Capquest 'CCJ' letter re Cap1 debt - Northern Ireland

[noomill060]

 

Up poo creek with neither a paddle or canoo.

 

Just standing up to their necks in, errrrrr.....poo.

[theshuffler]

oops

Edited July 2, 2009 by theshuffler

[theshuffler]

Right folks i recieved this from Capquest this morning , Note the dates that they have provided as they might be a source of amusement.

 

Dear Sir With reference to your letter dated 23 june 09 , i can confirm that the balance relates to a credit card . This account was opened on 19 th Dec 2008 .

Please note that legal action was issued on a balance of £299.99 , in the Northhampton County Court under claim number ************ on 1st Oct 2008 and judgement was entered on 22nd June 2008 . ( yip they are a wily lot these capquest people, they took me to court before i opened the alledged account ! crystal balls perhaps ). To minimise costs the remaining balance was not litigated on but remains due and payable. Any further information or assistance call us on *************

 

Yours sincerely

***************

legal support associate

 

 

My thoughts are 1 To point out the discrepancy in the dates of the alledged debt and see what they come up with or 2 Point out the fact that N.C.C have no juristiction in Northern Ireland . I have never had an address in England so they cant get me on that one.

 

I still havent requested proof of any debt as yet i thought i would keep that untill they started to loose the rag a bit .

[lickthewallfatboy]

To minimise costs the remaining balance was not litigated on but remains due and payable. Any further information or assistance call us on *************[/color]

 

Yours sincerely

***************

legal support associate

 

 

 

I don't know which is funnier......that,or the dates

 

what a bunch of cretins

[theshuffler]

oops

[Cruthin]

Maybe they get their letter writing ideas from watching Minority Report.

 

I have a few debts with capquest that I'm currently fighting and live in NI. I wonder if I'll get one of these too!

[ScarletPimpernel]

You couldn't make it up, could you? I suspect that the inconsistency of the dates will be put down to an admin error, but the whole thing stinks of utter incompetence and casts doubt upon the veracity of anything they say.

 

Why not send something like this to their Compliance Manager:

 

 

Dear Time-travellers

 

I refer to your letter dated (date), sigend by XXXXX who is apparently a 'legal support associate'. No debt is acknowledged to you or any company you claim to represent.

 

I confess to being somewhat puzzled by the content of your letter, and would be grateful if you could clarify the following points for me:

 

1. You state that the alleged debt relates to a credit card, which account you state was opened on 19 Dec 2008, that your claim was issued on 1st Oct 2008, and that judgement was entered on 22 Jun 2008. I require you to explain how Capquest have apparently managed to gain judgement prior to the issue of a claim that itself was issued prior to the issue of the credit card.

 

2. You state that the claim was issued in the Northampton County Court. Since I am resident in Northern Ireland, the English Courts have no jurisdiction. I require you to explain why your action was brought in the wrong jurisdiction, contrary to the Practice Direction. I note that bringing or threatening to bring action in the wrong jurisdiction is considered an unfair practice under the Office of Fair Trading Guidance on Debt Collection, and require your explanation for this as well.

 

Be in no doubt that your abuse of the legal system and failure to comply with regulatory rules is an extremely serious matter, and calls into question your fitness to hold a Consumer Credit Licence. Accordingly, I will be sending details of your non-compliance to the Office of Fair Trading and Trading Standards. I am also asking my Member of Parliament to look into the matter and raise the subject of your behaviour with the relevant minister.

 

You should treat this letter as a formal complaint, which I require you to deal with through your complaint procedure, a copy of which you should send to me without delay. By way of resolution, I require you to ensure that the judgment you obtained through abuse of process is set aside at once, and I require your proposals to compensate me for the damage to my credit file and the stress and anxiety caused by you.

 

Your response is required within 7 days.

 

Yours etc.

[ODC]

They are a complete bunch of idiots. Go for the jugular shuffler. There are plent of Norn Iron Folk on here who have received SDs from this shower of shine. Definately get your MP involved. That is a great idea. Crapquest are already on the OFT Radar so just illumuate the target again

[theshuffler]

Name Address etc

 

Dear Miss *********

 

Firstly may reiterate that i do not recognise any debt to you or any company you claim to represent , secondly i would like to congratulate your company on its vision and the go get them attitude that it has adopted in issuing litigation against people in advance of them actually taking out an alledged credit agreement . In your letter you state that the alledged debt is for a credit card and that the account was opened on Dec 19th 2008 thats a full two months after the shambolic issue of a CCJ in a court that has no juristiction in Northern Ireland . Now im sure that you being a legal associate were quite aware that a CJJ issued in Northhampton against a person who lived Northern Ireland was against the regulations set down governing CCJS issued in the NCC, in respect of the fact that the address supplied to the court was outside England and Wales. Given the size of your company and the might of HL legal im sure that this fact is common knowledge within your system , but not withstanding this your company decides to push the litigation through in order to try and use it as scare tactic in pursuit of alledged debts in Northern Ireland. In your previous letter dated 16th June 2009 your company also issued threats of Court Bailifs visiting my home , again with the size of your company and the might of HL Legal im sure that you are well aware that there are no Bailifs in Northern Ireland and you are using that fact as a secondry scare tactic . Given that the CJJ against me was issued illegally i respectfully ask that HL legal go back to Northampton and have it removed from my credit file . Meanwhile i will be passing on a copy of your letters to the OFT with regards to your threats on the back of a wrongly issued CCJ .

 

Not the finished article as yet but was thinking along those lines , however as usual i appreciate any advice and constructive critisisim

[theshuffler]

I must of been typing at the samre time as you scarlet ,think yours sounds better

[theshuffler]

This is what is going in the post thanks to scarletpimpernel . Should i await their response before sending my complaint to OFT

 

Dear Ms doo lally

I refer to your letter dated 30th June 2009, in which you state your designation as a 'Legal Support Associate'. No debt is acknowledged to you or any company you claim to represent.

 

I confess to being somewhat puzzled by the content of your letter, and would be grateful if you could clarify the following points for me

 

1. You state that the alleged debt relates to a credit card account, which was opened on 19 Dec 2008, and that your claim was issued on 1st Oct 2008, and judgement was entered on 22 Oct 2008. I require you to explain how Capquest have apparently managed to gain a Judgement against me, two months prior to any account being allegedly opened?

 

2. You state that the claim was issued in the Northampton County Court. Since I am resident in Northern Ireland, the English Courts have no jurisdiction. I require you to explain why your action was brought in the wrong jurisdiction, contrary to the Practice Direction. I note that bringing or threatening to bring action in the wrong jurisdiction is considered an unfair practice under the Office of Fair Trading Guidance on Debt Collection, and require your explanation for this as well.

 

Be in no doubt that your abuse of the legal system and failure to comply with regulatory rules is an extremely serious matter, and calls into question your fitness to hold a Consumer Credit Licence. Accordingly, I will be sending details of your non-compliance to the Office of Fair Trading and Trading Standards. I am also asking my Member of Parliament to look into the matter and raise the subject of your behaviour with the relevant minister

 

You should treat this letter as a formal complaint, which I require you to deal with through your complaints procedure, a copy of which you should send to me without delay. By way of resolution, I require you to ensure that the judgment you obtained through abuse of process is set aside at once, and I will await your proposals to compensate me for the damage to my credit file and the stress and anxiety caused by you.

 

Your response is required within 7 days.

 

Yours sincerely

Edited July 3, 2009 by theshuffler

[theshuffler]

I am considering texting my local paper to see if there are many locals getting harrased by this shower , get a list of names and reference numbers together and make a big complaint to both capless and the oft . Would this be wise?

[ScarletPimpernel]

Speak to your MP's constituency office first - they will have good media contacts and may also be aware of other cases. Out of interest, where in NI are you, and who is your MP?

[ODC]

I am considering texting my local paper to see if there are many locals getting harrased by this shower , get a list of names and reference numbers together and make a big complaint to both capless and the oft . Would this be wise?

 

Count me in and I know there are others on here too from Norn iron who have had dealings with these ganches

[lickthewallfatboy]

Count me in and I know there are others on here too from Norn iron who have had dealings with these ganches

 

LOL

 

he said "ganches"

 

I'll bet there's not too many on here who'll know that one

[theshuffler]

Im in west Belfast , i imagine my MP is Gerry Adams , but will have to check that one out lol . Never had much interest in politics . Its a long time since i heard Ganches lol

[ODC]

I can just imagine that Gerry and the Shinners would love to help you with this case especially the business with an English Court being used to try to enforce a claim against someone from Northern Ireland or the Six Counties as they refer to

:cool:He hasnt gone away you know

 

 

GULPIN - Now theres another great word

[theshuffler]

Yeah i think i might contact my local councillor ( when i find out who he/she is ) and put the wheels in motion . Though i expect Capquest to come back with the old admin error , just thought it would be nice to collect some more admin errors from other people to back up the case.

[ScarletPimpernel]

Councillors deal with local issues; get in touch with the Shinner's constituency office direct.

 

It will be helpful if you write out a brief diary of events, with bullet points and dates, and a summary of what you would like the outcome to be. Include the point that you understand from your research that Capquest have a reputation for this sort of thing, blaming 'admin error' when caught.

[theshuffler]

Yeah will contact them and they can take me to their leader.

[noomill060]

Im sure the Shinners will be familar with bullet points...

 

Yeah, dont even think about a councillor- its Gerry or your MLA you should be talking to about Capquest.

 

 

I would love to be fly on the wall when Capquest gets a wee letter from Sinn Fein!!

 

Dear Capquest,

 

We think this situation requires meaningful dialogue, failing that one of our authorised field representatives may pay you a wee visit...

 

We know where you live and we havent gone away.

 

Sláint, Gerry

Edited July 5, 2009 by noomill060

[ODC]

Im sure the Shinners will be familar with bullet points...

 

Yeah, dont even think about a councillor- its Gerry or your MLA you should be talking to about Capquest.

 

 

I would love to be fly on the wall when Capquest gets a wee letter from Sinn Fein!!

 

Dear Capquest,

 

We think this situation requires meaningful dialogue, failing that one of our authorised field representatives may pay you a wee visit...

 

We know where you live and we havent gone away.

 

Sláint, Gerry

:lol::lol:

[theshuffler]

LOL ODC and NOMILLO very good

[ODC]

 

Good Evening Capquest

[theshuffler]

 

 

 

Good Evening Capquest