jo5ephedward5 v halifax...

[jo5ephedward5]

deal of your life....nice!

 

i was told if i did pay up they would make my life hell...Mr Campbell said he would call me every day untill i paid up - he siad they always crack lol...needless to say he calls everyday i sometimes answer just to wind him up and give him all the answers from this site - he hangs up, even called me a w*nker once!

[Turnaround]

Hi Jo,

 

I have been folowing your issues, since you first posted on GT with great interest. As your situation and involvement with CQ is simalar to mine. Infact your determination inspired me to fight also, with some success.

 

You now appear, however, to be loosing confidence in your position. ....DONT LET THEM GRIND YOU DOWN. Remember, they have no more power or authority than the person next door and what would you say to them......Go forth.....Advise them they would get more reaction to their next letter if they personaly used it as a four cornered suppository.

 

You have in the past posted great advice and support, with confidence. Draw on that, get in control and stay in control, you know they dont like it.

 

Regards......Turnaround

[Turnaround]

Jo,

 

You misunderstand. Remember Uptotheeyeballs,Fedup !!!!!!!!!!!

 

They know a deal

 

Regards........Turnaround

[Mairi]

Hi jo

they called you a what???

keep a diary of the calls, tape them if you can. Report them to everyone....

check the thread "Default Hell" post 14 is a great help

 

http://www.consumeractiongroup.co.uk/forum/legalities/20118-default-hell.html?highlight=surlybonds

 

Good luck

[Turnaround]

Great thread Mairi.

 

Must get the nack of tagging the threads for future ref and to pass on.

 

Regards....Turnaround

[jo5ephedward5]

hi guys - THANKS for the support - its just what i needed - i'm back on form now, i'm writing the compaints today whilst i wait for proof of how much i have paid from my previous banks etc!

 

who can i complain to they have been in breach of:

 

failed CCA

 

Fraudualent deed of assignment (imo tho i will go to halifa today and see if they can shead any light)

 

the telecoms act 2003 - they keep ignoring my regests

 

and harrasment

 

i guess trading standards in fleet is first but who else, and shall i post copies of all correspondance with them? - will re-read the thread defulat hell and no doubt find teh answers - been a while sinse i read it!

 

finally do i copy CapQuest in on the compalints so they can see i mean business?

 

i cant belive they have added a Default to my file when they are in default - its comical!

 

thanks again guys - i was weak it was late lol...back on form now and ready to fight them next week with avengance!

 

TURNAROUND: I will will - it just annoys me thats its taking so long to find out how much i have paid them as the figures they have are well under what has left my account

[Its WAR]

I have a similar problem. Halifax show a Default and so do the DCA (Hillco). Neither have supplied the CCA, Default Notice or Deed of Assignment. Neither have removed the Default. I have sent them both the Statutory and Formal notices and time is expired. Where is the thread to enforce the removal? Can you really reclaim money paid, if they cant produce the docs?

[jo5ephedward5]

In theory yes you can - as soon as i have figure (in the next 40days) i will be claiming back...

[jo5ephedward5]

UPDATE:

 

Ok so no further down the line as still waiting for DSAR info from NatWest so I can see how much I have paid CapQuest . I have called Natwest to see if they are dealing with it and surprise surprise they haven’t had it – mind your the royal mail tracking service says they haven’t signed for it so maybe it did get lost!

 

Anyway I have posted the DSAR again and hope sometime in the next 40days I can calculate how much I paid CapQuest and reclaim it!

 

In the meantime I have written to HBoS ‘retail fraud division’ who the alleged debts are with to verify that the odd looking deeds of assignment I have received are indeed correct and issued by Halifax as stated - there has been news of CapQuest providing fakes to get payments out of people before and as there are no dates and figures owed are incorrect I suggest that mine are also fake – I guess time will tell then I can report them to the police and hopefully use it in my case for a refund of monies paid + interest!

 

Halifax state on my credit file that the debts are partially settled, if this is the case I don’t see CapQuest have much of a leg to stand (I hope!)

[Seminole]

I will be pursuing this - how ever i will be persuing the one CapQuest have registered to as they are in Default by non compliance with my CCA request - i'm looking forward to taking them down as they have treated me so badley sinse day one when they pretended to be a solicitors taking me to court!

 

This company are the pits.

 

They CANNOT register a second default on the account. You should write to them pointing out the detail of the first default and demand that they withdraw it within 7 days. If they fail to do so then you should write to the CRAs explaining what has happened and demand that they withdraw it. At the same time write to your local Trading Standards department complaining about the double default and their harassing behavior You do not have to put up with this and TS should act.

 

Finally complain to your telephone provider about the harassing telephone calls and ask them if they have the equivalent of BT's choose to refuse service. This will allow you to block calls from them.

[jo5ephedward5]

Thanks Seminole!

 

i will write to Them today and demad they remove the default - however if i say this is as Halifax have already registered a default then this is admintting i aknowledge the debt surely?

 

Finally complain to your telephone provider about the harassing telephone calls and ask them if they have the equivalent of BT's choose to refuse service. This will allow you to block calls from them.

 

Unfortunatly they only have my mobile number - i have no idea where it comes from and they call from several numbers and withhelds so not sure i can bar them all - i know if i report it to the police Vodafone will do their best to block them...maybe this is the next move!?

[Seminole]

Make sure that the first sentence in your letter reads "No debt is acknowledged to your company". You can still be in dispute over the debt even if a default was previously registered.

 

You should not have to put up with harassing telephone calls of this nature. Take every route you can to complain about it. Vodafone may act. I doubt if the police would be interested. Howver, if they are abusive it would be a good idea to record the conversation so that you can prove this.

[Its WAR]

I have received a letter from the DCA Hillco saying that Halifax have removed their version of the Default report on my sons file, but Hillco wont remove their default report. Hillco have now sent the CCA and a statement of payments showing £1600 payments and leaving an unpaid debt of £2800. They havent sent Default Notice nor Deed of Assignment. The Default expires next year. I have sent Hillco two statutory notices to remove the entry, so can it be enforced and how?

[jo5ephedward5]

we if you send them a CCA and they dont comply you can force them to remove it untill they come up with the info!

 

i dont think i'll have trouble removing the entry with halifax but i do think that CapQuest will be trouble! - however i know CapQuest are in the wrong and when i take them to court for my money back they will have to remove the default!

[Its WAR]

So I read, all across this site. But HOW do we force them to remove when letters dont do the job?

[jo5ephedward5]

court! - its sucks when they are in the wrong but thats the only way- i think it has to be done!

[jo5ephedward5]

UPDATE:

 

Well as of yesterday Halifax has not complied with my DSAR request – however this morning I had a Special Delivery from them!

 

My statements for my Credit Card Account and the usual cover letter from N. J. Inett saying they do nothing for their £20 charges!

 

However they have not enclosed any statements for my current account nor any info on a loan which I have paid off!

 

I’ll be using the template letter to chase this up today, however…

 

…My credit card statements suggest I owe them money to the tune of £619.72 (which I’m not disputing minus) and my charges received are a tiny £80 lol, there is also payment protection every month of £4-5 which I’m sure I cancelled!

 

Worst of all is I managed to rack this debt up in a mere 6months – oh how naive I was when I was 18! The last payment was made in October 2002! I’ll address what to do RE: paying this back and indeed getting the £80 knocked off in due course however I don’t understand what all of my statements mean! They are as follows:

 

Opened December 2001

Normal Statements until October 2002 (including a payment plan at a reduced rate for some time)

October 2002 no transactions from then until present

Final Statement dated Jan 2004

 

Ok all the above is in order and makes sense to me however now it gets strange I have the normal statement format but they show this:

 

PRINCIPLE ABANDONED £510.95

INSURANCE ABANDONED £46.58

OTHER FEES ABANDONED £62.19

 

First off I don’t know what this means (tho imagine it means they have abandoned chasing me?) also it is repeated 10 times on the statement in that order with different dates 12th, 13th, 16th, 17th, 18th, 19th, 20th, 23rd, 24th, 25th, February 2004

 

This is then repeated on March 2004 through to December 2004 when the statements stop – they all have the three ABANDONED items on them showing 10times each with similar date increments on them, the end balances on each statement are all the same.

 

This makes no sense to me can anyone shead any light on this for me so I can plan my next move!?

[jo5ephedward5]

I've e-mailed customer service today to ask what this means and indeed when i will get the remaining information for my other accounts!

[jo5ephedward5]

Ok no responce from Customer Service - still no statements and no letter to say y - i guess i'll have to post them the non compliance LBA template via recorded delivery!

 

wonder if they will respond!

[jo5ephedward5]

UPDATE:

 

well i sent a huge letter of complaint to trading standards and copied Capquest in on it to let them know i meant business...

 

...no word from TS but CapQuest responded with:

 

Thank you for your recent correspondence. I can confirm that both of your accounts are now on hold, while we investigate into your complaint via our in-house complaints procedure.

 

As soon as we have the results of our findings, we will contact you again.

 

Yours sincerlely

 

HAND SIGNED (but unreadable)

 

Complaints Controller.

 

 

 

Well i have to say its nice to have a person respond not a machine but i doubt they will do anything about it!

[debt_mountain]

hi,

 

I have had a similar response of 2 of my DCA's. Cabot sent me nothing other than a thankyou for my letter and they will investigate. Heard nothing for 2 months. Thensent them an N! askig for damages caused by them sharing my data and not providing my DSAR or CCA information

 

BTMK on the other hand sent me a oor copy of an agreement that I rejected as I couldn't make out any signatures and no deed of assignment. After a second letter from me rejecting the issue and not ackowledging the debt they has said they are passing it on to another DCA. (Who will very quickly end up in court).

 

I think we are starting to get ti them, keep chipping away.

 

I have to wait to Friday to see if my Cabot case is going to come to anything.

 

tick tock tick tock

[jo5ephedward5]

UPDATE:

 

well i sent a huge letter of complaint to trading standards and copied Capquest in on it to let them know i meant business...

 

...no word from TS but CapQuest responded with:

 

Thank you for your recent correspondence. I can confirm that both of your accounts are now on hold, while we investigate into your complaint via our in-house complaints procedure.

 

As soon as we have the results of our findings, we will contact you again.

 

Yours sincerlely

 

HAND SIGNED (but unreadable)

 

Complaints Controller.

 

 

 

Well i have to say its nice to have a person respond not a machine but i doubt they will do anything about it!

[jo5ephedward5]

UPDATE:

 

had letter back from trading standards:

 

I am writing to confirm receipt of your recent letter to this office. I am sorry to read of your experience with the above trader.

 

I will send details of your complaint to our fair trading team for their information. If they require further information they will contact you directly.

 

shoudl you require civil advise etc etc contact local office in islington etc etc

 

yours

 

Laura Horrocks

Advisory Officer.

 

 

do you think their in house fair trading team will do anything?

[jo5ephedward5]

Well had a hand written 'compliment slip' today from tradings standards asking me to contact them to discuss this - i will do this at lunch time on Monday.

 

anyone know what questions i shoudl expect?

[lookinforinfo]

Gee.. there are so many things on this post.

First, if Capquest have bought the debt, then the only thing you will get from them

will be details of their purchase of the debt.They will not receive the original contract-just a

deed of assignment and the right to claim from you the outstanding debt.

The deed of assignment,as you correctly state, should show the date they

acquired the debt, how much it was for, and how much they paid for it. If they

have tried to fob you off with their own version, you need to keep it as evidence

of possible fraud.

 

Second, You can and should ask them for a S.A.R - (Subject Access Request) so you can ascertain if there are

unlawful charges and how much they amount to. Once you send the S.A.R - (Subject Access Request) you

should inform Capquest that the debt is in dispute and be put on hold till settled.

 

Third once you know how much the debt was transferred for, plus how much you have paid Capquest, you will know how much you should now owe Capquest. Bear

in mind that though they can chase you for the full amount, as they have no contract with you, they cannot charge you interest nor collection charges. So

you need to write to them for a breakdown of payments received and the original

debt amount.

 

Fourth I know very little about the workings of cras, but if you speak with them,

they should be able to advise you on the action that you can take to remove the

defaults in view of the dispute. You can also ask them what offence, if any, capquest have committed by their action. And do this if you can before talking

to TS.

 

Fifth Complete a list of all the infringements carried out by Capquest like harassment possible fraud etc for TS but more importantly for the OFT. They are

the ones who can revoke their Consumer Credit Licence-a vital necessity for them.

To strike out the licence you need to show that Capquest are not fit and proper persons. And the guidelines according to the OFT are persons who -

 

[a] committed any offence involving fraud or other dishonesty, or violence,

(b) contravened any provision made by or under this Act, or by or under

any other enactment regulating the provision of credit to individuals or

other transactions with individuals,

© practised discrimination on grounds of sex. colour, race or ethnic or

national origins in, or in connection with, the carrying on of any business,

or

(d) engaged in business practices appearing to the Director to be deceitful or

oppressive, or otherwise unfair or improper (whether unlawful or not).

 

You might not be able to get them for fraud, but possibly deceitful is a safer bet.

I am sure you could find several acts that they have contravened under as

well.

 

The OFT revoke 20 to 30 odd licences per year including dcas, so don't think you are wasting your time. But start with TS first as they are already in contact-and

point out that they deserve to lose their Consumer licence..