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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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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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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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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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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

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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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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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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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