Capquest making my life hell.

[Emmaline]

Both my partner and I are having major problems with capquest at the moment. We asked them to send proof of debt for my boyfriend and they sent us a photocopy of some credit card transactions and a photocopy of the original credit agreement. He decided he just wanted to get his paid off so we sent them a personal finance statement of his incomings and outgoings and offered to pay them £5 a month. They accepted this eventually and sent us out a direct debit form which we filled in and sent them straight back.

 

They've been ringing constantly for days now, and we're not willing to deal to deal with them over the phone because they just ask the same questions over and over and no one seems to know what is going on.

 

Today he received a letter from a solicitors claiming that as he'd failed to pay (?? eh) the payment plan would be cancelled unless he contacted them before the 24th. He got in from work today and rang them up to try and sort this. They are claiming that he's cancelled it (he hasn't, I've checked the bank and it was never set up) and they ended up asking question after question on the phone which he refused to answer because he's given them the details over and over. He ended up arguing with the woman and she said unless he made a payment today (we have no money) that they'd be sending out a request for the full amount. All he wanted to do was try and re-set up the direct debit and he's a bit scared about what is going to happen now.

 

What can we do next? I've already used a template that I found online about harrassing phone calls which I will send tomorrow but as they've refused to send out the form to set up the direct debit we're not sure what to do. Does anybody know where we stand with the law? I feel like we're fighting a battle with people that just won't leave us alone. I'm getting to the point where I'm starting to feel suicidal about it all.

 

But I won't let them beat me. I've decided that for my account I want to fight them. As with my partner I've prepared the letter about stopping the harrasing phone calls but I've also copied a template letter disputing the debt and asking for details (the one where you have to send a quid in with it). So I shall report back here as soon as I get a reply from that.

 

Thanks everyone.

[babybear39]

Hi, don't let these numpties upset you any longer. NEVER pay by card or D/D as they'll take what they like. CCA your partner's account as well and tell the next idiot that calls everything writing only and calmly put down the phone.

 

Here's a stronger version of the telephone harassment letter:

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

Amend to suit, add all numbers they're calling on for both of you, send recorde and do not sign it, print your name. Keep a copy with your postal recipt

[Emmaline]

Thank you very much, that is a much stronger version of the letter. I'll send that one instead

[babybear39]

Might be worth adding a few lines in the letter that this is to be treated as a formal complaint. Then when they've had their 8 weeks to reply to your satisfaction, if you're not happy you cna complain to the FOS which may mean they're liable to a fee of £500 for them to investigate

 

Complain straigt away to TS, the OFT and your MP

[diamondgirl]

You do have a way with words babybear.

DG

[babybear39]

I pinched the letter and bookmarked it ages ago DG so I cannot take the credit for it...

[Emmaline]

First of all sorry for the second post, I was unable to find the old one until I posted this.

 

I recently made a post here about the problems I've been having with capquest. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200510-capquest-making-my-life.html

 

After sending the CCA letters for both myself and my boyfriend I've recieved a two replys. The one for me says they're putting my account on hold for 28 days whilst they get the info I asked them for. The reply for my boyfriend just includes a photocopy of the credit agreement, a copy of the letter they sent when capquest bought the debt, and a copy of the transactions. Is this what they send out when you send a CCA letter or is that something else? They've said they've placed his account on hold until the 1st of june but that he should make payments as soon as possible. What should I do next?

 

What next?

Edited May 26, 2009 by Emmaline

[cerberusalert]

Can you scan the agreement, remove identifying details & post it up so we can check it out?

[Emmaline]

Can you scan the agreement, remove identifying details & post it up so we can check it out?

 

I actually don't have access to a scanner and to be honest the type on the copy of the credit agreement is so small it's impossible to read.

[cerberusalert]

Can you see the prescribed terms; credit limit, repayment terms, %APR ?

[42man]

I'd say that if the t's and c's are illegible then they haven't complied with your request....If it was me i'd write back stating this and remind them of this -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146767-illegible-cca-copy-received.html#post1548408

[Emmaline]

Does anyone have a letter or anything that I can send?

 

Sorry I'm a bit confused about this all. As they've just sent me an illegible photocopy of credit agreement, a letter about them buying the debt and a list of transactions does that mean they've not conformed to my CCA request and the debt is unenforcable? Do I send them a letter stating this?

[maroondevo52]

Emmaline,

 

I have merged both your threads.

 

Regards.

 

Scott.

[Emmaline]

Thanks Scott

[Emmaline]

So I've finally recieved a reply from the CCA request I sent off for ages ago.

 

It's a photocopy of the ''Credit card agreement regulated by the consumer credit act 1974'. which I must have signed online as my sig is in type rather than my actual sig.

 

Does that mean the debt is enforceable and I have to pay now? (this one is for my cap1 debt and not my boyfriends)

[babybear39]

When was the card taken out?

[Emmaline]

When was the card taken out?

 

According to the agreement it was taken out on 07/03/08

[babybear39]

Can you scan and post the CCA minus your personal details for us to have a look?

[nuke em]

You might want to to send them this ( only to debt collectors/solicitors though) not to a "Principal" "creditor" though. There is another letter i have available that you would need to send to them.

 

 

 

in Care of:

Your address

Your address

Near: Your post code

 

Name

Address

post code

Of the DCA

 

 

Today’s date

Notice of Request to Cease Harassment

 

Your Reference Number: 123456789

 

Dear ???????,

 

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

 

I refer to your letter dated (date)

 

I feel this matter is serious and wish to deal with it in writing.

As you are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. I do not have a contract with you and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

 

I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. And I believe, should you continue in contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail, and you will be in breach of these acts, and you will be reported to the relevant bodies.

 

I am well aware of Section 40, sub-section (3) which you may consider entitles you to proceed. However upon full commercial liability and penalty of perjury you will need to supply the following Proofs of Claims:

 

1. Proof of Claim that your actions are reasonable.

 

2. Proof of Claim that any obligation on my part is due, or believed by you to be due to you, and not to some other party.

 

3a. Proof of Claim that any obligation on my part is to yourself by providing sight of the appropriate contract, or

 

3b. Proof of Claim that any obligation on my part to persons for whom you act by providing sight of the appropriate contract.

 

4. Proof of Claim that any obligation on my part protects you from any future loss.

 

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

 

6. A hand signed invoice in accordance with The Bills of Exchange Act 1882

 

You would of course need to provide these Proofs, including showing full accounting, if you choose to go to law.

 

Please provide sufficient evidence within ten (10) days from the above date,

Should you provide that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer, you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

 

You will be deemed to have been served notice of my request and I will deem it served three(3) days from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letter, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

 

Sincerely and without ill will, vexation or frivolity

 

 

By: XXX-YYY :of the ZZZZ family

 

Authorised Representative All Natural Inalienable Rights Reserved.

 

-----------

notes on this Doc... the bits in red are important to you, send exactly as is, read below

 

Do Not sign this letter, there is no need to sign anything that is not a contract

 

 

At the bottom of the document if your name is John Smith

You print John:of the Smith family

 

if your name is John Martin Smith

Your print John-Martin: of the Smith Family

 

Use uppercase/lowercase exactly as on the document for the RED sections.

 

also look at the address section in RED

 

the "In Care of:" your address

 

"Near" your postcode

are important also

[Emmaline]

Can you scan and post the CCA minus your personal details for us to have a look?

 

I don't actually have a scanner but its the same letter that the person on this thread got http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/211966-capquest-response-cca-request.html Apart from mine is a photocopy and instead of the odd sig it has my name (minus my middle name) printed in type in the box.

 

The letter also contained a photocopy of a letter that they sent me me when the debt was passed over and an ACTUAL print off of the 'terms of your capital one credit card agreement' with my original card agreement and my account number.

 

You might want to to send them this ( only to debt collectors/solicitors though) not to a "Principal" "creditor" though. There is another letter i have available that you would need to send to them.

 

 

 

in Care of:

Your address

Your address

Near: Your post code

 

Name

Address

post code

Of the DCA

 

 

Today’s date

Notice of Request to Cease Harassment

 

Your Reference Number: 123456789

 

Dear ???????,

 

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

 

I refer to your letter dated (date)

 

I feel this matter is serious and wish to deal with it in writing.

As you are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. I do not have a contract with you and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

 

I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. And I believe, should you continue in contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail, and you will be in breach of these acts, and you will be reported to the relevant bodies.

 

I am well aware of Section 40, sub-section (3) which you may consider entitles you to proceed. However upon full commercial liability and penalty of perjury you will need to supply the following Proofs of Claims:

 

1. Proof of Claim that your actions are reasonable.

 

2. Proof of Claim that any obligation on my part is due, or believed by you to be due to you, and not to some other party.

 

3a. Proof of Claim that any obligation on my part is to yourself by providing sight of the appropriate contract, or

 

3b. Proof of Claim that any obligation on my part to persons for whom you act by providing sight of the appropriate contract.

 

4. Proof of Claim that any obligation on my part protects you from any future loss.

 

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

 

6. A hand signed invoice in accordance with The Bills of Exchange Act 1882

 

You would of course need to provide these Proofs, including showing full accounting, if you choose to go to law.

 

Please provide sufficient evidence within ten (10) days from the above date,

Should you provide that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer, you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

 

You will be deemed to have been served notice of my request and I will deem it served three(3) days from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letter, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

 

Sincerely and without ill will, vexation or frivolity

 

 

By: XXX-YYY :of the ZZZZ family

 

Authorised Representative All Natural Inalienable Rights Reserved.

 

-----------

notes on this Doc... the bits in red are important to you, send exactly as is, read below

 

Do Not sign this letter, there is no need to sign anything that is not a contract

 

 

At the bottom of the document if your name is John Smith

You print John:of the Smith family

 

if your name is John Martin Smith

Your print John-Martin: of the Smith Family

 

Use uppercase/lowercase exactly as on the document for the RED sections.

 

also look at the address section in RED

 

the "In Care of:" your address

 

"Near" your postcode

are important also

 

Thanks very much