Capquest - Capital One requesting signature?

[The Veman]

I recently had a demand from Capquest and in response I sent a CCA request to them. I received a reply telling me my account was on hold for 28 days while they requested the information for me. Shortly after I received a letter from Capital one who the debt is with. This was worded as follows:

Dear Mr X

Thank you for your letter requesting copy documents for your account.

I would like to be able to assist you in your request however; you did not sign your letter. We ask that our customers provide signed letters to satisfy us as to their identity. We do not feel that this is an unreasonable request as it is designed protect you and not in order to delay providing any information you request.

Please arrange for this documentation to be forwarded to us and we will be happy to assist further

If you need assistance, please contact me again.

Yours sincerely

Personally I am not happy with the idea of sending them a signed letter since this would not be atypical of any correspondence I have had with them in the past. After reading some similar stories on these forums it would seem that someone could possibly copy my signature onto a document. This is something which many members on these forums feel is a genuine possibility.

I’m not aware that I needed a signature as proof as to my identity for such a request for such a document?

Any thoughts on this matter would be greatly appreciated.

[dcakiller]

i would just send them this

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2009 in which you say that you will not comply with my request dated xxx under s.78(1) of the `Consumer Credit Act 1974 unless I provide you with a signature.

 

There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request.

 

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

 

My request for a true copy of my credit agreement under section 78(1) was made on xx/xx/2009 and the 12 working days for your compliance expire on xx/xx/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

Please now comply with your legal obligation without further delay.

 

Regards

[Huff&Puff]

The clock is still ticking on your lawful CCA request. Personally, I would just ignore them until the 12 + 2 days is up and then hit them with the "in dispute" letter. The reasons why they feel they cannot comply with your request are their problem, not yours.

[The Veman]

Thank you for your replies.

I am quite keen with the idea of writing to them stating that there is no requirement for me under the act to provide a signature. However it was a Capital One representative that advised me that they wouldn’t be able to assist with my request. The demanding letters regarding my alleged debt were directly from Capquest. Capital One is working with obvious knowledge of the letter I sent to Capquest. Should I therefore direct a response to the Capital One representative?

[Izzy40]

Hi, can't help much other than to say that I am in same boat with C1 ..... they offered me a short or long term repayment plan in writing and when I wrote back with an answer, they refused as I had not signed properly, even though they replied to my first letter signed in the same way. Just their little game .... I have now been passed to Capquest (I've already been to Debitas and P2C). Here we go again.

[Huff&Puff]

They will advise you that the sky is green if they think it will get money out of you. DCAs lie. All the time.

 

If you feel you must correspond with them, direct it to whoever is chasing you, capquest in this case.

[Delta-Charlie-76]

You sent the CCA request to Capquest, I would send the latest letter re: your signature to Capquest.

 

Also stop talking to any of them over the phone, they will tell you any old c**p over the phone, keep/insist on all correspondence in writing.

[Izzy40]

Hi, I never speak to any of them over the phone. Already CCAd C1 months ago and only got application form back so are you saying to request CCA again from Capquest?? Thanks.

[Delta-Charlie-76]

Hi Izzy40, when did you take the C1 accountr out?

[Huff&Puff]

One CCA request is all that is required. If they don't comply within 12 + 2 days, then you send the "in dispute" letter.

[themagician]

Hi, I never speak to any of them over the phone. Already CCAd C1 months ago and only got application form back so are you saying to request CCA again from Capquest?? Thanks.

you only cca the dca trying to collect the debt after the 12+2 exspires you must send the acc in despute letter a.s.a.p.

then sit back and wait,if they have the correct paper work they would take you straight to court instead of this messing about.

[The Veman]

I started this thread with a letter that Capital One sent me. Capquest sent me this letter:

Dear Mr X

Account No.: xxxx

Balance: xxxx

Our Client: Capital One Bank (Europe) plc

We thank you for your recent correspondence.

Please note that as we are acting on behalf of our client a deed of assignment for the above account is not applicable.

We have requested a copy of the agreement from our client. This will be forwarded to you as soon as we receive it from our client.

Yours sincerely,

As far as I can tell Capquest still need to fulfil my request whether they are the original creditor or not. I hope one of the members of these forums can confirm this to me. However from the letter and the response I opened this thread with they do appear to be making an attempt at complying.

[Huff&Puff]

They are obliged to fulfil your CCA request.

[Delta-Charlie-76]

I CCA'd Capquest December 2008 & still nothing.

[Izzy40]

OK, so I will send an AID letter to Capquest and see what happens? Thanks.

[Delta-Charlie-76]

Izzy40, yes if the 12+2 days have expired from your CCA request, send Capquest the 'Account In Dispute' letter.

[babydoll0141917]

Having the same trouble ..CCA CRAP1 in march 2008..what me sig told them bog off ..Sent to fredricksons ,,sent fred the bemused letter ...its now a waiting game

 

If CRAP had the ace card they would of used it by now .." yrs latter almost,,im still waiting for the CCA to hit the door mat

[The Veman]

Ok update.

 

 

I received a letter from Capquest today. The letter starts off with “We note with regret that you have chosen not to deal with this matter despite previous communication.” The rest of the letter deals with generic bailiffs, walking possession agreement etc.

 

 

Ok so far I have only sent one letter to Capquest asking for my CCA. I received a letter from Capital One which I stated earlier in this thread who wouldn’t comply with my CCA request due to no signature on the CCA letter I sent to capquest.

 

I would say that I should now send Capquest the Account in dispute letter. Should I send capital one the “Debt Letter - When company refuse CCA due to no signature “as well?

Edited January 12, 2010 by The Veman

[The Veman]

I feel I should append the letter Capquest sent me after I asked them for my CCA.

 

We thank you for your recent correspondence.

 

Please note that as we are acting on behalf of our client a deed of assignment for the above account is not applicable.

 

We have requested a copy of the agreement from our client. This will be forwarded to you as soon as we receive it from our client.

 

Yours Sincerely.

 

After reading the Account in dispute letter it would seem they would be likely to reply in such a fashion. Perhaps I should refer the account in dispute letter to Capital One? Hmm perhaps I should append the following to the account in dispute letter if sent to Capquest:

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Thoughts?

[The Veman]

bump

[Delta-Charlie-76]

Has the 12+2 working days expired? If yes then send the Account In Dispute letter.

 

As I said earlier in the thread, I CCA'd Capquest Dec 08 & they still haven't graced me with an aknowledgement or a CCA....in short zippo!

 

I did get a number of calls from them for about a month after but sending them the Telephone Harassment Letter & repeatedly not going through security or telling them to Foxtrot Oscar when they phoned, they finally got the message.

[Delta-Charlie-76]

After reading post 19 again, send the Account In Dispute letter to Capquest, they're the ones chasing you at the moment. Just remember they are not entitled to anything off of you..ie signature, I & E or personal circumstances etc. If they're unsure of your I.D, then they shouldn't even be chasing you as they need to be 100% sure that they have the correct person before sending the first threatogram.

[The Veman]

UPDATE

I sent Capquest the Account in dispute letter. About 7 days later i received the following letter:

I write in response to your recent letter the contents of which have been noted.

Unfortunately i am unable to comment on the dispute that you have raised as this was prior to our involvement and at the time the account was passed to us we were unaware of any existing query. Therefore we are closing the account on our system.

Thank you for taking the time in trying to resolve this matter.

So you may think this sounds good however the next day I receive another letter again from Capquest this time from Collection admin dept

Further to your recent correspondence.

We can confirm that you account has been placed on hold until “Date” while we investigate this matter for you.

 

Ok so a little waiting. Any thoughts?

[Delta-Charlie-76]

In my experience with them, they sent my alleged debt back to the original creditor, now I have the joy of Cabot chasing me....oh well!

 

If they have sent you no CCA, I personally would file these two letters under ignore for now, it just seems that the left arm doesn't know what the right is doing. I would also raise a complaint with Consumer Direct.

[The Veman]

Agreed. I will wait for now.