Jump to content


  • Tweets

  • Posts

    • Your page numbers should run through your WX and exhibits so im concerned its page x of 9.
    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.View the full article
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Capquest Help


Denzyl
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4939 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can anybody help me?

 

I have fallen on hard times and now im unable to pay the full amount on my monthly load to CITI Financial. I have been sending them letter after letter since March asking if they could freeze the interest and accept a lower payment (just under 50% of the agreed monthly amount) until my finances recover but they have never bothered to reply. I have however had letters telling me I have had charges added to my account due to non payment.

 

Then today I have received a text message and a letter from CAPQUEST saying that CITI have sold my debt to them. Interestingly I also received a letter supposedly from CITI stating they have sold the debt to CAPQUEST. Both are dated the 24th August and arrived today on the 26th.

 

Upon reading a few posts on here I looked closer at the 2 letters and it’s now crystal clear that the letter from CITI isn’t actually real at all. The idiots at CAPQUEST have clearly just typed up the letter on a cheap piece of plain A4 paper and printed the CITI logo on the top left. I have compared this to previous correspondence from CITI and they are nothing alike.

 

I then looked at the envelope the 2 letters arrived in and as expected, CAPQUESTS envelope stated it was from their office in Fleet. However the envelope used for the “CITI” letter had a different PO Box printed on the back. Further investigation has now shown me that this PO Box belongs to CAPQUEST in Bristol so its impossible for this letter to have been sent from CITI.

 

I have contacted CITI to complain that they have not written back to acknowledge my request to make a lower payment and to ask if they have any record of sending me any letter stating they were selling my debt on. They have confirmed that they have not sent any letter and I am now going to send them a copy of their own letter.

 

Im thinking they should have either acknowledged my request and also wrote to inform me they are selling on my debt but as of today, I have received neither.

 

Surely this is fraud committed by CAPQUEST but I don’t know what to do next.

 

HELP PLEASE

Link to post
Share on other sites

did you ever receive a default notice from CITI

 

it is a well know practice for DCA's to invent their own Notice of Assignment.

 

If you didn't receive a default and CITI have sold the account, then they have unlawfully terminated the account, so there is nothing for crappyquest to collect, other than the arrears.

 

You need to send a Subjest Access Request to CITI to see if one was ever issued

Link to post
Share on other sites

Is your debt a loan or credit card?

 

My advice is don't speak to them on the phone, keep everything in writing. As you said, send citi a copy of the letter and wait for a reply. Keep all letters in case THAT letter was a fake you would have grounds for making a complaint about capquest to the office of fair trading.

 

As for payment, you can only pay what you can afford. You decide the amount of your monthly payment. IF it went to court, and I say if, a judge would look at your income and expenditure and would NOT make you pay more than you could afford. Only a judge can demand income and expenditure details, everyone else can foxtrot oscar.

 

If you're unemployed then consider this, benefits are not for paying unsecured debts, they're the minimum a person needs to live on and a debtor need only pay a token amount of £1 per month.

]

Link to post
Share on other sites

Its a Loan and i am employed. I am really amazed that CapQuest can think that sending a letter with CITI's logo from their own PO Box is an OK thing to do!

I have just posted a copy of the letter and the back of the envelope to CITI Collections and also to the Head Office in London. Do you think i should write to CapQuest? If yes, what do i say?

Link to post
Share on other sites

I have only ever received Notice of Default Sums for the extra charges they were adding to my account whilst ignoring my requests to pay a lower amount. As yet, no full default notice. I am still in shock at how CapQuest have just printed a crappy letter using a CITI Logo and how stupid they were to use one of their own envelopes to post it. Is there a template you know of so i can send of the SAR? Thanks for you reply.

Link to post
Share on other sites

Hi,

The notice of assignment is a fake. Citi have acknowledged that they don't send out NOA's. That doesn't mean it's fraudulent, it just means that Citi have given CQ permission to reproduce the NOA's.

To me, that is wrong as my interpretation of the Law of Property Act 1925 s196(4) says that the NOA should be in the hand of the assignor.

 

I would send Citi a SAR. You won't get much back but you will get copies of any letter received by them which shows your willingness to repay the debt and their ignorance of you. I think it was the OFT that said creditors must treat debtors fairly and Citi are not know to be fair. You could then report them to Trading Standards

 

I would also call CQ's bluff. Tell them that this account was unlawfully terminated as you had not received a default notice. They will have to prove one was issued and Citi are notorious for not supplying information.

 

As Citi have been putting charges on, I would reclaim them.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hi Silverfox

 

I have just had another conversation with CITI Collections team and they have said that the account hasnt actually been fully sold......yet. How do go about raising a SAR? Does that have to be done in writing? Do you think i should go to the FOS? Thanks for your advice.

Link to post
Share on other sites

In that case, say nothing about unlawful termination yet.

Can you post up the letters you received (minus your personal info)

 

This is a link to the SAR template:

Letter 11

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Scan or photograph your letters. save them to your computer, open paint and use that to delete personal info then save as a jpg file.

When replying to posts, there is a "go advanced" button. Click that and there will be a paperclip. Just click on that and browse to where yor documents are saved and click. That should upload them to the forum where the experts can have a look.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hi Silverfox.

 

I have scanned a real CITI letter so you can see the difference between the real one and the one I received in the CapQuest envelope. I can’t stress enough how bad the print is and its even clearer is been printed when it’s scanned as the logo is not as perfect as the other one.

 

I have also scanned the envelope so you can see the POBox detail and the letter CDR. All have been proven to be a POBox in Bristol owned by CapQuest.

Real CITI Letter.jpg

ENVELOPE.jpg

Not really a CITI Letter i think.jpg

Link to post
Share on other sites

Not sure if i have done this correctly as they look too small for you all to read. Is there another way of getting them posted so they are larger? I have also attached the link from another thread as this person has exactly the same letter as i received apart from theirs has the Cap One Logo. I find it very strange indeed that Cap One and CITI word the letters exactly the same and even have the same layout and fonts!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?260758-Is-This-A-Valid-CCA-They-Say-Yes-I-Say-No&highlight=capquest+help

Link to post
Share on other sites

Not sure if i have done this correctly as they look too small for you all to read. Is there another way of getting them posted so they are larger?

 

Do you have a photobucket account? It's free and will show full size images.

 

Goto photobucket.com

]

Link to post
Share on other sites

Well you probably don’t need to say this but CITI have not bothered to reply to any of my letters. I have tried to stick to everybody advice and not bother calling them but I just had to…….sorry.

I’m glad I did because I am now being told that they apparently have sent out a default letter in June. However when I spoken to other people in CITI 2 weeks ago, they said there was no record of a default letter being sent!

What he actually then said was that on other letters they sent, mainly from there in house DCA, they stated that it could lead to default of my account. However I cant see the word default on any of the letters they sent apart from the Default Sums letters.

He then proceeded to say that they have left several messages for me on my mobile voicemail stating that I could end up in default. I reminded him that as per my letters to them, I have intermittent mobile phone usage due to my financial situation. Hence my request to them to contact me in writing at all times.

I reminded him that I wasn’t a “wont pay” but a “couldn’t pay” and that I have requested in several letters they accept a reduced amount until my situation improves. He stated that they tried to ring me to discuss this and that because I didn’t answer the phone, they have now sold my account to CrapQuest.

I reminded him of section 9 of the lending code states that if a customers requests contact in writing, they have an obligation to adhere. He just wasn’t interested and kept banging on about how they tried to call me on several occasion’s he wasn’t interested at all that they haven’t once acknowledged my written requests.

He ended the call after agreeing with me that it’s a waste of my time contacting CITI as they were not interested in my situation.

I am thinking of sending off a CCA request just to check this load is enforceable.

What’s your thoughts everybody?

CrapQuest continue to call me at least 5 times a day so I will be sending them the same request to only contact me in writing. They have tried some strange tactics which included calling from 4 different numbers now. The weirdest one showing on my mobile as +1-252-576-422……bizarre.

Any thoughts on my next actions?

Link to post
Share on other sites

Hi,

If you really must phone them, at least record their lies for the future (and our amusement)

 

If your account is pre 2007 then a CCA to CQ will be fine. Don't sign it but they may come back and say that they cannot fulfil your request without one

 

Have you sent Citi a SAR yet?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Bookmark this link.

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

Letter 8 to Capquest

letter 11 to Citi

 

With the SAR to Citi, you will need to give them a signature or they will stall. I would sign it but make your signature slightly different to normal, photocopy it for your own records just in case. If you have moved, give them your previous address. Send this to Citi's head office, not the data protection team. The reason being that they don't sign for recorded delivery items and you need proof of delivery.

Depending on how old this account is will dictate how much you get back.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Denzyl, by picking up the phone and calling them you are encouraging them to call you several times a day.

 

The only way they get the message is if you practice what you preach and keep everything in writing and tell them in every letter 'writing only'.

 

CCA is sent to the current owner of the debt. As for SAR I'm not sure. I think the SAR request has to be sent to the original creditor, wait for others to advice you on this.

 

Here is a link to a SAR template letter.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

]

Link to post
Share on other sites

Well that’s the CCA and the Phone Harassment letter sent off today. Both went off recorded delivery so its now 12 days and counting!!!

Thanks you my friends. You have been a great help.

Look out for my next post soon.

Link to post
Share on other sites

Hi all.

 

I have tracked my Recorded Delivery of the CCA request and can see it was signed for on the 6th but no word back as yet on the request.

 

However I have received a letter today from the HL legal department telling me to pay up or face possible court action.

 

It says as I have failed to respond to their last letter they have now appointed a solicitor.

 

Should I send these people a letter stating I am awaiting the outcome of a CCA request so they don’t bother me any more?

 

I am assuming the “don’t phone” letter has done the trick as they haven’t bothered to try and ring me at all this week.

 

Thanks

Link to post
Share on other sites

Hi,

Wouldn't bother. Your letter has possibly crossed with one of theirs

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • 2 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...