RBS royalties gold account / CapQuest

[Abrigadier]

Fine but will it be too complex for their tiny

minds Aden????

Wait and see I suppose.

BRIG:madgrin:

[Guest]

....Wait and see I suppose.

BRIG:madgrin:

 

ditto

you've already sent it. so, see what they come back with.

[Guest]

Hi guys

 

Thanks for the input, just to Clarify

 

SAR - This was for RBS as it was a bank account and is not covered by CCA (or so I beleive)

 

.................

 

oh ok.

an o/d does though become subject to the cc act as it is 'running credit'. but, there was no requirement for an actual cc agreement as such as they would claim 'exemption'. but, they should've sent an o/d facility letter at the time or soon after outlining the o/d and its terms.

[adenjago]

Hi guys

 

I assume o/d stands for "old debt" ??

 

Just received the following from Robinson way in response to my above letter

 

the documentation as mentioned previously is a "guaranteed acceptance letter" not a CCA

 

Removed because personal details showing

 

and this one

 

Removed because personal details showing

Edited October 24, 2011 by cerberusalert

[Guest]

o/d = overdraft

[cerberusalert]

Hi guys

 

I assume o/d stands for "old debt" ??

 

Just received the following from Robinson way in response to my above letter

 

the documentation as mentioned previously is a "guaranteed acceptance letter" not a CCA

 

Removed because personal details showing

 

and this one

 

Removed because personal details showing

 

I've removed the images because your name & a/c number are still showing.

[Guest]

hold on

is this all re a bank account o/d? in which case a cca may not even be required?

[adenjago]

Hi all

 

Hope all is well, and everyone had a Good Xmas and happy New Year

 

 

just a brief summary regarding RBS

 

requested a SAR from RBS-

RBS refused as I would not provide a signature

reached a compromise that I would provide "A Signiture" at local when my SAR is ready to be collected

different bits of not useful information about phone calls\dates\diary\Glossary of Terms events been sent directly to me from different departments

I was still assuming I would sent a Letter to collect the SAR from the local branch as previously arranged

 

this morning I have received the Following letters from RBS

 

just a couple of questions now it is being sold

1. Why would it have been sold, and what does it mean ? as I was in correspondence with them, can't RBS be bother to chase due to the amount ?? or a DBA would have more luck ??
   
2. The letters mentioned it will be administered inline with CCA, previous correspondence with RBS said it was not covered via the CCA
   
3. Do I have to go through this loop again or is this still dispute as I still have not received my SAR as previously arranged
   
4. What are the implication of it "being Sold", I don't fully understand the difference CapQuest are still a DBA ?
   
5. some of the threads on here paint Capquest in a very good light
   
6. What should be the next Letter to CapQuest (i.e. the standard revoke of there right to make a doorstep visit)
    
   once again thanks in advance
   

Edited January 3, 2012 by adenjago

[citizenB]

RBS and HBoS have been dumping all their "disputed" accounts .. This is probably so they can be written off their books.

 

I too am surprised that it has been sold on whilst still in dispute, but it is happening more and more.

 

If it is your intention to contact CapQuest, you should make it quite clear that there was and still is an unresolved dispute with the Bank. That you do not believe that CapQuest are in a position to resolve that complaint and therefore you have no intention of using them as an intermediary. Make it quite clear that all communication is required in writing.

[BRIGADIER2JCS]

RBS and HBoS have been dumping all their "disputed" accounts .. This is probably so they can be written off their books.

 

I too am surprised that it has been sold on whilst still in dispute, but it is happening more and more.

 

If it is your intention to contact CapQuest, you should make it quite clear that there was and still is an unresolved dispute with the Bank. That you do not believe that CapQuest are in a position to resolve that complaint and therefore you have no intention of using them as an intermediary. Make it quite clear that all communication is required in writing.

 

The number of ''Final Responses'' being made on the accounts

of both banks is increasing rapidly, thats all they need to do, just

state that any dispute is over.

[citizenB]

adenjago, I have just realised that your posts 207 onwards is for a different issue to the one the thread was started for ? You might want to start an RBS/CapQuest thread so things dont get muddled.

[adenjago]

adenjago, I have just realised that your posts 207 onwards is for a different issue to the one the thread was started for ? You might want to start an RBS/CapQuest thread so things dont get muddled.

 

okay but Should I start that in here or under the Banking sub-forum ???

[citizenB]

Start it in the same forum as this thread.. General Debt Issues.. If you just scroll to the top of this page.. click on "General Debt Issues" it will take you to the sub forum and you can just hit the "new thread" button

[adenjago]

adenjago, I have just realised that your posts 207 onwards is for a different issue to the one the thread was started for ? You might want to start an RBS/CapQuest thread so things dont get muddled.

 

okay but Should I start that in here or under the Banking sub-forum ???

[citizenB]

Erm, same answer as I gave in post 212 ?

[adenjago]

okay, sorry for the duplicat post..not sure why that happened maybe because I was doing it from my phone ??

 

New Thread for RBS\CapQuest

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?332542-RBS-CapQuest

Edited January 5, 2012 by adenjago

[adenjago]

As prevously requested I have seperated the RBS part from the below

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?305755-Robinson-Way-\-Harwich-Farrelly-issue

 

as RBS have now sold the Account to capquest as of a recent letter...

 

I have posted from 207 on 03/01/12 of the Previous thread - so as to stop people jumping between threads

 

just a brief summary regarding RBS

 

requested a SAR from RBS-

RBS refused as I would not provide a signature

reached a compromise that I would provide "A Signiture" at local when my SAR is ready to be collected

different bits of not useful information about phone calls\dates\diary\Glossar y of Terms events been sent directly to me from different departments

I was still assuming I would sent a Letter to collect the SAR from the local branch as previously arranged

 

this morning I have received the Following letters from RBS .....

 

just a couple of questions now it is being sold

1. Why would it have been sold, and what does it mean ? as I was in correspondence with them, can't RBS be bother to chase due to the amount ?? or a DBA would have more luck ??
   
2. The letters mentioned it will be administered inline with CCA, previous correspondence with RBS said it was not covered via the CCA
   
3. Do I have to go through this loop again or is this still dispute as I still have not received my SAR as previously arranged
   
4. What are the implication of it "being Sold", I don't fully understand the difference CapQuest are still a DBA ?
   
5. some of the threads on here paint Capquest in a very good light
   
6. What should be the next Letter to CapQuest (i.e. the standard revoke of there right to make a doorstep visit)
   

 

 

as mentioned in the previous thread I will send both RBS & cap quest a Account in Dispute Letter and should I be putting a complaint in to anyone

[citizenB]

Make sure that CapQuest are aware there is an unresolved dispute between you and RBS. Also ask for CapQuest's complaint procedure JIC

 

If RBS have not complied with your SAR request then you have two options.. Information Commissioner or issue a claim for non compliance against them

 

You could mention in your letter to CapQuest that you are considering issuing the claim against RBS for non compliance of the SAR.. that might see them off

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**

 

Have a read of the thread linked above.. it really is quite easy to issue a claim

[adenjago]

thanks citizenB

 

Just composed a Letter to the ICO with timelines and dates and a summary of events and letter of Account is dispute to Capquest

 

three times in 15 minutes they have just rang me at work...bloody annoyed.....I have blocked there number, as I have access to our phone system at work but I have mentioned this in my ICO and letter to capquest, as very clearly on the first call i said will only communicate in writing....and a letter will be with your shortly

 

is this how it is going to be capquest......they are numpties ????

[rebel11]

Thread moved to correct forum.

[adenjago]

thanks Rebel...sorry I did ask which forum to create it an as it an RBS and only recently this month Capquest got involved before creating it in the General Debt forum...

Edited January 9, 2012 by adenjago

[debbbbsy]

If its been sold, shouldn't you be informed by way of an official 'Notice of Assignment'. This would state exactly what date the account was sold, and what type of assignment. I don't think this letter constitutes a lawful transfer.

 

If Crapquest phone again, ask for a copy of the Notice of Assignment, you should have recieved and a copy of the Deed of Assignment, proof that a sale took place between RBS and Crapquest.

 

Personally I wouldn't give Crapquest so much info. Send them the account is in dispute letter, no notice of assignment, don't threaten me or else, basically get lost....short & very brief..

 

Debbie

 

Crapquest can't initiate or threaten legal action until they prove they legally own this account. A letter from CMS is not sufficient.

 

CMS at Telford are idiots.

[adenjago]

Thanks for the help debbie

 

I also found out last night, that a company (the lady who is a pensioner, can't remember their name ) my next door neighbor sometime between the 01/01/12 and 05/01/12 and was asking questions about myself, duration at the current address, any dependices, if I had a veichle.....etc,

 

I have modified my letter to the ICO and will not sending a copy capquest due to as your quite rightly pointed out it contains info on there they do not need

 

I did neglect to mention I was sending a slightly modified version of the Account in dispute letter to Capquest, I will add the info about notice of assignment

 

I write to you in regards to the above account number and recently received communication from yourselves. I must admit that I am rather bemused as to why these accounts have been passed to yourselves, as the accounts are currently in dispute with the RBS (Royal Bank of Scotland) and have been since 09/08/2011. A SARS application was requested initially on 30/06/11 and to the present day still remains unfulfilled with RBS.

 

I have received numerous correspondence from RBS, regarding my SAR but as mentioned above this remains unfulfilled, and therefore have also breached *s10 Data Protection Act request , I now consider this account to be in SERIOUS DISPUTE.

 

As you should be aware while my SAR remains in dispute enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Not only is this a breach of OFT collection guidelines, but also in breach of the Section 7 and Section 15 (2) of the Data Protection Act 1998

 

I have sent letter of complaint to the ICO (Information Commissioners Office) of which RBS will shortly be receiving copies of; outlining the breach of legislation in regards to the unfulfilled SAR along with RBS now selling the Account to Capquest while said accounts is in dispute, as well the current tactics been used Capquest, calling my place of work 3 times when I explicitly made it clear I will only communicate in writing , contacting my neighbours for information.

 

As well the Account being in Dispute, I have not receive a Notice of Assignment and a Deed of Assignment so my correspondence will be directly with RBS until the Account in Dispute is resolved

 

Please be advised that I will only communicate with you in writing.

 

And would also wish to make it clear that I will not receive or tolerate calls at my place of work, (I received 3 calls within 15 minutes, your number is now blocked, despite making it clear in the first call I will only communicate in writing) any further calls or attempts to contact me via phone on any numbers either at my place work or at home will be recorded.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you, Capquest or any company related to or on behalf of Capquest. Also note that whilst you have no agreement, and the fact that you are in clear breach of the OFT's guidelines on debt collection.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the RBS for resolution of these defaults and breaches, as Capquest cannot lawfully pursue any enforcement activities.

 

If Capquest chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office Fair Trading, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Edited January 10, 2012 by adenjago

[adenjago]

the above Letters have been sent by recorded delivery to ICO stating that account is in dispute as above in first letter with RBS Credit Services sent a copy

 

and a boggoff\go jump of a bridge letter to the capquest as in the previous post

 

 

all got delivered and signed for today...looking forward to what there response is

Edited January 11, 2012 by adenjago

[adenjago]

Hi all

 

I have got a response back from ICO, saying they have opened a case and requested all correspondence that I received and sent to RBS which will be sent to them in due

course,

 

Caquest however have just sent the below letters, obviously the reply will include

• The Account is in dispute as previously stated on my previous letter
  
• Include the special Delivery Receipt as proof that they have received it
  
• obviously will be included in the response back to the ICO complaint
  

 

Should I be including the OFT now in future responses ???

 

 

Letter 1

 

 

Letter 2

Edited January 23, 2012 by adenjago