Capquest threat!!!!!!

[elrib]

capqeust threat.doc

 

Hi All

 

would like some input into this letter from Cap-pat,

This is the second letter first one just said, this debt has been referred to them by the QC sent one back ie Who are U.

 

Then got this one which I think could be banging on the doors of CPUTR 2008.

any thoughts on best way to send reply.

Thanks

Elrib.

Edited October 13, 2011 by elrib

[dx100uk]

unapproved att as your details can be seen

 

thats a std phishing letter

let them play their cards first

 

dx

[Bazooka Boo]

"lets work on this together" Ha ha ha ha ha ha ha how absolutely ridiculous, what a joke.

 

I like how they have circumnavigated the truth in their puerile missive, very very misleading, forward a copy of that onto the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

What they fail to tell you is that in order for them to obtain a CCJ, they will have to own the debt under the law of property act, if they don't own it then they can only advise their "client" to take legal action against you, then you will need to have received a court summons, which is just an invitation to go to court, where you will be able to put forward a defence, which they will have to argue against and provide relevant documents etc to win.

 

A CCJ issued by default, will have a damaging effect on them which they also negate to tell you.

 

All in all, it is a pathetic attempt to worry you into contacting them, it's nothing more than them willy waving.

 

What, if anything, do you intend sending them next?

[BRIGADIER2JCS]

subbing

[Bazooka Boo]

subbing

 

You'll get ROP's Brig..!!

 

Use the "Thread tools" link at the top of the thread just above Post#1...

[BRIGADIER2JCS]

Yes Boo naughty I know but

the Bl**dy thing wouldn't

work:madgrin:

[Bazooka Boo]

Thats the sort of response I would expect from a Gunner....

[elrib]

hi bazooka boo

 

Not sure what I will do as yet may just report it OFT. and just see what delight they send next.

 

E.

[Bazooka Boo]

Yes agree, see what other puerile missives they send you and let them continue to dig their own hole.

[consumeredge]

If you report them to the OFT might be worth mentioning this.

 

Section 82 Consumer Credit Act 1974 the new directive issued, which reflects the new European Union Directive Assignment of Rights

 

16. ASSIGNMENT OF RIGHTS

 

16.1 Where any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

 

 

16.2 It is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

 

 

16.3 Notice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

 

 

16.4 Where notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

 

 

16.5 The definition of "creditor" in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party."

[consumeredge]

I'd be inclined to ask in what capacity are you acting; on behalf, or as assignee? then report them to the OFt mentioning the following. I'd also confirm in writing to Capquest you have reported them

 

Section 82 Consumer Credit Act 1974 the new directive issued, which reflects the new European Union Directive Assignment of Rights

 

16. ASSIGNMENT OF RIGHTS

 

16.1 Where any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

 

 

16.2 It is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

 

 

16.3 Notice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

 

 

16.4 Where notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

 

 

16.5 The definition of "creditor" in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party."

[theghost]

 

What they fail to tell you is that in order for them to obtain a CCJ, they will have to own the debt under the law of property act, if they don't own it then they can only advise their "client" to take legal action against you, then you will need to have received a court summons, which is just an invitation to go to court, where you will be able to put forward a defence, which they will have to argue against and provide relevant documents etc to win.

 

A CCJ issued by default, will have a damaging effect on them which they also negate to tell you.

 

 

what rule/law does it break in terms of misleading by failure to tell you something?

[BRIGADIER2JCS]

OFT Guidance on misleading debtors as

to the status of the debt, and the consultation

document by the CSA and OFT on debt

collection letters.

[Bazooka Boo]

what rule/law does it break in terms of misleading by failure to tell you something?

 

No laws, unless you believe statutes, acts and legislation, are laws?

 

Guidelines as Brig has already mentioned, not really sure what your getting at sorry??

[theghost]

Well you sugested reporting it to the OFT sp there must have been some breach of a statute or OFT guidance - hence I was wondering what in particular as nothing in the letter stood right out.

[Bazooka Boo]

They are assuming that if they take legal action they will win, this is misleading to debtors and exploits a debtors lack of knowledge, the continually harp on about a CCJ, which is again meant to exploit and intimidate the debtor.