Resolvecall for capquest - old EGG card debt

[Duracy]

Hi there

 

I had a letter from these people saying they will be visiting me to serve a stat demand on me on the behalf of capquest. I had a letter from cq a month ago saying that they would be getting reslovecall to do this as they sent me a stat demand and they halted legal proceceedings as I had been in touch and arranged a payment plan with them (I didnt get in touch with them at all)

 

To cut a long story short I had a egg credit card but no longer could keep up the payments. I went to the cab and they advised me to pay a pound token payment to them which I did do up untillast year. CQ where dealing with it but it was egg who I was actually paying not them. I did send cq a cca last year and they sent me my egg agreement which was taken out in 1999. I have search high and low for it since but cannot find what on earth I have done with it so I can scan it in and post on here.

 

This evening I had a knock at the door but I never answer the door anyway unless I know who it is. Knowing they are suppose to be paying a visit I fear it could of been them.

 

I am now very worried about what to do, I get benifits as I have a child who I look after full time and have been signed off work. I am very worried about these people coming to my home again. What do I do if I go out one day and they are there as I come out?

 

I doubt I'll be sleeping much tonight as I feel quite agitated. I know I should of been in touch with them sooner but I had and still haveing a lot of personal problems and this took a backseat. It wasnt top of the list on my priority list and still isnt really, it's only because of this letter and someone knocking the door that it has prompted me to seek help. I really just don't know what to do and if anyone can help, I would be eternaly grateful

Trina

[Pinky69]

Don't be afraid of the doorstep caller. If he/she knocks again tell them you do not wish to discuss the matter and they have 30 seconds to get off your property or you will call the police as they are trespassing. Then shut the door and if they knock again call the police to have them removed. They cannot come to your door without your permission.

 

CQ has no power over you - only a court has any power to order anything to do with this account. If you are issued you with an SD you will get plenty of help on here to get it set aside.

 

Make another CCA request and we will take a look at the agreement and see if it is enforceable. Keep everything in a file so you don't lose it.

 

CCA request letter.

 

Also send them this so they know they do not have your permission for doorstep visits. They cannot send anyone without your permission.

 

DCA Home Visit - If you receive, or are threatened with, a Doorstep Visit

 

Now stop worrying. They stopped short of issuing an SD and there must be a reason for that. We'll see what they come up with.

[Bazooka Boo]

As already said by Pinky, these threat monkeys really do have no more 'Legal' ability to do anything than I do, being in debt is not a criminal offence, although I don't think it will be too long before one of these laughable outfits try's telling you it is!

 

Don't be afraid to answer your own bloody door! Regardless of who is on the other side, jesus, it's your bloody property, and you have the right to feel at ease and comfort in your own home, just because some uneducated fool who believes they have some god given right to be knocking your door and foolishly asking you for money, does not mean you have to give the fool the time of day, nor feel intimidated.

 

Personally as they have intimated Legal action ie, a Stat demand, I would be sending them a request under CPR 31.14 to see what it is they intend to rely upon in court against you.

 

You are on benefits, I am assuming you are a full time carer for your child?

Then they have absolutely zero hope or chance of recovering any money from you, no DJ in this country would order you to pay what you cannot afford, so relax, 9 times out of 10, all these letters are designed to do, is to intimidate and threaten. In the hope that they will hit a nerve and get you to ring them up and agree to pay what you cannot afford.....

 

Boo;)

[Duracy]

Thank you both for replying. I cant say I had much sleep last night due to worrying about this but trying to be more positive. Boo, what is request under CPR 31.14 that you mention? Should I be sending this as well as another cca or just the request? I know Pinky said about the cca but would they still do it as they have already issued one before? Will be going to the PO later anyway so will get the cca printed up before I go

 

What do I do if I go to go out and someone is there? Do I just ignore them if they approuce me (try to ignore) or talk to them? That is what worries me the most

[Pinky69]

You are entitled to request a copy of the agreement anytime and they must produce one. As for someone approaching you as you leave the house, same advice - just tell them you do not wish to discuss anything with them and walk off.

[Duracy]

Hi Pinky, thank you for clearing that up for me. Have sent off both the cca to CQ and the letter about comeing to my home to Reslovecall this morning. Both where sent recorded so will be keeping a track on when they where signed for. I shall make sure I keep whatever they send me safe so as not to lose it again I cannot believe I could be so silly as to misplace what they sent me when I orginaly asked for the cca. I did however find a letter from Egg dating back to 2002 saying the account was being passed to collection agents. I think it was after I got that letter that I went to the CAB.

 

Comeing home from the PO today was a nightmare. I was so nervious thinking someone was watching me comeing home. I actually feel quite sick about it at the moment.

 

Re benefit's, yes I am a full time carer for my child who is two years old at the moment Boo. I only get child tax credit and child benefit though if that makes any difference?

 

A very ill feeling Trina

[babybear39]

All their actions are designed to make you feel ill and scared. They use psychological tactics which, IMO, should be made illegal!

 

DO NOT give them the satisfaction of making you feel this way. They have no power whatsoever.

 

Please report them to TS via consumer direct and request that details of your complaint are passed to the OFT.

 

Once you've been on this site a while and read some of other people's experiences with these cretins you'll wonder why you ever let them get to you

[Duracy]

Thank you Babybear, I'm feeling a little better now but still a little jumpy in case they call today. I have been looking through this great site about others in the same or simular sitiation and I cannot believe they should be allowed to get away with it. Do you think there will ever be a change in this?

 

Trina

[Pinky69]

We live in hope. The more people who complain to the OFT about these underhanded tactics, the better. Every report is another nail in the DCAs coffins.

[Bazooka Boo]

The request Under CPR 31.14 regs can be read on this following thread; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

 

Whilst 99% of DCA's threaten legal action by way of court, I do believe that on receipt of this threat, all alleged debtors should send them a request using the CPR regs, AFTER the CCA request has either failed or has brought things to a standstill where by they state that what they have sent does in fact comply, when in fact it does not and they are still barking on about legal action.

 

There is no-one watching you, or following you, this is yet again another myth from the 70's and 80's that DCA's still like us all to think they use, their 'Tracing' debtors as they like to misquote it, is nothing more than searching the Electoral register, land registry, BDM register, this is 2010, there are a lot less time consuming and easier ways to trace somebody other than follow them, which unless is in the national interest (security) or done by a 'qualified' trained professional, would be illegal and certainly answerable in a court of law.

 

So do try to stop stressing, I know it is hard if your of the paranoia type, I used to go out with a change of clothes in my bag, and whenever I felt threatened, would get changed in the Gents, wear caps, glasses, use a walking stick...etc..etc..etc...

 

Now I am willing them to find me so i can have a damn good confrontation, but that was only after I found CAG and began learning my rights, and exactly what they can and can't do, worrying about it only wears you out, so don't as you'll begin to learn, these ex burger flippers who have more spots than a leopard, who still get their Mum to wash behind their ears, have been given a desk with a telephone, and a scripted sheet of questions and threats to abuse people who have yet to be educated about their rights...

 

Don't worry, we're with you all the way..

Boo;)

[Duracy]

Thank you so much for your support boo, well to all that have replied. I think what it is with me is that where I live it is relatively quiet and if there are any cars around that are not normally everyone gets suspicious if that makes sense! I just have this fear that if they continue to keep coming to my house and get no answer they might just hang outside in their car and wait for me to come out or come back home

 

Re the the link you gave, I think I understand all that (going to re read again after this) but do you think I should wait for the cca to come back and after I have posted what they have sent, maybe post the letter(s) from the link?

 

Thank you again

Trina

[babybear39]

If they hang around outside your house and or follow you report them for stalking, it's a criminal offence!

[Bazooka Boo]

If they hang around outside your house and or follow you report them for stalking, it's a criminal offence!

 

BB Thinks Chance would be a fine thing at the minute!

[Guest Cartaphilus]

All their actions are designed to make you feel ill and scared. They use psychological tactics which, IMO, should be made illegal!

 

Yep. Once you get past the initial letters in this direction (what their game is really all about as Babybear says) you will begin to see through it, gaining more confidence as you go.

 

Also, what Babybear posted about the 'stalking' thing if they do not leave or hang about ... Most definitely a reportable offence. It's pure harassment for another, definitely would smack of psychological intimidation on the other; who are you to know who they are for example? Under any other circumstances someone hanging around in cars (yet I have seen debt collectors do this on a street once a long time ago now daily who used to watch a house regularly for comings and goings) in a street for hours on end would most definitely arouse police suspicion if someone in your street were to report it. Especially, if as time goes on you then notify them by letter you will not entertain a doorstep visit and they consequently continue to do it. Hang themselves, then.

 

There are guidelines - OFT - but they would be really crossing the line if they did this (perhaps; to me anyway) and could have their licence for collecting revoked; maybe. Just seems wrong to me they can act in this way and not be held accountable for it.

 

Don't know if it's been suggested anywhere as I am between tasks right now so am here and elsewhere reading at the same time, but you could start keeping a log/diary of such activity to produce as proof later.

 

Remember, they cannot come into your house uninvited nor without your permission. Best way is treat maybe like the phone calls, ignore them then report them later if they hang about in a car. Especially do note any activity if they approach your neighbours for example asking your whereabouts. As time goes on, with the help of others here you will likely learn all the tricks these people get up to but know that you are able to fight back. Though often they like to kid you that you cannot. You can.

[Kate987123]

Hi Duracy,

 

Sorry to hear you're having all this trouble with Capquest. I've recently been acting on behalf of a family member who has a debt with Capquest so I know they can be very intimidating. As the debt had basically been ignored for a year they were writing, phoning numerous times a day and threatening doorstop visits etc. I phoned them and explained the situation and very politely told them they could have a small monthly payment but that my family member couldn't afford anymore. At first they insisted the total had to be paid in full, threatened to inform the employer etc etc (they can't do this!), then expected £133 a month before finally agreeing to a nominal monthly figure. However, make sure any contact you make is in writing, not over the phone. (Rookie mistake before I found this site!). Capquest have since sent an letter agreeing to the nominal monthly figure but I'm not paying until they have fulfilled the CCA request.

 

Basically I'm just posting to let you know that someone else has been in the same position and you can definitey get it resolved. Don't allow them to intimidate you into agreeing to pay more than you can afford to; you will only continue to worry. They can't make you pay what you haven't got.

 

I think you said in a previous post that you hadsent a letter informing them they couldn't carry out a doorstep visit. I found this letter in the template section http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html where there is also some advice on dealing with the visits. If it makes you feel more comfortable why not print it out and carry it in your bag so that you have no reason to worry about someone approaching you? (It's unlikely anyway as they threatening to visit but often don't bother because it costs them to send someone but it's worth printing the letter to give you some peace of mind).

 

I'm currently trying to sort out my own debt and that of a family members so I understand what a strain it is but try to relax as much as possible. Keep notes and copies of everything sent and you will be fine

[Pinky69]

Don't do anything at all but relax until they have replied to your CCA request.

[Kate987123]

Oh, sorry. I should have made it clear in my post - didn't mean to encourage the OP to do anything until the CCA request had been fulfilled! Thanks Pinky69

[London000]

Hi there

 

I had a letter from these people saying they will be visiting me to serve a door that it has prompted me to seek help.....................

I really just don't know what to do and if anyone can help, I would be eternaly grateful

Trina

 

 

Hi there Trina,

 

As everyone said, do not panic. That is what they have done for years....fear and panic people...

 

This is what I have used to give them the boots....but there are other letters super that can guide you all the way...

 

 

Dear Mr or Miss or whoever you are there.....

 

 

I do not acknowledge any debt to you, your client or to anyone else that can not prove it.

(Halifax have never sent me the full original agreement and that is because I have never signed one but if you belive that you do have an agreement in place with all the prescribed terms and signed by me then) write this if you wnat..... I would please ask you to provide it to me as well as any other documents you are relying on.

 

In the circumstances, you and your client’s threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection and your attention is drawn to this guidance document.

Your attention is also drawn the Information Commissioners Office on Data protection, as passing details on to a third party while an account is in dispute is contrary to the Data Protection Act. I have previously issued letters to Halifax under s10 of this act. You may wish to advise your client and remind yourselves of the implications of ignoring the Data Protection Act.

 

Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches. Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

(I am enclosing the illegible copy of the Application form (Halifax) have sent me twice or 3 times for your perusal, and as soon as you highlight all of the prescribed terms, please ensure it is sent back to me.

When you can not do this please ensure the matter is handed back Halifax so that they may unlawfully harass me personally rather than passing it on to a third party such as yourselves). - write this if you have already sent a Subject Access Request and bank have sent you the Application Form and reconstitued version T&C.

As you seem intent on asking for payment for this unenforceable account, I will reiterate that you will of course be aware I have absolutely no intention of paying money to you, or anyone else who can not prove they own the alleged debt, or indeed that I owe it.

I am now of the opinion that you are harassing me and completely ignoring my letters and responding by sending generically produced correspondence. To remind you that the Act is there to protect people (like myself) against unjustified harassment that I keep receiving from yourselves and Halifax.

 

The only further correspondence I expect to receive from you is the acknowledgement that you are not pursuing this and have passed my details back to ......Abbey, Halifax or whoever you are dealing .

 

Also add the usual :

TAKE URGENT NOTE:

 

I DO NOT WISH TO RECEIVE OR ENTER INTO CORRESPONDENCE WITH YOU OR ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED ANY AGENTS OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU AND HALIFAX ISSUE/D INSTRUCTIONS TO.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.)

 

THEREFORE TAKE NOTE THAT I REVOKE LICENSE UNDER COMMON LAW FOR YOU, OR YOUR REPRESENTATIVES TO VISIT ME AT MY PROPERTY AND IF YOU DO SO, THEN YOU WILL BE LIABLE FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE

 

I trust this outlines my position clearly and you may consider this to be my final response.

Yours Sincerely,

Many kisses - joking

Xxxxxx

P P.S. In addition I would like to send you these quotes which seems very useful and relevant to your many problems....

• Quotes from the Daily Hansard Parliamentary Debate regarding Debt Collection and the ConsumerCredit Act on 22 April 2009 beginning at column 338.
  
  At column 341 Mr Andrew Mackinlay (Thurrock) (Lab) states:
   
  “The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.”
  
• 
  At column 342 The Minister for Trade, Development and Consumer Affairs (Mr. Gareth Thomas) states:
   
  “The OFT would expect the debt collection agency concerned to have checked the accuracy of the client data details that it received from the creditor or agency, and, where possible, to have obtained a copy of the original consumer credit agreement.”
  
  

Good luck and let us know,

 

DD:)

[harrassed senior]

If you do spot anyone hanging around either before you go out or on coming home you are quite within your rights to call and report a suspicious person (don't use 999 though). I would maybe suggest that you look up your local Police non-emergency number and put it in your 'phone.

 

I have, unfortunately been told I am 50% deaf in both ears, and just look people in the eyes and shrug when I cannot hear. It works

[Duracy]

Thank you all so much for your support and help. I'm feeling a lot calmer since last time I posted. I never thought of it being harassment but now I can see that yes, in fact it is. I am so glad I have found this site, it has helped calm me by reading the other threads on here and others success stories.

I shall just sit tight for them to come back with the cca now and post up what they send. I did see a post on here (trying to find it again now) where someone had an agreement from Egg and it looked very familiar. Will have to wait and see what they come back with though to confirm this. Still no idea what I did with the darn thing, could kick myself I really could

London - That's a good letter you have there, I may well just use it when I get a reply from CQ, thank you

 

Kate - Thank you for your reply I need to try and take deep breaths I think! It doesn't help I have a lot of other personal stuff going on right now but I think with the help of the forums, I can deal with this once and for all.

 

Re them coming to my house, it said in the letter that they sent that they want to hand deliver a stat demand. Now I have sent off the cca to CQ would they have to wait until CQ have sorted the cca until they can do this?

 

Thank you all once again, I really appreciate the support

 

Trina p.s. please excuse any typos, typing while a two year old is sitting on your lap trying to touch the keys is a task in it's self!

[babybear39]

CQ cannot take any action re an SD if they're in default of your CCA request. They may try to get it served before they enter a default situation though. The reason they're using RC is that the OFT have warned some DCAs about issuing SDs when they have no intention of following them through to a BR petition.

 

If CQ or RC post an SD to you, keep the envelope as this is then evidence of the methos of service. SDa are supposed to be served by hand to you personally and if they can't do that they may as RC to put it through your letter box and then they'll have to make a whitness statement with regard to the method of service. Posting SDs is not regarded as an acceptable way of service.

[harrassed senior]

Also, and please do not be alarmed, if you do received an SD (Statutory Demand), you will have 18 days to have this set aside (assuming it is correctly delivered), so do let us know asap so that we can help.

[Kate987123]

Hey Duracy,

 

Sorry can't answer you statutory demand question (but I see others already have so that's ok). I'm in the same situation as you in that I only got my CCA requests off a few days ago and the waiting is v frustrating as I just want to get it all resolved. However, thanks to this forum (and the kind people who helped me out!) I'm learning the right way to go about getting it sorted.

 

Don't worry about whether or not they have an enforcable agreement yet, just post up whatever they send you (if anything) and someone will be able to help you out. If we receive responses they should be around the same time so update your thread and I will do likewise

[Duracy]

Hi all,

 

latest on this problem, my request for my cca arrived today. I have attached the agreement. Basically all that came was what is attached and a mandate form for direct debt all stapled together. A letter from cq saying that enclosed is my cca which I asked for which was sent previously in may last year (The one I have misplaced) and a statement of account which shows my one pound token payment up until last year when I stopped paying it.

 

The attached is quite poor but this is what it looks like anyway, it's not due to the scanning or saving of it. Also, if I recall rightly, the one I misplaced was actually a black and white photo copy where as this looks to be the original which they must of got faxed from Egg.

 

Nothing more from rc which I am pleased about. I'm feeling a lot more positive now I have support here.

Any ideas on what my next move should be?

 

Trina

 

Forgot the links sorry

 

 

 

 

just a quick bump

[Pinky69]

Read this thread for reasons why these agreements are unenforceable:

 

Response to our Egg CCA request - Please Help !