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Help with Me Vs Capquest


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Hi everyone

 

i have recieved the 2nd letter in the threatogram cycle from capquest this morning, from HL Legal.

 

i now am certain they arent fishing and have somehow confirmed my residence, so its time to send the statute barred letter. now do i send this to Capquest AND HL Legal or just one of them? oh and what would happen if i didnt reply at all.

 

also can they then start legal proceedings (or will they) whilst i dispute this debt which is very old.

 

thanks for any help, ive already got Letter M in word. :)

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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The 'prove it' letter might be better as an opening shot;

 

Dear

 

 

I Do Not Acknowledge Any Debt to Your Company

 

I am writing in reference to your letter dated xx/xx/xxxx

 

I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for the alleged debt in question.

 

If you are unable to provide evidence as to my liability I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I have duly noted your intention to authorise a collector to visit my home.

OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able 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.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

 

I look forward to your reply.

 

Yours Faithfully

 

Do not sign edit as needed

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yeh i wasnt sure how to go about saying prove it, but thanks! do i need to send to HL Legal or Capquest or both?>

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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  • 3 weeks later...

right then i sent the prove it letter to capquest last week of Feb, and so far ive had 3 replies.

 

The first acknowledged my complaint letter, and included a copy of the complaints procedure.

 

the second a few days later, stated that my letter had been passed to the relevant dept and outlined the timeline i could expect a reply

 

the third recieved today states that they are making enquiries with the originating company, that the acc is on hold for 28 days in the meantime and if i could supply any documents or proof of payments to the account that may assist with my query would i please forward them ASAP.

 

yeh righto. Anyone smell a stat barred? :grin::lol:

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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bump! someone??

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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im sure its verging on 6 years.

 

ive had ANOTHER letter today, basically saying the same thing, and informing me they will not pass it to any third party and wont take further action.

 

how delightful.

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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  • 1 month later...

right then, ive finally had a response from capquest regarding this egg loan

 

The contents of the enevelope are:

 

a copy of notice of assignment

an account statement sheet (stating last paid in mar 04, bum!)

A signed credit agreement, which is two pages, internet agreement by the looks of things (please dont ask me to scan as i dont have a scanner, but i am happy to describe very fully!)

A stapled together printed off of the web set of terms and conditions which are definately seperate

 

i dont really know what to do with it now, other than i was charged PPI i never needed, and also the balance at close with egg has DOUBLED with capquest.

 

any suggestions welcome!

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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When you say a signed agreement is it your signature & does it include the prescribed terms which should include; credit limit, repayment terms %APR etc.

 

If you have a digital camera can you take a picture using 'macro-mode' and post it up for us to have a look at?

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SDC10302.jpg

SDC10304.jpg

SDC10305.jpg

SDC10306.jpg

SDC10307.jpg

 

 

sorry if these are huge and not in right order? the top paragraph on page 1 states this agreement which incorporates the loan agreement terms and conditions supplied to you with your copy of this agreement contains the terms on and which we provide this loan to you

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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How 'kosher' is the Statement stating last payment March 04 - it has been know for these to be, eh, incorrect;).

to be honest i thought it was longer ago than that as i would have been 20 then?

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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also yes it is my signature, anyone help??

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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can anyone help?

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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You say they advise a payment was made in March 2004. Ask them to provide a statement showing the payment and either a cancelled cheque, Direct Debit acknowledgement, bank paying in slip. It hasnt been unknown for a company to make a payment to an account.

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the statement of account shows that that was the last payment before they started to bounce, its from egg themselves, im sure its correct.

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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Hi Paula....my maths is not great i'm afraid.....but there are a few links here that are probably of interest

 

Useful threads when working out if the figures in an agreement are correct.

 

Urgent Help Wanted

 

Mathematicians Needed - Help with Credit Agreement Figures

 

And one here on Egg loans that will also be of interest - http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

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  • 2 months later...

hi all

 

 

right after reciving all that bumph i then got a letter stating they were trying to locate the documents, they would be in touch within 28 days, then another stating that, the last one i had saying that was in mid may, now ihave had one offering a payment plan, and now one stating if i dont respond by today (recievedf yesterday) that they would start legal proceedings

 

im not sure what to do? do i need to pay?

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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really need someones help here, id love to drag this out until march 2010 but i think im going to struggle to keep it going that long?

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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bump

 

im giving it 5 more minutes then im going to ring them. i dont have alot of choice!

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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if someone could actually help me? after recieving all that bumph i then got further letters stating they were trying to obtain that info from egg

 

the last of which is dated June 13th

 

now ive had two requesting payment, one of which states they are willing to match my payments by 15% and even give me 30 days before paying first payment.

 

next one a feew days later stating clearly litigation is the only way forward.

 

as i have had no responses to my ask for help on this thgread for the last 3 hours i cant sit around waiting so i rang them(number withheld) and did not confirm dob etc i simply notified them i would be sending a letter as they clearly havent sent me what i requested (!)

 

he got snotty with me so i told him to sod off and wait for my letter. now i just need something to send them ?

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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how about this?

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sirs

 

I am writing to you with regards to the above account reference. Following your letter dated June 13th 2009 advising me that you were still in talks with Egg to gain further information regarding this account, i have been patiently awaiting further correspondence in response to my original complaint/query.

 

I am yet to recieve this information and as such your letter dated 6th July advising me that clearly litigation is required as i have failed to pay or contact you is completely ludicrous.

 

One would expect that even the people who are employed by your company are able to file things in date order and therefore see that you have FAILED to provide me with the information i requested and that i have legal right to REQUEST.

 

Please take this letter as a legal request to cease processing my data under section 10 as it is unlawful to do so without a valid agreement, which you appear unable to provide.

 

Frankly, please do not contact me further unless you have something of use to say, i would prefer to save the paper.

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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