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capquest to start litigation


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hi ive been dealing with hsbc over a bank loan and overdraft i owe them sent a sar request in 7 july 2008 recieved a letter back saying need to verfify me ,i contacted the fos and told to complain to hsbc first then , complain to them , sent a letter off to hsbc , never contacted fos again , need ive got a letter from capquest stating their going to start litigation to resolve this matter i dont know what to do ive just printed off the cca request to both capquest and hl legal as i had a letter of them aswell this week ,i did write to capquest and told them that hsbc account was in dispute but now they they done this panicking abit now as ive got ahouse and dont wont a charging order please help

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hi ive been dealing with hsbc over a bank loan and overdraft i owe them sent a sar request in 7 july 2008 recieved a letter back saying need to verfify me ,i contacted the fos and told to complain to hsbc first then , complain to them , sent a letter off to hsbc , never contacted fos again , need ive got a letter from capquest stating their going to start litigation to resolve this matter i dont know what to do ive just printed off the cca request to both capquest and hl legal as i had a letter of them aswell this week ,i did write to capquest and told them that hsbc account was in dispute but now they they done this panicking abit now as ive got ahouse and dont wont a charging order please help

 

If HSBC never complied with your SAR, then they should not have passed this on to a DCA. Also, Capquest have just sent you their standard drivel - they have no powers to do anything. If you have never received your SAR information from HSBC then send the following letter to Capquest:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with HSBC and has been since DATE .

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As HSBC are now in default of my Subject Access request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Subject Access request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the HSBC for resolution of these defaults and breaches, as Capquest cannot lawfully pursue any enforcement activities.

 

If Capquest chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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thanks for the reply i was just about to reply to their offer on paying the debt back .i did send letter to capquest like the 1 above and all i got was 30 day cooling off for hsbc to contact me which they didnt ,i dont know what to do send another letter like you said plus a cca request ,would that help ?

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As far as the SAR goes, you need to write a LETTER BEFORE ACTION, giving them 7 days to comply with your request, and enclose a copy of the original SAR..... have a look here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - 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.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If they fail to respond after that then issue court papers where you will be awarded compensation...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - 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.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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