Debtcontrol V RBS CC / Capquest

[Debtcontrol]

Hello,

 

I have to say this forum is an excellent resource and I will be contributing to the cause when I get paid next!!

 

I made up my mind last week to stand up to these DCA's who have, after reading advice on here, been threatening me with hollow threats for months, if not years.

 

I have 9 DCA accounts, a mixture of credit cards & loans. The majority of these defaulted in 2003, a couple defaulted in 2004.

 

My original post is here -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205013-paying-back-various-amounts.html

 

It is worth noting that I have never had to sign for any recorded/special delivery post from the lender or DCA.

I have also never received a Default Notice, or Notice of Assignment.

 

I have CCA'd all DCA's and cancelled all DD. Payments will be made by SO for £5 per month until it’s legally enforced for me to pay more. (I am confident that my financial circumstances are dire enough for them to have no joy if they wish to pursue through the courts).

 

 

This thread will talk about my battle with Capquest Investments & the RBS credit card they say they are pursuing.

 

Thanks for reading, more to follow!!!!

Edited July 6, 2009 by Debtcontrol

[Debtcontrol]

Sent CCA request on 20/06/09, no reply yet.

 

Thanks for reading.

[Debtcontrol]

Received the CCA acknowledgement today, also advised that my account was on hold for 28 days. Jolly sporting of them!!!

 

Thanks for reading.

[Debtcontrol]

Hello,

 

Had a nice letter today from H L Legal, acting on behalf of Capquest.

 

This letter, dated 3rd July, advises that since the DD has been cancelled they are intending to take further action unless I call and take care of the arrears straight away.

 

Now, I have the letter from Capquest dated 23rd June that states my account is on hold for 28 days, so these idiots obviously dont bother checking any notes on any account and just send out bog standard drivel as soon as the computer thingy tells them.

 

I have attached the letter from H L Legal to this post, also scanned the back as they invite me to pay by CC which will incur a 2% charge.

 

Anyone with any ideas on a letter I can send them advising the account is in dispute awaiting CCA and that 18 or so days are left of my 'Account being on hold' period?

 

Any help would be great.

I am planning on sending photocopies of my CCA request and the Capquest letter advising my account is on hold with the reply.

 

Thanks.

RBS CC Legal Letter 030709.pdf

[Debtcontrol]

Also, since I CCA'd them on 20/06/09 (Saturday) and had acknowledgment of request on 23/06/09 (Tuesday) when does the 12+2 count start?

 

Thanks for reading.

[angry cat]

Also, since I CCA'd them on 20/06/09 (Saturday) and had acknowledgment of request on 23/06/09 (Tuesday) when does the 12+2 count start?

 

Thanks for reading.

 

Upon Receipt. Hopefully, you printed off the Royal Mail proof of delivery.

 

AC

[Debtcontrol]

Upon Receipt. Hopefully, you printed off the Royal Mail proof of delivery.

 

AC

 

Oh yes, all safe & sound!!!

 

Thanks.

[Debtcontrol]

Anyone know of a template I can use?, I cant find one in the library.

 

Thanks.

[Debtcontrol]

OK, this just got interesting.

 

I received a letter from Capquest; its dated 13/07/09, saying that they have requested my CCA again - this is probably an automated reply to my account in dispute letter that I sent RD on 100709. This is attached for your info.

 

However, and this is the interesting / weird part.

 

I received a letter from RBS today.

It states on the front, that I can find a true copy of my Credit Agreement, along with details of the amount payable and any arrears on the account.

 

 

Now its worth mentioning here that I assumed this debt was a RBS Mastercard or Visa that I had circa 1998 - 2003.

 

Upon reading the CCA, which is not dated and the 'customer initials' box is empty, nor is page 2 signed, the purpose of the credit is described as CASH LOAN FOR REFINANCE DEBT THIS BANK

 

I'm thinking, WTF? The next pages then detail the 'cash loan' and an explanation that the balance drawn down on this account was on 11/12/03. This balance equals the loan amount + interest as in the "Credit Agreement"

 

So, it would appear that the RBS provided £4100 in a cash loan for refinance purposes.

Now, let me make this clear, I have never, ever, received £4100 in cash, ha ha - that would be great, but sadly it never happened!!!

 

The account number / sort code in the RBS documentation matches the reference that Capquest have been using.

 

So, I was sitting here, scratching my head. I thought, sod it, I'm going to ring the banks number on the letter. I spoke to a lady, who explained that the cash loan was deposited into the account number specified on the letter. I then asked her, if by chance, she had a note of my current account details; She did, and duly provided them - these do not match.

 

I have a theory about what has happened here......

 

• I stopped banking with RBS in Oct 2003, got my wages, DD etc transferred to another bank.
  

 

• The RBS Mastercard or Visa account (which I thought was being paid off by an ex business partner) was then paid off with a refinance loan, of which was opened by the bank in my name without my knowledge or consent and duly defaulted.
  

That is the only conclusion that I can draw here, although I may be completely wrong.

 

 

Therefore, in conclusion...........

 

• RBS opened a new account in my name, of which I had no knowledge of
  
• This account was used for a £4100 loan, for refinance within the bank
  
• This account was never debited with any money to repay alleged loan, therefore defaulted and is now being chased by Capquest.
  
• The lady on the phone informs that it is a true copy of my original CCA, although its typed out without a date or signature, and looks like it was knocked up yesterday
  
• The loan account does not match my old current account details
  

 

Things I am concerned with

 

• This is clearly wrong, maybe even fraud?
  
• What proof do I have that I NEVER received the money (I never), thats on my mind now
  
• I'm not that concerned re the CCA, its clearly not a true copy of any original agreement.
  

 

Steps I have taken already

 

• I have SAR the RBS last week, this was in relation to unfair bank charges on said current account, it will be interesting to see if this money pops up on any statements.
  

 

Questions -

 

• What the hell do I do now, it seems a right mess!!
  
• Should I write back to Capquest & RBS with my concerns, anyone got any suggestions on a letter?
  
• Should I hold tight for my SAR to be completed?
  

Copies of the documentation are provided in this post.

 

I'm taking this one all the way!!!!!

[Debtcontrol]

Also, should I include TS, OFT, FOS in the letters?

[mr.ton]

Exhaust the banks official complaints proceedure to its full extent as well

[debbbbsy]

Hi,

 

Have you SAR'ed the RBS ?

 

debs

[Debtcontrol]

Hi,

 

Have you SAR'ed the RBS ?

 

debs

 

Hello,

 

I have indeed - was done on 27th June 2009.

 

 

It now looks like it may be the same as whats being discussed here -

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/11427-walton-rbos-new-post.html

 

Thanks for replying.

[Debtcontrol]

Hello,

 

I received a letter from Capquest dated 23rd July 2009. It basically states their stance in response to my 'Acount in Dispute' letter they would have received.

 

Now, in this letter they inform me that since they did not recieve the £1 PO with my CCA request the timescales do not apply!

What utter bull.

 

Before I make an ass of myself, can someone please check this letter I have typed up.

I reference my receipt for the postal order, the receipt for the postal order being sent recorded delivery, and the electronic sig they supplied when they received it.

 

Also, I advise them that I have SAR the bank, as I feel this debt they are chasing me for is non-existent as it was a debt that was converted into a loan routing account without my knowledge or consent.

 

Any help would be great. Thanks.

 

====================

Dear Sir/Madam

 

Re: − Account/Reference Number xxxxxxx

 

 

Date: 26th July 2009

 

 

 

I write in reference to your correspondence dated 23/07/09 and received 24/07/09.

 

There are a number of issues that I have with this letter. The foremost being that you have not received my £1 postal order with my original request on 20th June 2009.

Frankly, I find this amusing.

 

Included with this letter is a photocopy of the receipt that I received from the Post Office when I purchased the £1 postal order which clearly states the business name of Capquest Investments. Also included is a printout of the proof of delivery of my original communication which included the said request and postal order; This printout also has the electronic proof of receipt that removes any doubt that the package was received and signed for by your organisation.

 

I implore you to respond to this letter in light of the above and confirm to me, that indeed the postal order was sent and received in good faith; any issues that surround your mail / finance internal process are certainly no concern of mine but I would suggest that you review said processes as they are clearly failing. I am disappointed that you have written to me several times with regards to this account yet at no point mentioned the £1 postal order until after I notified you that the account was in dispute. I regard this as dishonest business practices.

 

Also, I will bring your attention to the fact that I have received correspondence direct from the Royal Bank of Scotland relating to this alleged debt. I am also disappointed that you wrote to me on the 23rd of July 2009 advising that you are still awaiting feedback from the Bank, yet I received communication direct from the bank, which you must have received a copy of, this communication was dated 14th July 2009.

Clearly your account handling processes require review as a matter of urgency also.

 

In the interests of clarity, I advise you that on the 3rd of July 2009 I submitted a subject access request direct to the Royal Bank of Scotland. It is of my opinion that this account you hold in my name (reference xxxx) and a second account (reference xxxx) are both born of fraudulent financial activity and misguided internal process.

This is an opinion at this precise moment, but will no doubt be confirmed when my subject access request is received.

I believe I do not have to disclose any more detail relating to this, other than to advise you of the facts.

 

I would hope that the Royal Bank of Scotland will communicate with your organisation direct following on from my dialogue with them.

 

I look forward to hearing from you in due course.

 

Yours faithfully

=====================

 

Thanks for reading

[Debtcontrol]

sorry to bump up, can anyone please comment if the letter I have typed above is suitable?

 

Many thanks.

[2Grumpy]

Dear Sir,

 

In reply to your letter of 23/07/09 where you state that the statutory fee was missing from my CCA s78 request, I can confirm that the fee was supplied with the request (copy of the postal order counterfoil is attached).

 

I would suggest that you should look inside your organisation for the missing funds.

 

Contrary to your suggestion, I confirm that the usual timescales do apply.

 

Please treat this as a formal complaint, to be resolved under your company's complaints procedure. Please send a copy of your complaints procedure by return.

 

 

 

I think that the remainder of your letter is best kept for the future.

[Debtcontrol]

I think that the remainder of your letter is best kept for the future.

 

Hey,

 

Thanks for that, will edit and send off tomorrow.

 

Thanks for replying.

[Debtcontrol]

I have received a response from the Bank, basically they want my signature!!!!

 

Letter attached.

 

I want to send off a reply, anyone got any words of wisdom?

 

Thanks.

RBS SAR reply 230709.pdf

[debbbbsy]

Hi

The response has come from CMS.

The letter is basically a get lost & go away, we know better then you .

All correspondence at this time about your SAR should be done through Joyce E Tudor, the data manager in Edinburgh, & not CMS Telford.

 

Resend your SAR to her. You will need to give her the account numbers. No you don't need to supply ID at this stage.

 

Debs

[debbbbsy]

Hi again

The account number / sort code in the RBS documentation matches the reference that Capquest have been using.

[/quote

 

When you did your first SAR, You should have provided the original card details. But also specifially ask for all data/statements/ Agreements for the new "Loan" account.Give her as much info as you can.

If it's on her system, you'll get it all.....just keep pushing. Then once you start to get a response. Then go back to CMS, not for data, but for answers.

Debs

[debbbbsy]

Sorry me again.

 

Okay, what you really really need is the T&C's for your credit card. If this includes a clause allowing them to close the credit card account

& set up a loan account without your knowledge or consent. They win. Like to bet....it doesn't.

Debs

[Debtcontrol]

Hi

The response has come from CMS.

The letter is basically a get lost & go away, we know better then you .

All correspondence at this time about your SAR should be done through Joyce E Tudor, the data manager in Edinburgh, & not CMS Telford.

 

Resend your SAR to her. You will need to give her the account numbers. No you don't need to supply ID at this stage.

 

Debs

 

Hi again

The account number / sort code in the RBS documentation matches the reference that Capquest have been using.

[/quote

 

When you did your first SAR, You should have provided the original card details. But also specifially ask for all data/statements/ Agreements for the new "Loan" account.Give her as much info as you can.

If it's on her system, you'll get it all.....just keep pushing. Then once you start to get a response. Then go back to CMS, not for data, but for answers.

Debs

 

Hi Debs,

 

Many thanks for this.

I will resend my SAR direct to Joyce Tudor.

Thanks for taking the time to reply - I appreciate it.

[Debtcontrol]

Sorry me again.

 

Okay, what you really really need is the T&C's for your credit card. If this includes a clause allowing them to close the credit card account

& set up a loan account without your knowledge or consent. They win. Like to bet....it doesn't.

Debs

 

Hi Debs,

When I was first contacted by Capquest, I assumed it was an old CC that we used back ~2000.

Now, after research, I think it could have been an overdraft.

However, until I receive the statements etc from the SAR, I can't be sure.

 

Thanks.

[paulwlton]

It will be interesting to see what they forward. I would also write to CMS Telford and ask if the "true copy" has been recreated from internal records or alernatively that the "true copy" was taken from the original executed agreement that's been archived.

 

PW

[debbbbsy]

Hi,

Now, after research, I think it could have been an overdraft.

No problem, but you will need the original account number for this account. From my own experience, even with your name & address she will struggle to find the account.

For instance, in my case,we didn't have the account number for my current account, only the "new" loan account number, in the end we got statements for all our other accounts, trawled through & found a transfer to my current account.Only once we had the number did we get the statements, it took 14 months.

 

Debs