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le_bonn

Advice on dealing with CAP Quest

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Hello there guys, I was hoping one of you could offer some advice on how to deal with my capquest issue.

 

I will give you some of the background.

 

I started receiving hundreds of phone calls (up to 30 a day) from the lovely capquest in October 2010, I ignored this for about a month then decided to tackle them head on. I sent a Modified CAG prove it letter to them and I also sent the FOI letter to my creditor along with the 10 quid. So both the creditor and the DCA are aware of my identity and current address, surely?

 

Things went quite, I assumed that Capquest could not provide me with any signed agreements and the creditor certainly neglected to include it in the information sent to me. I heard nothing for over two years.

 

In December I then began receiving letters from "debt managers LTD" who are apparently perusing my debt to capquest, not to my original creditor. Debt managers where threatening doorstep visits so are dispatched a combined prove it a no doorstep collections permitted letter to them. I got a response from their complaints dept. saying that the matter has been referred back to capquest and I have now received another letter from capquest complaints offices.

 

I am a bit baffled by capquests letter; it is full of apologetic platitudes but does make a strange request. They are asking me to confirm my address history in order to ensure they are pursuing the correct person. Why would they do that? My original creditor is in possession of this information. I am tempted to make a strong worded response along the lines of isn’t it a bit late in the day to be asking if I am the right person and why the hell should I help you do your jobs. Would this be silly? They have given me 30 days to respond which was kind. Should I play ball or just stone wall them and re-demand proof of liability? I am worried about some kind of Capquest ruse.

 

Your help has been amazing in the past and I was wondering what any of you could recommend.

 

 

Cheers :-D

 

Le_bonn.

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Hello,

 

I wouldn't play ball with them! If they are chasing you for a debt, then they know who you are and should provide the proof of liability you requested. If they aren't sure who you are, they shouldn't be chasing you for a debt as such action could eventually amount to a claim in harassment.

 

Perhaps respond to them, reminding them that you await the response to your proof of liability demand and that you will not provide them with further information until such a time as they do properly respond. Continue that if they do not feel they have enough information to send proof of liability, then they have no other reason to be contacting you and you won't expect to hear from them again.

 

FFP


My Background: I am not legally trained so the advice I offer is as a result of my experiences in business and being dragged through a bankruptcy process by a leading London law firm over a debt that turned out to be false. I won as a litigant in person :-)

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It is they who must prove not you who must help them to do their job!

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Cheers for that guys. I will tell them to do there jobs properly. That I won't provide them with any further information or correspondence until they can prove liability.

 

Its always good to get reasurance.

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Hold fire here, when was the Subject Access Request under the Data Protection Act 1998 made, there is no Freedom of Information Act request possible in this situation.

 

There is no obligation to supply an agreement witha SAR any way.

 

To obtain a copy of an agreement you must make a request under sections 77/78 of the Consumer Credit Act 1974. there is a £1 statutory fee payable (without which the request will probably be ignored) the DCA has 12+2 working days to comply.

 

You do not have to provide the data requested but this situation could have probably been avoided if the proper action were taken at first.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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In your original post you said you sent a modified CAG "Prove it" letter and an FOI request. Just to confirm, would the prove it letter you sent meet the specifications that BRIGADIER posted above? If not, you might want to include that in your latest response.

 

As a matter of interest, did your creditor bank the £10 fee you sent them for your SAR or mistaken FOI request? You need to ensure they didn't take that as a payment against your alleged debts. If you sent a subject access request under the data protection act, they should respond with your data within 40 days (or else complain about them to the information commissioner). If you sent an FOI request, they should return your £10.

 

FFP


My Background: I am not legally trained so the advice I offer is as a result of my experiences in business and being dragged through a bankruptcy process by a leading London law firm over a debt that turned out to be false. I won as a litigant in person :-)

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Templates supplied should have the detail of the actual problem edited into them changing the base of a template may invalidate its' purpose, which is why the letters I draft are for each individual case.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Well hello guys thanks for you reply's. I sent the SAR letter to my original creditors along with a £10 postal order way back in 2009 , I received a ream of statements but no notes or other paper work pertaining to the debt within the 40 days. I only sent the initial letter to capquest and was preparing to send the £1 fee along with the request for a copy of the original CCA.

 

when examining the fees and PPI payments contained within the statements provided on the debt I found that at 70% of the remaining debt is made up of these.

 

I admit I have let this lie for a couple of years but I have received no response from capquest and have had not further correspondence from my creditor since I receiving the response from the SAR.

 

Would a reply consisting of a refusal to provide any address history along side a request for CCA documents be the best course of action?

 

Many thanks

 

le_bonn

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