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Capquest LBA


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Hi, have you found out if capquest have bought the bedt and have the proper documentation, i.e. original signed agreement and original deed to your loan/debt. send a letter off (see below)and they have 14 days to answer and produce the above or you can get the debt written off. they are bound by law by the consumer credit act 1974 to produce within 14 days....

 

Here's a letter i have sent to the same

 

CapQuest Debt Recovery Limited

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

Your name and address

date

name of creditor (natwest, RBOS etc)

CapQuest Reference Number – xxxxxx

 

Dear Sirs,

 

Please be aware that I no longer acknowledge the above debt to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account.

I enclose a £1.00 postal order in payment of the statutory fee for the account as above.

 

I also require that you supply signed true copies of the Deed of Assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with (natwest, rbs etc) into the validity of the original amount that was claimed to be owed, and will be in contact with you again in due course. In the meantime please be aware that I consider this matter to be “in dispute”.

 

 

Yours faithfully

your name

 

Hope this helps........

p.s. they tend to send these letters to scare you......but be careful just in-case, send the letter recorded.

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This is what I have been hoping lol. I just didnt recall anyone actually having an LBA before, and was panicking cos the letter arrived today (thursday) threatening to file court action saturday, so no time for a CCA request to arrive with them, but if its still bluff then I have time :D

 

Anyways, I have a few letters from HL Legal who as far as I can gather are disbarred from soliciting as some nice evidence, also the LBA letter basically gives the impression that once sent round a Bailiff can just enter the property:

"A court enforcement officer (bailiff) will be assigned immediately to attend your address as endorsed on the warrant. The Bailiff will take an inventory and levy goods. You will be informed that the bailiff has impounded the goods"

 

Now is that skirting the law? it doesnt say he will try and gain peaceful entry or anything, just that he will come around and levy goods...

 

Also I have never received a deed of assignment or notice at all, that they have bought the debt, merely a demand out of the blue for money.

 

Strangely also, is this any indication that they found my new address through dubious means, is that the address is spelt wrongly, so i can tell when a capquest letter has arrived - and sent the last one back as return to sender, so maybe this triggered a nasty LBA threat.

 

Lowell Finance have my new address also and have been sending letters, over a bank account thats mainly charges, so I am going to CCA them, they wont have it of course being a bank account and i never signed anything ;) then take barclays for the charges and offer them to Lowell as full settlement. Lowell at least had the decency to send a Deed of Assignment as first contact.

 

can I take it lack of a Deed from Capquest is a strong indicator they won't be able to fulfill the CCA either?

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yep i also had this - i like a fool paid them monthly for some time - i have now stopped and today they put a default against me when they are in default - cheeky feckers!

 

i am making complaints about them atm, and as soon as Natwest and Halifax comply with the DSAR i sent them i will be able to caluclate how much i paid them and claim it back (as far as i can see)

 

I had 3 LBA letters off CrapQuest - they then called me and i had all the answers off this site - needless to say they hated it and hung up - they do this all the time

 

:)

People who haven't made mistakes, haven't made anything!

 

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yep i also had this - i like a fool paid them monthly for some time - i have now stopped and today they put a default against me when they are in default - cheeky feckers!

 

i am making complaints about them atm, and as soon as NatWest and Halifax comply with the DSAR i sent them i will be able to caluclate how much i paid them and claim it back (as far as i can see)

 

I had 3 LBA letters off CrapQuest - they then called me and i had all the answers off this site - needless to say they hated it and hung up - they do this all the time

 

:)

 

I don't mind paying what I owe, but Capquest so far have failed to provide any proof, just an extremely rude phonecall (where i wouldnt confirm identity, wondering who the hell they were till i checked the phone no) he then said, fine we're sending people round your house, and at this point I hadnt confirmed who i was!! followed by demands in the post, that along with all the other posts i have seen on them here and grumbletext has right got my back up frankly. If they cannot fulfill the CCA request then I will either tell them to feck off and forget it, or maybe use it to get a repayment balance and schedule that more reflects what they paid for it, afterall they would be in my hands with no CCA ;) Id rather negotiate a wicked cool deal with them than forget it though, dont like having these debts over my name, though its probably close to statutory limit.

 

Its what gets me with DCA's who have bought the debt, if they made initial contact with a polite letter, and Deed, saying you owe us x amount, we have bought the debt, and so on, people would be far more willing to pay up, and they wouldnt be getting all these lovely CCA requests, they sadly reap what they sow.

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Its what gets me with DCA's who have bought the debt, if they made initial contact with a polite letter, and Deed, saying you owe us x amount, we have bought the debt, and so on, people would be far more willing to pay up, and they wouldnt be getting all these lovely CCA requests, they sadly reap what they sow.

 

agreed!

 

i have to say it works as i never pay DCA's without the documenst - then 1st credit wrote a relly 'nice' letter saying tehy had brought it and wouel i be interested in pay 50% as a final settlement or i could spred it over £10 a month payments

 

i paid 50% and heard no more :O

People who haven't made mistakes, haven't made anything!

 

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We are also dealing with CQ. Sent the CCA letter and received a '28 day hold on account' letter back... Then after the 12 day deadline for producing the deed of assignment (they didn't and they are now in default and the debt is unenforcable), they show up with only one credit agreement which proves only that there was a contract with Egg, not CQ. So by the 26th of Sept it will be 30 days since the 12 day deadline and they will have comitted a criminal act and we can report them to trading standards.

 

Also, seeing as we have all our bank statments, we have worked out how much we have paid CQ and have the LBA ready to go for full repayment of everything we sent them. So roll on the 26th and then we begin the process of getting our money back!

 

Go get 'em!

 

KJ

WON!

Cahoot - Prelim 18/8/06 - LBA 1/9/06 - MCOL 15/9/06

GE Money - Prelim 10/8/06 - LBA 1/9/06 - Cheque arrives 7/9/06

HSBC - Prelim 5/8/06 - 10/8/06 - LBA 18/8/06 - Partial offer 24/8/06: Rejected - MCOL 7/9/06 - 21/9/06 Full Offer & Confidential.

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Hi , recieved a letter from C.Q. today 21.09. They confirmed that my account was on hold for 28 days (surprise! surprise!) whilst they obtain the info required......(they don't seem to have any grasp of this whatsoever do they?) If they state they have purchased my account from my creditor, why don't they have the documents at hand or on file......seems a bit suspect to me!

Anyway they have to the 30th until the deadline and then it's LBA time to get what i have paid to them back approximately £600-00 + 8%.

Can i report them to the office of fair trading for non compliance, reference the Agreement and Deeds, and have the debt written off via the unenforceable route? somebody please advise......

Regards T.D.:)

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What I have been wondering is, Capquest have purchased the debt, therefore there is no longer any contract with the original creditor, they no longer have your permission to pass your data onto other parties. So by sending some a letter saying they are waiting to get the forms from the original creditor, is that not a written and clear statement that they are planning on violating/breaking Data Protection rules?

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Good point, they say they have the account on hold for 28 days whilst they obtain the info required, where are they obtaining this info and is it a clear breach of the Data protection act asking the old creditors for the same? they have nothing to do with the debt now as it is now sold on..........

MMMMM let me think!

Regards T.D.:)

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Hi folks,reference the letter from them dated the19/09 (Last thread)another letter from Crapquest arrived 21.09 stating the debt had been bought from Clydesdale! (nothing that they have already stated!) They are now threatening me with solicitors etc etc etc.....pretty stupid of them when they sent me the letter stating my account was on hold for 28 days pending them obtaining the correct info. They are even asking me for proof of payments and documents to help them resolve the matter, no mention of original agreements or title deeds of assignment. I don't think they have got any idea of what the CCA 1974 covers and states in the legislation! roll on the 12 days and then 'Unenforceable!!!)

I;ll keep you posted...Anybody in the same sinking boat?!

T.D.:)

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yeah we're all in the same boat - you only need to search capquest on here to see that lol.

 

they write to me and say my account is on hold for 28days every time i write to them..its just their standard response they dont actually hold action - i'd love them to try and CCJ me so i could go to court and show them up - but this will happen soon as i'll be taking them to court for my money back soon - see my thread for details (clickable link in signature)

People who haven't made mistakes, haven't made anything!

 

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Hi Treacle,

Yes I,m in the ame position, a little further dowm the line though.

 

The could not prove I owed the debt they were chasing, following a CCA request. They put the account on long term hold, which is BS as this term doesn't legaly exist, whilst they returned the debt.

 

I'm lucky because they dont have my phone number, however every 28 days a computer generated letter used to appear, theatening alsorts of further action.

 

So I sent the following, extract from a letter which to date, has finnished there harrasment.

 

"At your request, I have afforded you adequate time and process to produce these alleged documents. Consequently, your failure prompts me to focus your attention on the content Consumer Credit Act 1974 (Sections 77 - 79), which should clarify both your current position and future direction. Further more, threats to recover an unenforcable debt constitute harrasment. Investigation further suggests that, failure to supply these documents could be a criminal offence that also attracts a fine, should it be reported.

Also take note, that any future contact or correspondence, contrary to the above, from yourselves or your representatives will be gratefully received, classed as continued harassment, and passed on to the relevant authorities for further validation of my position, including the Police. Any legal action you may contemplate will be vigorously defended, contested and a counter claim issued.

 

Without ambiguity, I trust I make myself perfectly clear and."

 

Result....!!!

 

Regards.......Turnaround

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Hi Turnaround, quick question, did you send that letter to capquest after you allowed them the full 12 days. i also take it this was a no show of the legal docs and agreements that you require under the CCA 1974? Let me know as capquest have until the 30th of September (this week!!!) to cough up....Would be great to send them that letter of yours to then give them a good old worrying time!

I'll let you know how i get on.....

Cheers T.D.:) :)

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i sent something along similar lines and got a responce back stating they basicallly didnt care and it said

 

"in reference to your request for all moneies paid to be returned, i must stress this will not be the case"

 

lol - it was the only non computer generated letter i have recieved from them!

 

have sent for my bank statements to prove how much i paid via Direct Debit to them and then i shall LBA them and no doubt court action for a refund - they will have to pay up then!

People who haven't made mistakes, haven't made anything!

 

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Hi T.D.

 

This letter was sent to the MD, because he's responsible for his employees action, and after the one month period that follows the 12 day's. A little more than i should to be fair.

 

Mr Michael Daniels

CapQuest Group

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

 

He must of known that, by sending more threatening letters would further enhance my position. And as the alleged debt is now unenforcible they can only ASK for payment, not take or threaten any further action.

 

Always remember that these guys (DCA's) have no more rights than your next door neighbour.......they only hope you do not know your rights.

 

Regards....Turnaround

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Guest 22pilgrim

Does this mean that the debt is unenforceable forever or can it be resurrected Capquest find the correct orginal paperwork ?

 

If the debt is in fact now unenforceable, presumably there will be a default entry on file which will now never be marked as 'satisfied'. Would the best way to tackle this be by taking up Data Protection Act issues with the Credit Reference Agencies (CRAs) ?

 

Finally Capquest are dealing with me over an Egg credit card debt. I has always assumed that they were acting as collection agents. However, judging some some of the posts here, they may well have bought the debt. Does anyone know which is more likely?

thanks.

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Does this mean that the debt is unenforceable forever or can it be resurrected Capquest find the correct orginal paperwork ?

 

If the debt is in fact now unenforceable, presumably there will be a default entry on file which will now never be marked as 'satisfied'. Would the best way to tackle this be by taking up Data Protection Act issues with the Credit Reference Agencies (CRAs) ?

 

Finally Capquest are dealing with me over an Egg credit card debt. I has always assumed that they were acting as collection agents. However, judging some some of the posts here, they may well have bought the debt. Does anyone know which is more likely?

thanks.

 

Normally some of their letters would say Debt Purchased from Egg somewhere at the top.

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yeah it would usually say however you should have had a letter from egg confirming this too or else anyone could be trying to collect the money!

 

i had a letter once that said my debt had been passed back to Halifax...but a few days later i got another one saying this was not the case and it was computer generated - i no like the computer :(

People who haven't made mistakes, haven't made anything!

 

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I received one of these LBA letters too, (dtd 25/9) having ignored letters from Telogram and HL Legal, who I believe are all related and contain no information other than a demand to call a premium number. This is the first time I have had a letter from Capquest and here it is.

 

'YOur account has now progressed through our pre-litigation system with the relevant validations and checks now complete. Your account will now be passed to our solicitors for legal action to commence on or around 29th September

 

'Once the litigation progress has been instigated and a judgement granted we will enforce the judgement with a Warrant of Execution. A Bailiff will be assigned immediately to attend your address as endorsed on the warrant.

 

The Bailiff will take an inventory and levy goods. You will be informed that the Bailiff has impounded the goods and you will be asked to sign a Walking Possession agreement, acknowledging the impounded goods are in the possesion of the Bailiff. If full payment or a satisfactory offer of a payment plan is not made, the 'Bailiff is authorised to remove the goods to pay the debt.

 

A walking possession agreement means that the goods have been seized now legally beling to the Bailiff and can be removed at any time. However they will remain in your home and you can continue to use them providing you keep to your side of a the agreement.

 

The fees charged by the bailiffs will be added to the amount owed. Any additional costs for removing and selling goods will also be added to the amount you owe. Remember that goods sold at public auction typically sell for about 10% of their original value. This means that if you owe £50 a bailiff may seize goods to the value of at least £500.

 

Be in no doubt, failure to repsond within the time stipulated willresult in lkegal action being instigated and we will utilise the legal system to its full extent to ensurre that this account is settled.'

 

Had I not fond this site it would have scared me to death. I sent off CCA yesterday, lets see what threats I get next.

Halifax paid out in full £3054 :D :D :D

4yrs later.......here we go again:(

 

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thats the letter i've had (3 times lol) - your reply will be short and sweet:

 

"thank-you for your letter, your commenst have been noted and passed to the relevant department for processing.

 

In the mean time we have placed your account on hold for 28days"

 

what that means is we dont have the documents we will send you a forged deed of assignment after 3 months and we will not really hold your account we'll call you 8 times a day and write to you using solicitors headed paper (of a firm currently in liquidation!)

 

dont answer the phone to these people and stick to your guns!

 

12days from CCA dont worry about it 30days extra and you can report them to the trading standards etc etc and forget about them.

 

by all means pay the debt off to the original creditor (if one exists as CapQuest like to fish for very old 6+ account and indeed chase the wrong people for them!) but dont pay CapQuest anything untill you have all of the documents outlined in your CCA rquest.

 

*rant over*

People who haven't made mistakes, haven't made anything!

 

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  • 1 month later...

hello

tonight I had a call from this crowd for a debt that was originally £696.18 and now £1036.

The caller insisted I had not responded to several letters......I havent recieved anything since feb 2002 and that was from littlewoods index! What has frightened me is that he said they will make me sell the house to pay the debt....I'm working but got three children and would in effect be homeless...I offered to pay £12 a month which I know is not a mind blowing amount but thats what I can afford. He laughed at me and thats when he said I either pay the full amount or they'll take me to court and I'll loose my house....at that I was in tears and said I'd call them back. I know I should have paid in 2002....but I havent. Does anyone know what I can do...please

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Do not respond to these idol threats - they have taken no-one from any of the internet forums i use to court in the past 12 months - ignor the calls and wait for the 'official looking' letter off them (it will come either on solicitors paper or will state LBA or similar) when you get this respond to them with an CCA template of here - they call you to see if they have the correct person before they waste time posting stuff to you...dont pay them anything and do NOT speak on the phone any more - respond only with a CCA request and the £1 fee :)

People who haven't made mistakes, haven't made anything!

 

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