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At the end of March I received a letter from Cap demanding payment for a CC. I was not convinced it was mine so sent a letter based on yours in the library re No Knowledge.

Yesterday I received the letter below.

th_Letter2Scan.jpg

Then today received the following.

th_Letter3a.jpg

 

th_Letter3b.jpg

 

th_Letter3c.jpg

The date signed by T sawyer is before the date signed by the applicant.

Can someone help as what should be done next. I do not want people coming to my door or phoning. Reading the threads this does not prove anything but please confirm.

This has come as a shot out of the blue.

Any help would be greatly appreciated.

Edited by paminn
Not clickabkle
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Hi and welcome

 

I have taken a look at the documents posted and I cannot see any Terms and Conditions attached to the supposed Agreement. Is this all they sent.

 

My advice would be to not bother answering the door as I believe they can only serve one SD and as they are saying that it is their belief they have already sent one, not sure they can issue another just because you never replied!

 

Even if they do serve it it is quite easy to get set aside, so lets not worry about that just yet. Crapquest have been issuing these like confetti over recent weeks and have been reported on numerous occasions for doing so as it is a route not to be used unless they are prepared to go for bankruptcy and that is not something they have been know to do.

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They are getting desperate at the moment, so I concur with Mozz1 send the Account in Dispute Letter and add that if they issue an SD you will be applying to have it set aside with costs.

 

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS and if, as threatened a Statutory Demand is issued by yourself I will apply to the Court to have it Set Aside with costs.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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  • 2 weeks later...

They have sent what they consider to be CCA document send account in dispute letter, mind you it would be a bit interesting to see if they send the same document in reply to a CCA request, its upto you how you play this

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 2 weeks later...

I sent a CCA request and received a copy of the same document along with 24 pages of terms and conditions which have a date at the end of Jun 10 and mention Santander in the document. Also attached was the document below.

http://i781.photobucket.com/albums/yy91/av8boy/Cap/Abbeyassign.jpg

My feeling is that this document has not been produced by Abbey.

 

Do I now take the action mentioned in the above posts or should I do anything else.

Thanks for any advice

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Abbey are part of the Santander Group. They have been for a while (states as much at the top left of the letter they sent you).

 

If you believe that the CCA they sent isn't valid, then send the Account In Dispute letter and see how they reply. Chances are that Abbey/Santander have cobbled together a "reconstituted" CCA.

 

However, they clearly state that they have sold the account to Capquest, so I'd send any further correspondence (unsigned and by Recorded Delivery) to Capquest.

 

I'd send the letter that Harrassed Senior suggests, but you will need to change the references on there from "14 days" to "21 days" as there was an error in the original template.

 

 

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  • 4 weeks later...

Sent the letter and just received a response which stating "your correspondence has been referred to the compliance department. A quality assurance officer will respond to your queries in due course and we confirm that your account will remain on hold whilst this matter is being investigated".

Is this usual practice?

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  • 3 weeks later...

huh. this is the response I got from Trading Standards to my complaint about capQuest. they can just do and get away with what they like.

 

http://i822.photobucket.com/albums/zz150/mozz11/c0549de9.jpg

http://i822.photobucket.com/albums/zz150/mozz11/e0a5218c.jpg

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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  • 6 months later...

I had not heard anything from this company and then at the begining of March I received pack through the post which had a compliment slip and a copy of a letter which was supposedly sent recorded but was returnred as never collected. I know nothing of this and the copy letter goes to great length to say what they have receieved and when they sent letters. They also say they have provided a copy of the original agreement but again I believe this has been put together as the second page is a continuation of a paragraph but does not continue from page 1. They finish by saying that "if I wish to assert that the agreement is no compliant then that would be an issue for the courts. Even if the court finds that there is not a properly executed agreement these consequences would not follow. The court in the case of McGuffick-v-Royal Bank of Scotland Plc (2009) EWHC 2386 (Comm) determined that if an agreement is unenforceable, the debt nevertheless remains due and that it is proper for the creditor to continue tp report the existence of the debt to the Credit Reference Agencies, we will not be writing off the debt and will continue to report this account to the Credit Referenec Agencies".

I have since received another letter apologising for the delay in replying and asking me to confirm I resided at an address in 2003. They have asked me to contact the letter writer directly and that the account is on hold for 30 days to await my response. "If no response is forthcoming the account will be referred to the relevant department for further investigation".

I did not reside at the property in question in 2003, they seem to be a bit confused as am I and would welcome some advice.

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  • 2 weeks later...
  • 9 months later...

Had not heard anything from the DCA since March and the account is still in dispute. However today I received a letter from mackenzie hall stating the account is overdue and have been instructed by there client to recover the outstanding balance. They have requested I contact them within 72 hours.

As the account is still in dispute am I correct in saying it cannot be passed on to someone else? Also looking at all the paperwork they sent previously the last payment into this account was July 05.

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