that any items they take will only get a maximum of 10% of their value etc etc

 

what documents will they show the court to prove this debt?...i havent had any!!!

 

it then ends with:

 

"be in no doubt failure to respond within the time stipulated will result in legal action being instagated and we will utilise the legal system to its full extent to ensure that this account is settled".

 

then goes on to say call now pay us etc etc and finishs with a photocopied signature and the job title :

 

Litigation Executive on behalf of CapQuest Debt Recovery Limited

 

I followed it up with this one:

 

Dear Sir or Madam,

 

Thank-you for your recent correspondence

 

I would like to take this opportunity to express my concerns with your letter.

 

You state:

"we note with regret that you have chosen not to deal with this matter despite our numerous communications to you endeavouring to assist you to a satisfactory arrangement to settle this account without the need for legal action"

 

According to my records I have had various letters that have resulted in you avoiding my requests. In addition to this there have been numerous letters to state my account is on hold.

Obviously something has gone a-miss here and I would be grateful if you could send me your 'endeavoured assistance' in the form of the information I have requested.

 

In addition to this I have had numerous ill mannered telephone conversations, where your colleagues are either unaware of the facts and the law or choose to ignore them!

 

Your latest letter also contains threats of legal action and bailiffs, I would like to illustrate to you, that without providing the documentation I have requested you would not legally be able to carry out such proceedings.

 

As you seem incapable of providing me with anything I have ordered backdated statements from my bank to conclude how much I have paid CapQuest. Once I have this fugue I will be starting legal proceedings to retrieve my money plus interest lost at 8% as set out by the courts guidelines and any legal fees incurred.

 

As always I shall look forward to your response and getting one step closer to drawing this long overdue issue to a close

 

Yours faithfully

 

Then i got a REAL reply from a non computer based print out!

 

 

We thank-you for your recent correspondence the content of which has been noted

 

In response to your request to provide a full refund of all monies paid towards the above mentioned accounts we write to advise that this will not be forthcoming. CapQuest Debt Recovery Ltd has been handling these accounts since November 2004 and at no stage have you indicated the accounts were disputed or fraudulent. Your regular payments to the accounts and the request for a full and final settlement figure are an acknowledgment of the debts and as such you would be aware of the original agreements and the terms attached. Please be advised that we have requested a further copy of both agreements from HBOS PLC but respectfully remind you that liability has been admitted for the debts with the agreed payment plans negotiated with you under separate cover. Please note that the interest applies to the accounts has been refuded whilst the payment plan is in place but whilst no payments are being received, the interest will be applied at a rate of 1%per month.

 

As requested, we have forwarded on the 22 June 06 a copy of the letter dated 22 November 04 issued by HBOS PLC advising you your accounts had been sold to CapQuest Debt Recovery Ltd and thus providing you with notice of assignment. We note that the automated system generated a letter advising that the accounts had been returned to HBOS PLC. Please be advised this is not the case. This was a system error. CapQuest Debt Recovery Ltd will be dealing with these two accounts and the handling will not change.

 

Please find attached your £1.00 postal order which is not required. We request that you contact our Collections Debt on the telephone number 08700843501 withiin 7 days to rearrange your payment plan or should you require any further information please contact the collections administration department on telephone number 08700842515. We note that you have already taken advise from your solicitor and avise that we will be happy to correspond with them upon receipt of their contact details and you signed authority to discuss theis (their spelling mistake) issue with them.

 

The copy agreements will be forwarded as soon as we receive them. In the meantime your accounts will be put on hold pending a response from either you or your Solicitor.

 

Your Sincerely

 

 

Anne McClaren

Collections Administration Departme

 

they assumed the solicitor part and tho i had been paying i dont feel that this is admittance as i was bullied into it without seeing the correct info - if only i knew what i know now...think when i get all teh paper work from Halifax etc i can claim this back...?

 

I hope this mass of infor helps you (or helps you sleep either way!)

 

If its to complicated to follow ask away and i'll try and help

[MARTIN3030]

On Grumbletext.. Capquest Debt Recovery- Just want to say a quick " THANKS " for all your help and advice ... It's much appreciated.I'll have a good think about exactly what to do but in the meantime I shall continue to read all of the posts here every day. THANKS AGAIN ALL ... PatPS ~ Do you have to be a "special breed" of person to work at CQ? By now I must have spoken to ( or rather been "spoken at" by ) at least 30 different "beings" from CQ ~ All have been far from nice even though they know and have acknowledged that it is not my debt. Their salaries must be really good because I can't see that job satisfaction would keep them there... Grumbletext, UK consumer complaints about Capquest Debt Recovery - post your opinions, complaints, comments online or via SMS about Capquest Debt Recovery Capquest Debt Recovery complaint, Capquest Debt Recovery review, Capquest Debt Recovery opinion, Capquest Debt Recovery consumer review, Capquest Debt Recovery consumer complaint, Capquest Debt Recovery customer complaint, Capquest Debt Recovery consumer opinion, Capquest Debt Recovery customer opinion, Grumbletext

 

Read all about their antics here

 

In response to THEIR arguement about you not challenging the debt earlier,

then you can also say that you have only recently been made aware that Penalty charges which force a debt are unenforceable.

[jo5ephedward5]

On Grumbletext.. Capquest Debt Recovery- Just want to say a quick " THANKS " for all your help and advice ... It's much appreciated.I'll have a good think about exactly what to do but in the meantime I shall continue to read all of the posts here every day. THANKS AGAIN ALL ... PatPS ~ Do you have to be a "special breed" of person to work at CQ? By now I must have spoken to ( or rather been "spoken at" by ) at least 30 different "beings" from CQ ~ All have been far from nice even though they know and have acknowledged that it is not my debt. Their salaries must be really good because I can't see that job satisfaction would keep them there... Grumbletext, UK consumer complaints about Capquest Debt Recovery - post your opinions, complaints, comments online or via SMS about Capquest Debt Recovery Capquest Debt Recovery complaint, Capquest Debt Recovery review, Capquest Debt Recovery opinion, Capquest Debt Recovery consumer review, Capquest Debt Recovery consumer complaint, Capquest Debt Recovery customer complaint, Capquest Debt Recovery consumer opinion, Capquest Debt Recovery customer opinion, Grumbletext

 

Read all about their antics here

 

In response to THEIR arguement about you not challenging the debt earlier,

then you can also say that you have only recently been made aware that Penalty charges which force a debt are unenforceable.

 

thats a valid point actually - not only was i bullied into it, i was unaware that at the time halifax actually owed me money, the account was disputed cause they got my £800 overdraft to near 3K by charging me every day for 6 months closing my account after i asked for help many times and then capquest got it!

 

i have posted my full saga on grumbletext website - i have same user name there - its a worthy read as some sound advice there

 

good luck to any one dealing with them!

[Pimp Cat]

Wow!!!

 

Holy Weekend Hijack!!! lol

 

Thanks for all the replies. I am still wondering if i can get anywhere with a claim against scotcall as if they never held a copy of the agreement or deed of assignment, Legaly they don't have anything to do with the debt, Sure this should be covered by deseption/fraud/or at the least gaining money under false pretenses!

 

What should i do next!?

 

Cheers.

 

Colin.

[MARTIN3030]

Its pretty clear that your call now is with the Rbs.

If you want to address the issue of default with them,then this has to be done at court.

You wont be able to do it with MC.

 

The fee is 150 but of course recoverable.

 

As regards Scotcall if you need to know if the money you have paid already has been kept by them or returned to the Rbs you should be able to ask them this.

 

In a court case with the Rbs you can have both issues addressed,the penalty charges AND the default.

 

After that has been sorted it would give you a very strong case to go after Scotcall,because it would show that there were no justifyable grounds as to why any money should have been taken from you.

Whereas if you tried to recover the money from Scotcall first then they could argue that you had not sought to direct any communication with the original creditor.

[Pimp Cat]

Cheers mate.

 

I will get on to rbs and get all the SAR stuff done. I can then work out how much they have charged me unlawfully and take that off the total amount. if i have then paid more than the amount left would i be able to get that back from them in the same claim? if the money i paid to scot call was indeed passed directly to them.

 

Cheers.

 

Colin.

[MARTIN3030]

Yes Col it seems a reasonable enough request.

 

Make sure that in your Data protection request you specify that you want to see copies of any deeds of assignment.

That they also confirm that the debt has been returned to them from Scotcall.

That they confirm as to whether any monies paid to Scotcall in relation to the debt has been returned to them.

 

Dont acknowledge any liabilty toward the debt.

[Pimp Cat]

Thanks again martin. you have been a great help so far.

 

i will make sure that i ask for all of the above. As for not acknowledgeing the debt, i'm not quite sure on this. This was a credit card that i had but never really paid anything towards. i know that if they aint got all the paperwork then they cant enforce it but surely i cant say i never had it in the first place! or do you mean word it as such, ie "the debt" as aposed to "my debt"?

 

cheers.

 

Colin.

[MARTIN3030]

You dont have to refere to it in any way as a debt.

Refere to it as my account..........or my former account.