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    • it is not the only way to proceed and IMHO the wrong claim to raise, should you wish to raise one in an english court   if you really do want to raise the claim under consumer rights issues, i suggest you have a chat with TS again first and ask them if this is a good idea?   the pre contract info doesn't exist nor is applicable because you nor he ever entered into any contract covered by any consumer rights. he illegally sold you, a member of joe public, a car using a strictly traders only method.   i would hope TS point out the above and p'haps suggest you raise a different claim possibly encompassing this mis-sale and that you had no knowledge what he had ultimately done is illegal, nor that you ever agreed to do it anyway, as you now realise as a member of joe public, not a trader, you couldn't. you might even find TS will help, support and be involved with you in court regarding this too.   as it stands with cards on the table, he is under no obligation to pay for collection of the vehicle, you don't want to risk returning the car and never getting your moneyback - it's a stalemate where he is smiling still until you raise the correct claim.   although you have issued , 2 is it now, court warnings, it might be better to finally issue one correctly stating what you are going to do, then he might realise the penny has finally dropped and the game is up. there would be no harm in stating that to avoid such actions, should you pay me back by bank transfer the sum of the car and my initial transportation cost of xxxx, making £xxx in total by xxxxx date, i will not raise the claim.   The situation would then be far more serious for him and he might capitulate, inc refunding transportation costs, in the want of not being exposed in court, as there are numerous well publicised court cases whereby by traders have been hammered hard for pulling doing this scam on joe public.   another advantage of doing the above is you might get to keep the car for free, get all your moneyback.            
    • Hey guys came across this site today wow how great is this :) anyway.  here is my story    Car found on autotrader  £1800 merc  mot  vgc blah blah and stated had recon / gearbox fitted  / spoke to the garage selling the car and asked if they would take my faulty bmw in px it had issues which were explained to the garage  he said £900 cash and my car ok deal done  i drove to manchester in my car the owner was all chat and praise for the car he was selling and told me how it dropped its oil from the gearbox and how they fitted a new gear box so i thought ok im all good to go  deal done drove home  its now 3 weeks later and the transmission has failed :(   green flag recovery   i tel the garage this morning after looking into my rights  and explained the situation the person i spoke was  trying to say its was his dads car and basicly tuff luck buddy we aint helping u and telling me about the problems he fixed on my old car rather than help me with the current problem  the call ended as was in mid speak  when he just hung up on me :(  i text to explain thats no way to treat a customer  i have now written the standard letter as i found a template elsewhere  giving them 14 days to respond  I would like a little help with a follow up letter or my route to action after 14 days  as i dont think ill be getting a reply from them  regards patrick     
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    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
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CapQuest chasing brother for debt he doesn't owe: help please


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Hi!

 

Two weeks ago my brother received a letter from CapQuest telling him that they were chasing a debt. The problem is that the debt is owed by a woman that my brother has absolutely no knowledge of. The only connection is that they share the same surname.

 

My brother lives in a new build and is the original and so far only tenant (his landlord is the local housing authority). No one else has ever lived at the address, and no one of the name used by CapQuest.

 

Added to this my brother has never heard of the company the debt is owed to nor does he have any knowledge of how CapQuest have put the ladies name with his address.

 

I downloaded the appropriate letter for him to send to them telling them that they had the wrong person and the wrong address.

 

Yesterday, (19th August 2010) he received another letter still addressed to the same lady, informing him that it had been passed to CapQuest's legal department and that they would pass it to their solicitors by 23rd Aug is they heard nothing back. They have ignored the first letter and are still insisting that this lady lives at my brothers address, and threatening legal action.

 

I want to know what action should be taken next? The first letter has obviously been ignored and they are insisting that this lady they are chasing is living at my brothers home. He is upset and angry and fears that they will try and take him to court and make him pay for a debt that he has no knowledge of. Thank you.

capquest.jpg

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Will the local housing authority help by issuing a letter stating that your brother has always been the sole resident.

 

With companies like CapQuest they can just keep being really silly and will think that your brother is hiding this women in his house. This is why I have suggested getting a third party to confirm the occupancy information.

 

Your brother needs to check his credit record to make sure he has not been linked in anyway. If he has, he might have grounds to seek legal redress for compensation.

 

 

He should check with all credit reference agencies e.g. Experian, Equifax and call credit, as companies will report to different agencies, so records will differ. They all offer a free trial period, but he needs to remember to cancel or he will get charged.

We could do with some help from you.

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Personally, I would just send the letters back in the post RTS not known at this address, and ignore their childish threats, it IS NOT for your brother to prove that this debt is nothing to do with him, it is for them to prove otherwise, by entertaing the fools either by letter or telephone, will only encourage them, so DON'T CORRESPOND with them AT ALL.

 

You don't even need to go to the trouble of getting any third party involved to confirm his innocence, again by doing this it will merely encourage them more, so send the letters back in the post, and ignore the fools.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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yep

return to sender

unknown at this address

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks for all the advice. Letter has been returned with RTS and Not Known At This Address on envelope.

 

Wrong thing to do in my opinion. The letter could have been used as evidence and now has been sent back to be consigned to the bin at the debt company.

 

Failure to deal with this head on, will only mean more harassment and problems. Next time your brother wants a mobile phone contact, a mortgage or other financial product and he gets declined, he will regret not doing anything. If his credit records have been linked to this person in error, he has the chance to sort the matter out and claim compensation from those that have misused and mis reported his data.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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??

a dca cannot put anything on anyone's cra file just because they 'think' someone lives at that AD......

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Well no, but knowing what they can and can't do has never stopped them doing, and, for the most part, getting away with anything they choose!

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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??

a dca cannot put anything on anyone's cra file just because they 'think' someone lives at that AD......

 

dx

 

I mentioned this, as it appeared from the OP's post that there could be a case of confused identity. As we have read, they do make mistakes and have paid out thousands in compo to a few Caggers, where they have done this in the past.

We could do with some help from you.

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Wrong thing to do in my opinion.

Failure to deal with this head on, will only mean more harassment and problems. Next time your brother wants a mobile phone contact, a mortgage or other financial product and he gets declined, he will regret not doing anything. If his credit records have been linked to this person in error, he has the chance to sort the matter out and claim compensation from those that have misused and mis reported his data.

 

Fantastically ludicrous UB, when has a litigant ever been put to strict proof that they are not the debtor in question? If a DCA/OC is so foolish to place adverse data on anyones CRF without having proof that they are indeed the alleged debtor then the CRA aswell as the DCA/OCcan be sued for damages for processing inaccurate data contrary to the DPA, which stand at a minimum of £1000 per incorrect entry.

 

To entertain these fools in a game of letter ternnis is playing into their hands, making any such reply to them will mean more harassment and problems, if they continue to pursue after being told they are barkng up the wrong tree, that is the time to go in guns blazing..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Playing into their hands it may well be, but I can almsot see their Acme Auto-Threato-Gram Machine not giving a monkey's and churning out yet another piece of loo-roll. By all means RTS it but if they send another one then keep hold of it and start playing their game, happy in the knowledge that the end result in this case will be a nicely packaged compensation claim for any number of things. keep an eye on the CRF and the first sign of anything to do with this then nail them HARD.

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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There is little to no point in keeping the letters when they are clearly chasing the incorrect person, the fact that they are chasing a female and the recipient is a male is proof enough that this debt has nothing whatsoever to do with your brother, if you send them back RTS, and simply keep a diary of events, when received, when posted back RTS, etc then that will be proof enough 'IF' it ever got to the stage of a court, which it won't, and can't as they have failed miserably to trace the correct debtor, if you keep hold of the letters they will wrongly assume that they have hit their target and continue to torment your brother by continually sending more dross, send them back RTS, there is nothing they can do except find the correct person.

Keeping the letters will only prolong the misery.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Keeping the letters will only prolong the misery.

 

Sending them back won't do any good either, unless they are sent back with a complaint letter.

 

I have worked in financial services for one of the largest companies. Returned mail marked 'RTS', is considered low priority work and often does not get looked at properly. I would guess that most debt companies will just bin the letters on return without looking at them. Therefore they will keep on churning out letters in the belief that the debtor lives at the address.

 

I have also been in the situation of receiving loads of letters/phone calls to my address regarding a debtor that has never lived at my address. I kept just returning the letters marked RTS, but this did not stop the hassle. The only way most companies stopped is following a letter of complaint sent by recorded delivery.

 

I believe you can also contact the credit reference agencies to find out who is listed against your address and if there is a mistake you can ask them to look into any errors. The debt companies will often just go by the searches they have carried out with the CRA's, so if the CRA's records are wrong, this can be the cause of the problem.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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This probably means there is no 'correct' way of dealing with this problem.

 

If the letters are addressed to 'Mrs/Miss/Ms. then it is clear they are for a female and in theory should not even be opened but, this can be/might be/could be just a typo, someone being overly zealous somewhere along the line, I have myself received a few letters over the years addressed to the wrong gender, but were, nevertheless meant for me.

 

So, to open or not open? That is the first question.

 

Then, once you realise it is not meant for you, what to do, well the above advice covers most options, each way will have its' good and bad points, so it then comes down to personal choice. In my personal opinion, all courses are possible,but the results may differ.

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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Agreed, it is for the OP to decide on the advice that has been given, I agree with UB that they simply toss the RTS letters in the bin without taking any notice of them, hence why my Mother is pulling her hair out with muck hall who don't understand I don't nor ever have lived their, half of me wants to ring them up and say 'here i am!' just so I can bait them again..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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BB

 

I had this problem, so I contacted Rob Sands their compliance manager, who apologised for the errors. Shortly afterwards, I found out that an offshoot of MH had contacted neighbours asking who lived at my address, as they did not believe me that my relative they were chasing lived abroad. I phoned them up and gave them a right b*llocking.

 

What I think is the case with most of the bottom feeder DCA's, is that they are very badly run. They simply do not invest in staff to attend to the good housekeeping of making sure they deal with their accounts properly. Instead they spend their money on employing more and more collection staff, to keep on making the phone calls and churning out the letters. This is very counter productive and means that they cannot be maximising the potential collections they could be making. If they only spent more time in making sure they had accurate information and had a more efficient process regime, they would be doing a lot better. You only have to look at the losses that some of the DCA's have been making.

 

Not that anyone on CAG is that bothered with incompetent DCA's. Perhaps their ineffectual operating practices are good news to some and a pain in the ass for others.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Yes agreed, and if they trained their threat monkeys properly, or at all, and taught them some manners and how to use the Queens English correctly, then they might actually find that in not rubbing up alleged debtors the wrong way they may in fact collect much more money than they currently do.

 

As it is, they use underhand deceptive and dubious tactics in pursuit of their greed for money running roughshod over all they speak to or come into contact with therfore sending people this way in order to find out their rights, and they lose everytime.

 

Surely by now, the amount of complaints that have been generated about these companies, someone somewhere must turn on the light and think, "Something isn't right here" and look into it, the OFT are drawing wages under false pretences IMO.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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