RBS royalties gold account / CapQuest

[Guest]

aden

some of your posts show identifiables such as name, case number, ref number

[adenjago]

whoops....edited

Edited January 23, 2012 by adenjago

[adenjago]

Thinking of sending something along these Lines in regards to the two previous letters

 

I write to you in regarding your recent letter dated 20th from both Capquest and HL Legal. I refer to the Letter I sent was delivered and signed for via Special Delivery 11/01/12 which outlined the breach of legislation in regards to the unfulfilled SAR along with RBS now selling the Account to Capquest while said Account(s) is in Dispute which was also sent along with your previous correspondence to the ICO (Information Commissioners Office) who have responded and acknowledged my request and due to the seriousness of situation will opening a case and will also by advising myself in due course how in proceed in regards to my next course of action against yourself and RBS (Royal Bank of Scotland)

 

I have included both the Special Delivery Receipt and my previous letter dated 09/11/12 the that you have blatantly ignored.

 

I believe in my previous correspondence made the Situation quite clear between myself and RBS and therefore this negates any action that can be taken by Capquest.

 

I feel no need to repeat any more previous information that has been contained within my previous correspondence with and ask you to refer that, or a copy of the previous letter that was sent via Special Delivery to Capquest which I include for your convenience.

 

Consequentially any legal action that you or any related company (including but not limited to HL Legal) 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.

[citizenB]

Hold on, hold on.. the letter from CapQuest in post 10 says..

 

"Any claim will be issued in the name of Royal Bank of Scotland and for the unpaid balance of the account."

 

In which case, CapQuest have not been assigned the account.. have htey ?

[citizenB]

Letters from CapQuest / HL Legal (both the same company) dated 20th of January 2012 were presumably sent AFTER they had signed for your letters advising of the dispute.

 

Interesting that CapQuest say that any claim will be issued in the name of RBS.. Yet HL Legal claim to be acting on behalf of the claimant.. CapQuest. These letters appear to be for 2 different accounts.

 

As you can prove that their letters were dated AFTER they had received your letter informing CapQuest of the dispute, then you have them immediately in the untruth that you have not corresponded with them and that they are unaware of any dispute.

 

I also note in the Notice of assignment letters, that they do not state the amount they have had transferred to them. It is my understanding that is mandatory.

[citizenB]

I write to you in regarding your recent letter dated 20th from both Capquest and HL Legal. I refer to the Letter I sent was delivered and signed for via Special Delivery 11/01/12 which outlined the breach of legislation in regards to the unfulfilled SAR along with RBS now selling the Account to Capquest while said Account(s) is in Dispute which was also sent along with your previous correspondence to the ICO (Information Commissioners Office) who have responded and acknowledged my request and due to the seriousness of situation will opening a case and will also by advising myself in due course how in proceed in regards to my next course of action against yourself and RBS (Royal Bank of Scotland)

 

I have included both the Special Delivery Receipt and my previous letter dated 09/11/12 the that you have blatantly ignored.

 

I believe in my previous correspondence made the Situation quite clear between myself and RBS and therefore this negates any action that can be taken by Capquest.

 

I feel no need to repeat any more previous information that has been contained within my previous correspondence with and ask you to refer that, or a copy of the previous letter that was sent via Special Delivery to Capquest which I include for your convenience.

 

Consequentially any legal action that you or any related company (including but not limited to HL Legal) 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.

 

 

 

^^^^^^^^^^^^^^^^^^ - Your letter...

 

 

MY version.. below..

 

This letter needs to go to their Head/Registered office - By special delivery post.

 

Dear..

 

I am in receipt of 2 letters, dated 20th January 2012.

 

One from CapQuest Debt Recovery and one from HL Legal.

 

I wrote to CapQuest on DATE and that letter was received on DATE, for which I have a copy of the signed delivery note which was provided by Royal Mail.

 

I am therefore, astonished that you would include untruths in your letters, advising that I have not responded to you and that you are unaware of any dispute.

 

As mentioned above, I have proof that I did respond and that you were made aware of the dispute.

 

Consequently any legal action that you or any related company (including but not limited to HL Legal) 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.

Yours etc..

 

I am also suspicious of those NoA's - so independantly I would be sending the following letter in the pdf below. Just ensure that dates and DCAs and Banks are in the right places You may wish to print off one for each account, but they can I would say, go in the same envelope.

 

If you do that, then you are going to have to make it quite obvious a the bottom of each letter as a post script, that there are multiple letters enclosed and identify each letter.

 

ALL these letters must be addressed to their Head office - Special Delivery

 

Draft request for assignment - Amended Draft.doc ..

 

 

 

You do not need to include your proofs of receipt at all...!

.

[adenjago]

would the letters in post #1 not be seen as notice of assignment ?..

even though it is from RBS or does it have to come from the DCA ?

 

Im sure I post Notice of assignment letters from capquest but can't seem to see them in this thread or the previous one ...but in Post 6 my letter to the ICO does have the dates of the first capquest letter which were acknowledgement letters.....looking at the letters capquest has sent there is not a Notice of assignment

 

"This correspondence is to inform that your KEY account REF:blahblah has been sold to capquest investments Limited who have appointed Capquest Debt Receovery Limited as one of their group of companies to manage your account in all matters relating to collection and litigation"

 

does it have to explictily state "Notice of assignment" ??

Edited January 25, 2012 by adenjago

[adenjago]

Quick update........

 

Finallly a Response from RBS....from the Recovery Manager

 

 

thank you for your recent correspondence

We can confirm Statements have been ordered for further investigation in which we will contact you

 

 

can anybody give my idea what that means ?? (they after the same statements I was after with my SAR ??)

 

as the whole reason for this is to try an ascertain if and when it becomes SAB, as the default was registered 31/03/07

[citizenB]

Have you sent a Statute Barred letter to them ?

 

Their letter isnt clear if they are rustling up the statements in order to provide them for your SAR or for their own investitation. ?

[adenjago]

no I haven't,

 

that was the reason for the SAR, to find out the last acknowledgement\payment date....... as the registered default date 31/03/07 so it would not be SAB yet ????

[citizenB]

Aha.. I couldnt understand their reference to "their investigation"

 

If they do obtain those statements and you were never supplied with them, then they could well be guilty of non compliance of your SAR

[debbbbsy]

When you did your SAR, did you send it to CMS or to the RBS Data Controller (Joyce E Tudor) in Edinburgh ?

[debbbbsy]

It is really odd, CMS say its sold.....but its not a Notice of Assignment, which is the legal route for transferring a debt to a DCA. Then Capquest say that any claim will be issued in the name of the RBS.....which means it clearly hasn't been sold......

 

Personally, I would reply to the CMS Recovery Managers letter ans ask him exactly how much he sold this account for, and proof that the payment was made. I've dealt with CMS and RBS and can assure you, they are incompetent idiots.

[adenjago]

When you did your SAR, did you send it to CMS or to the RBS Data Controller (Joyce E Tudor) in Edinburgh ?

 

brief summary

 

31/06/11 it First SAR was to .......Glasgow Retail Customer Service Center....

08/07/11 Letter Acknowledged my SAR from the ...."Rachael Wilson, Subject Access Request Team....in "Chief Operating Office" UK iEdinburgh

 

there response also stated that they need a sig, so hence all the standard no sig needed letter, as we were going round in circles, I requested that my SAR be delivered to my local RBS Branch, this was agreed acknowledged by RBS on 12/08/11

 

Still I have not had an request or notification to come and collect the SAR from the local branch as agreed

 

 

what is the significance of being "guilty of non compliance" ??

[adenjago]

finally had a acknowledgement from capquest for one of the Disputed accounts.....(which if I do not receve the same for the other account I will send another letter)

 

We are sorry for any inconvenience caused, we are currently in the process of obtaining details of your dispute with our client and whilst we await this information, you account will be placed on hold pending investigation

 

but surely they can not keep this account on the hold, as it should not have gone to them in the first place, ?? should I again request that account is passed back to RBS ? until the ICO has finished they case ?

[adenjago]

Hi all

 

Just a quick update which a little baffling........

 

from Capquest ....even though I have just received a letter stating the account on hold....

 

We are sorry for any inconvenience caused, we are currently in the process of obtaining details of your dispute with our client and whilst we await this information, you account will be placed on hold pending investigation

I then received the following...

 

But also after I received the following from RBS, is this suppose to be my SAR...

 

Im now confused.com

[citizenB]

Not a clue.. I would suspect their investigation has taken a wrong turn.

 

There is also a discrepancy in CapQuests balance to the balance on the RBS statement !!

 

I find it rather strange that they would send a letter one day claiming the account is on hold and they are investigating and on the next that they are considering your case for litigation.

 

Did you say this was with the Information Commissioner as well ?

[adenjago]

thanks for the Input Mr B

 

yes I have had confirmation that ICO has opened a Case and forward me a Reference number to use for all future correspondence, they have requested all copies of sent and received letters which I will include capquest letters aswell, witch until today I have not been able to printout\photocopier, so this will be with them within the next couple of days (record del of course)

 

I also find it strange that they are now offering a "lump sum offer that can be considered a discounted settlement" even though that amount is just with the second account not added (£227)

 

I have got a feeling this might be SAB but until I get my SAR I cannot prove my last, acknowledge\payment date

(was thinking about sending a SAB letter just to see what they come back with ??)

[citizenB]

Do you have a rough idea of when your last payment was made?

[Guest]

aden

post #6 still showing your name?

[adenjago]

Do you have a rough idea of when your last payment was made?

 

nope not really, but I have checked my Credit File this morning and it the RBS has vanished ??

is this because it is SAB ??

how long is account info on the CRA ??

can the CRA (experian in this case) tell me why or is it best not delve to deeply

 

this is obviously good news, but do not want to get to excited until I understand why, but would this explain why there last correspondence is giving me an discounted settlement figure

Edited February 27, 2012 by adenjago

[citizenB]

Have unapproved post # 6 - name showing on credit file information.

[citizenB]

nope not really, but I have checked my Credit File this morning and it the RBS has vanished ??

is this because it is SAB ??

how long is account info on the CRA ??

can the CRA (experian in this case) tell me why or is it best not delve to deeply

 

this is obviously good news, but do not want to get to excited until I understand why, but would this explain why there last correspondence is giving me an discounted settlement figure

 

An account is considered statute barred 6 years after the first missed payment.

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Simple as that.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

[adenjago]

received a letter from capquest.......

 

My name is Marcus Butterworth and i have been appointed you case supervisor

 

Your case may be passed to our solicitors on the 18 mar 12, a process you can stop by telephoning to discuss your account and reaching an amicable solution

 

I will not be demanding payment in full, i will be open to suggestions on how this account can be settled.

 

if you contact us before 18 mar 12, I can offer you a settlement figure on your outstanding balance (£227). That means you only have to Pay £136 to clear this account with us,

 

you still have an opportunity to stop legal action and settle your account

 

I have a couple of questions, I think this account is still in dispute as I have not received my SAR still and is with the ICO

 

• as this has now vanished of my Credit File, do I still need to coresspond to RBS & capquest
  
• if it is gone of my Credit File, it cannot be re-added ??
  

 

thanks in advance......

Edited March 9, 2012 by adenjago

[gezwee]

Not sure what the turds think they are going to do with an account that's still retained by RBS....... can't ever remember RBS group providing Crapquest with an undertaking to pursue equity in court.

 

Best ignored and pursue the dispute with RBS

 

Gez