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Tony1177

Capquest Going for CCJ and CO

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I got this from them today. They have previously sent me a copy of an application for a chargecard which was NOT marked as accepted and NONE of the ID tick boxes were ticked indicating that no formal ID was presented when the application was filled in. The application was in someone else's handwriting.

 

They are trying to recover a debt for a credit card but only have a charge card application to show me. As you can read on the latest letter they have sent they say it was a migration and because of this a separate CCA isn't needed for a credit card.

 

What should i do now? I've got an appointment with a solicitor through the union I'm a member of who is a specialist in CCA law next week. In the meantime should i submit an SAR to Capquest AND M&S. I'm especially keen to get hold of any formal ID that may have been used to open this account as I'm pretty sure they don't have any which is highly illiegal.

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Unfortunately, too small to read.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I'll try again. If you click on the link below I've zipped them up for download.

 

DOWNLOAD

 

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Edited by cerberusalert

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I've uploaded them for you again to save people having to mess around with zip files. ;)


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usual threatogram drivel...we may...if we obtain judgement....etc etc...it is designed to frighten and intimidate you....if you have sent for cca and received an application form as the agreement suggest you send account in dispute letter

  • Haha 1

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I got the first threat in march. Sent off for the CCA and it came back about a month later. NO ID box was ticked indicating that NO formal ID was used to open the account. Also nowhere on the application was it marked as accepted. The account has been in dispute since march, and every letter i have sent them has had "ACCOUNT IN DISPUTE" on the top. They have now sent this letter with the last couple of years statements and have said that they are perfectly happy and within their rights to obtain a CCJ and then a CO on my property. They have refused to enter into anymore dispute about this matter and will press ahead to court whether i like it or not.

 

Also are they right saying that as it was a migration from a chargecard to a credit card they don't need a separate CCA?.

 

What should i do to obtain a copy of any ID that was used to open the account? And is it legal that the appropriate tick boxes were not ticked?

 

Should a send off an SAR request to Capquest and M&S asking for a copy of the ID used and any other information they hold?

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Forgot to mention. They are charging me interest and fees every time they write to me. However at no time have i been informed of the interest rate being applied or a list of fees. Your guess is as good as mine.

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They've checked your title deeds the wafty crankers. Might be worth going to HMLR on-line to see if they placed a caution on them. Follow debt4gets advice and send the dispute letter. I may be wrong but I had thought they cannot issue proceedings while the accounts in dispute? Or am I wrong in that?


Mozzone

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Taking on the bloodsuckers

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I already put the account into dispute last march and they have ignored it.

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you have placed account in dispute end of...only time will tell if they take it to court..and i would say the chances of that are slim in the extreme...also in order to get a charge order they first have to win a ccj in court then you have to default on that and then and only then can they apply for a co

dont worry they are full of hot air

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They ignored me for a month or two and continued writing with their threats, but nothing for several months now. I don't own any property however, so that 'could' be the reason.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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you have placed account in dispute end of...only time will tell if they take it to court..and i would say the chances of that are slim in the extreme...also in order to get a charge order they first have to win a ccj in court then you have to default on that and then and only then can they apply for a co

dont worry they are full of hot air

 

to get a charging order yes, you are right. What I am referring to is a caution or notice on the title to alert others to their interest; it doesn't prevent sale etc. from memory they don't need the owner's permission or a court order to place this.


Mozzone

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Taking on the bloodsuckers

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That was 2006, nothing changed since then?

 

I personally throughout my life have never believed in sharing my finances with anyone, and it seems to be a good idea even today.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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They ignored me for a month or two and continued writing with their threats, but nothing for several months now. I don't own any property however, so that 'could' be the reason.

 

that's just what I was thinking; now they know there is a property they may have a punt


Mozzone

_______________

Taking on the bloodsuckers

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I think what I'll do is send SAR's and inform Capquest AGAIN why the account is in dispute.

And I'll see my solicitor next week too. I've spoken to him over the phone and he seems quite amused about Capquest's exploits so far.

A while ago I reported Capquest to the OFT. I got a letter informing me that they don't deal in individual cases. Today i got another letter from the OFT asking me to make a full written signed statement, as they are interested in how Capquest are dealing with me. And they asked for a copy of all correspondance from and to Capquest, this was all faxed to them today. Going to wait and see what Capquest do next and then do the statement.

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are they allowed to take him to court if he has put his account into dispute? Aren't there any OFT rules 'n' regs on this?


Mozzone

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Taking on the bloodsuckers

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there are but when has that ever stopped these idiots from doing anything..and i am fairly sure they need a court order to put anything on the title deeds..the only thing they can and do is put something on your credit file

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I know you don't need court orders to place restrictions on deeds to protect vested interests. Notices simply alert parties to a dealing with land (eg a new mortgage or sale) but do nothing more; again, no court order required. I do not know if banks, DCAs etc can or do such things. Its probably a red-herring on my part. I was just concerned that they were checking up on this bloke's property and checking up on the title is very easy on-line.


Mozzone

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Taking on the bloodsuckers

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why bump

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looks like he wants more help

 

not for you debt4get >> for those that dont know what it means - BUMP short for "bring up my post" bring you back on the first page, so others can see it and offer help etc,


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yeah just wondered what we wanted? thought we'd answered his query

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