Capquest CCA Request response No.1

[xx.Morph.xx]

This is my 1st response from Capquest after a CCA request & the Clock is still ticking

 

 

Is the second paragraph really saying "please send us something with a signature on so we can get Photoshopping":D

 

Morph.

[Nottsdave]

hey I got two of those, needless to say I never sent them anything that would help.

It would be like giving the prison guard a padlock for you cell

 

Havent heard a thing for a couple of months.

 

Notts

[Patma]

Nice try on their part, but they can't fool you!

[xx.Morph.xx]

This is the response I received after sending the "Account in dispute" letter after 12+2 days.

 

 

Now I thought the 30 day rule was changed sometime in 2006, can anybody clarify this or point me in the right direction of where to find the information.

Cheers

Morph

[cerberusalert]

It did. Now make a complaint to TS as they are attempting to mislead you.

[email protected]

 

tel: 020 7211 5823

[ScarletPimpernel]

It did. Now make a complaint to TS as they are attempting to mislead you.

[email protected]

 

tel: 020 7211 5823

 

Contrary to both OFT Guidance (attempting to mislead), and CPUTR (both for misleading and failing to comply with a code of practice they subscribe to - the CSA code, which states that they must comply within the law and regulatory guidance)

[xx.Morph.xx]

It did. Now make a complaint to TS as they are attempting to mislead you.

[email protected]

 

tel: 020 7211 5823

 

I'll report them tomorrow & the Leeds loosers too coz they sent this:-

 

Now where would I find the parts of the Act that Ms Swallow is half ar$edly reffering to ?

 

Morph

[harrassed senior]

Not sure we this can be found but we have nearly all received this letter and it is proving difficult to move them, but we are forming new opinions all the time and will keep on until there is success (maybe in May;)).

[cerberusalert]

The only thing I can find is this http://www.opsi.gov.uk/si/si2008/pdf/uksi_20080831_en.pdf which appears to be the removal of financial limits which used to be £25,000

[xx.Morph.xx]

I'm trying to cross reference this bit Consumer Credit Act 2006 (c. 14)

with the 1974 Act but not having much luck at the mo.

[xx.Morph.xx]

Update,

 

Today I received a large envelope from Capquest containing:-

 

Firstly, a full monthly statement history from 2002 when the card was issued to 2007 when the "debt" was sold to Capquest. Thanks that saved me a tenner on a SAR & I now know all the PPI payments & Charges I can try & claim back if they find an enforcable CCA;).

 

Secondly, 7 printed/photocopied pages (front & Back with page numbers) with the title written in ball point pen "Historic T+Cs" the Main Title of the printed document is "Halifax Credit Card Conditions of Use" the only date reference is at the bottom of page 7 in smaller reference print & is [12/00]

 

Thirdly, 7 printed/photocopied pages (front & back,no page numbers) with the title written in ball point pen "Current T+Cs" .

 

I'll only post up the 1st 3 pages of the "Agreement" so you can get the idea:-

 

 

 

Back

 

 

Next

 

 

Now Im guessing that this is the result of scanning a document to text & then editing to suit. Is this the new tactic to represent a "True Copy"?

 

If so then is it going have to be the CPR route to see if they have an enforcable CCA?

 

Morph

[xx.Morph.xx]

Looking at a few other threads, surely they have to send me something that at least looks a bit like the agreement I may or may not have signed?

 

Wheres my badly photoshopped illegible application form then eh?

 

I feel somewhat left out that they havn't even taken the time to cobble together a half ar$ed attempt at an enforcable CCA

 

Morph.

[andymanx]

Looking at a few other threads, surely they have to send me something that at least looks a bit like the agreement I may or may not have signed?

 

Wheres my badly photoshopped illegible application form then eh?

 

I feel somewhat left out that they havn't even taken the time to cobble together a half ar$ed attempt at an enforcable CCA

 

Morph.

To be enforceable it has to be be signed. Send them one of the following letters by Recorded Delivery:

 

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

 

PRINT YOUR NAME AND DONT SIGN!!!

 

 

Dear sir/madam

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any signature means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 12 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter.

 

Yours faithfully

PRINT YOUR NAME AND DONT SIGN!!!

Edited May 3, 2009 by andymanx

[Undercover-Elsa]

Hi Morph,

This is just a computer printout of what an application form WOULD look like.

Maybe you should make up a picture of a cheque for the full amount in photoshop and say yep, and this is what a cheque for full payment WOULD have looked like!

The fact that they've sent you this is, in my humble opinion, a good indication that they don't have the original, so fingers crossed!

Elsa x

[xx.Morph.xx]

Hi Morph,

This is just a computer printout of what an application form WOULD look like.

Maybe you should make up a picture of a cheque for the full amount in photoshop and say yep, and this is what a cheque for full payment WOULD have looked like!

The fact that they've sent you this is, in my humble opinion, a good indication that they don't have the original, so fingers crossed!

Elsa x

 

 

I like it ;-),

 

I think i might just do that or buy a 100 trillion dollar Zimbabwe bank note off ebay & send them that

[Undercover-Elsa]

There's always good old Monopoly money...its about as genuine as that CCA!!