Urgent help wanted. Capquest

[debt4get]

sorry wrong post...when it arrives post here and we will put together letter

Edited March 22, 2010 by debt4get
wrong post

[Tony1177]

Tomorrow will be 14 days since they received my letter. What should i do now?

 

 

Tony

[silverfox1961]

Am I right in thinking you are counting 14 straight days. With a CCA request, they have 12 WORKING days (don't include weekends or bank holidays)to supply the agreement and the other 2 days are for delivery

 

By my calculation, their days are up next wednesday

[Tony1177]

You are correct. My mistake.

[Tony1177]

As you know tomorrow will be 14 days since they received my letter. What i want to do is have another letter to send back to them tomorrow after I've checked the post. You've been a great help. My wife is still worried sick though. How do i proceed?

 

Tony

[silverfox1961]

Afternoon

 

If you bookmark this link:

 

The Consumer Forums - Debt collectors

 

you will them have access to the normal letters to send to the pond life. I recommend letter 20

[Tony1177]

Thanks for that. I'll check the post tomorrow and If theres nothing then it's going by special delivery straight away.

[Tony1177]

On that site they say you should send a CCA reminder after 30 days.

[rhos123]

On that site they say you should send a CCA reminder after 30 days.

 

you do not have to send a cca reminder, send a account in dispute letter, as they have failed to respond with your legal request within the legal time scale.

[Tony1177]

I've filled in Letter 20 from the link silverfoxes link above. All ready to send.

[rhos123]

I've filled in Letter 20 from the link silverfoxes link above. All ready to send.

 

 

post the letter nice and early, poor capquest when will they learn, no cca no payment:D

[Tony1177]

No mail today. So off it goes.

[rhos123]

No mail today. So off it goes.

 

i bet capquest recives 100s of account in dispute letters each week:lol::lol:

maybe one day these muppets will get it right,

[Tony1177]

Ok theres been a development. Today i had a letter from them saying they are in receipt of the CCA and statements. But they won't release them until i phone them. As you know their 14 working days to supply the aggreement was the 31th of March. The letter i got today was dated the 31st but the envelope was franked the 6th of April.

 

I've included a link to the letter below. What's the next step?

 

img004.jpg

[DonkeyB]

Absolute rubbish. They've no doubt been happy to sent demands to you without 'data protection' issues. Keep that envelope. They are late and they know it.

 

Simply demand they send it forthwith, and complain to the OFT anyway - they have no right to do this. They are taking the pish and just trying to make you call them.

 

If you want to cause them trouble, you could call and record it and let them really drop themselves in it - ask which part of the act presents a problem and why - they must not mislead you.

 

EDIT: On reflection, I doubt they even actually have the documents...

[Tony1177]

My wifes on the edge of a nervous breakdown because of this and her father passing away. It's getting to me too. Don't seem to sleep very well now.

 

Does anyone know which part of the Data Protection Act they are refering to? How should i word the letter?

[DonkeyB]

No, it's just rubbish. Simply write this:

 

Dear Tw*ts

 

In your letter of 31 March, received on 8 April in an envelope postmarked 6 April, you suggest that it is necessary that I contact you regarding important security information under the Data Protection Act in order that you can release documents to me.

 

This is a bare-faced lie. There is no requirement for me to contact you under the Data Protection Act. You have been happy to send scurrilous demands to my address on previous occasions without resort to the Data Protection Act, so you are clearly perfectly satisfied that my identity is known to you.

 

I have paid the statutory fee for these documents and I demand that you send them to me forthwith.

 

You will be aware that you have not supplied these documents to me within the required timescales. Take note that the account is therefore now officially in dispute.

 

I believe your attempt to force me to telephone you on spurious grounds is a serious breach of OFT guidelines and I shall be making a complaint about your letter and behaviour in this matter immediately.

 

I expect to receive these documents by return.

 

Yours etc

 

Peed Off

[SL8R]

No, it's just rubbish. Simply write this:

 

Dear Tw*ts

 

In your letter of 31 March, received on 8 April in an envelope postmarked 6 April, you suggest that it is necessary that I contact you regarding important security information under the Data Protection Act in order that you can release documents to me.

 

This is a bare-faced lie. There is no requirement for me to contact you under the Data Protection Act. You have been happy to send scurrilous demands to my address on previous occasions without resort to the Data Protection Act, so you are clearly perfectly satisfied that my identity is known to you.

 

I have paid the statutory fee for these documents and I demand that you send them to me forthwith.

 

You will be aware that you have not supplied these documents to me within the required timescales. Take note that the account is therefore now officially in dispute.

 

I believe your attempt to force me to telephone you on spurious grounds is a serious breach of OFT guidelines and I shall be making a complaint about your letter and behaviour in this matter immediately.

 

I expect to receive these documents by return.

 

Yours etc

 

Peed Off

 

 

 

 

Excellent reply....

[Tony1177]

I sent the letter. I also sent copies off all the leters to their local trading standards and the oft. Still waiting to hear back.

[DonkeyB]

Good work. Your complaint may seem a pinprick, but lots and lots of pinpricks can cause a lot of bleeding. Hopefully fatal. Well done.

[Tony1177]

Today I got another letter from Capquest with a Chargecard application form that that I supposedly filled out in 1997 that is bordering on illegible, (have a look at the data policy section). A statement of account with dates from 2007 (statement date 2010), relating to a Credit Card and a copy of the terms and conditions dated October 2009.

 

 

Anyway I've uploaded them all in a zip file. Have a peek and let me know what you think. What sould I do now?

 

 

 

I'd like to thank everyone who has helped so far. You have been a great support.

 

 

DOWNLOAD HERE

 

 

 

Tony

[Tony1177]

Just another thing. From what date is a statute barred 6 year term calculated from? On the statement it quotes 2007 but i know for a fact that it was a long time before this that the account went into default with M&S.

 

Any ideas how i should proceed?

 

When this is all over I'm thinking of taking them to small claims to claim for the time, postage and stationary i have used. If they don't pay I'll send a bailiff in to collect.

[DonkeyB]

So what they've sent you is a 'statement of transactions' which is no such thing? Clearly, they don't want to show when the last actual activity was on the account.

 

SB would start from, say, a month after you last made a payment, ie. when your next payment was due, and you missed it.

 

You need to either SAR M&S for the proper statements, or demand from C-r-apquest the proper statements of the history of the account - all they have supplied is the statutory statement they are required to by law.

 

At least you now know M&S probably have the info.

[Tony1177]

What do you think of the Chargecard/Creditcard issue?

[Tony1177]

I've just sent them this. Do you think It'll work. They are breaking the law after all.

Account In Dispute

 

 

Dear Sir/Madam

Thank you for sending me some of the paperwork I requested. However I must point out that it is well after the prescribed 12 + 2 days, and the alleged debt is now unenforceable by law. However the information you have sent me has made some interesting reading, and I have discovered some serious, and downright illegal discrepancies in the documents received so far;

 

 

 

1. Application Form (For Office Use Only Section).
   On this form it says nothing about the account being approved and is not stamped as approved. There is NO authorisation code in the relevant box, and it seems that no identification was presented or requested when the account was applied for, as none of the identification provided boxes are ticked. As you know anyone applying for any sort of financial service must provide proper, correct, and legal identification. Only the store number and sales assistant numbers are present, (presumably for commission purposes). There is NO account/reference number filled out in the relevant boxes. This indicates that the account was NOT opened with the information contained in this document. If an account was opened with this document then Marks & Spencer would have been breaking Financial Services Authority rules, and thus the law.
   
2. Section 10A of the application form.
   In this section the following is filled in. It states “Complete only if you wish to apply for a charge card” This section is ticked, and the credit limit requested is £500. So as you can see this appears to be an application for a charge card only.
   
3. Handwriting on the Application Form.
   The handwriting on the application bears no resemblance to my own whatsoever.
   
4. Application form illegible.
   Certain sections of the application form are illegible, especially the smaller print sections such as the data protection section, and large sections of the original Terms and Conditions, from when the account was allegedly applied for in 1997.
   
5. Copy of the terms and conditions.
   You have sent me a another copy of the terms and conditions, presumably because the original 1997 terms and conditions were illegible. However, these do not relate to this account whatsoever, as this document is date marked as October 2009. At least two years after the alleged debt was sold to yourselves. Also these terms and conditions appear to be for a credit card, as it mentions cash advances and balance transfers.
   
6. Statement of Transactions.
   You have sent me a statement of transactions, which shows the date the alleged debt was transferred to yourselves. At the top of this document it states “Marks & Spencer Credit Card. NOT CHARGE CARD!.
   

 

 

As you are aware charge cards and credit cards are completely different and incompatible financial products requiring their own applications forms, processes and terms and conditions. I am somewhat confused how you can be chasing an alleged credit card debt, and supply an illegal unapproved application form for a charge card as proof of this alleged debt.

 

 

Please remove the alleged debt from my credit files and destroy all my details from your records. Please confirm this has been completed within 14 working days.