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    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
    • Ros Atkins on... the rising cost of livingView the full article
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Capquest ignored my CCA request - TSB Debt.


sw2000
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I made a formal request for them to prove it,

during this time, they finally stopped harassing me,

however kept asking me to provide the very documentation I've asked them to provide proof of.

 

They have come back just before the end of the 2 month time frame in which I officially complained about them failing to produce the CCA, stating they are refusing to uphold my complaint and are still waiting to hear back from TSB with a copy of the CCA, they claim in the letter that they have a record of a call in which I claim to be aware of the balance and I had an intention to start making payments.

 

I have SAR'd them to find out the basis of this, if they don't have a recording I presume its not enforceable as evidence?

My argument would be I would have presumed this was another debt I had ongoing at the time, which I am currently in a payment plan for.

 

In their response they did however admit their contact was harassing and offered a £100 cheque in compensation for this.

I have simply responded with a separate SAR and don't know where to go if they are ignoring my CCA request?

 

Should I go the ombudsman now?

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When did you send them the sar?

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Today after further reading around here.

Should I give them a chance to respond to the SAR so I know what info they have?

Is this the point of divergence so to speak?

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  • dx100uk changed the title to Capquest ignored my CCA request - TSB Debt.

i wouldn't bother with an SAR.

 

if you sent a CCA REQUEST and they've not complied within 12+2 working days.

simply ignore them till they comply.

 

a telephone call is NOT admittance.

 

when did you last pay/use the credit

and what type of credit was it?

when did you take it out?

 

and stop talking on the phone about any debt.

 

a DCA is NOT A BAILIFF

and have

ZERO legal powers on ANY DEBT , no matter what it's type

 

 

 

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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TSB standard Credit Card

last used I presume around March 16 before the May 2016 default, would have took it out the year before.

 

My concern about ignoring them is, they added the debt to my credit file AFTER I asked them to prove it, so at a stage were I cant really ignore?

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they didn't..a dca cant add anything to a credit file.

TSB would have and capquest inherited the entry upon sale.

 

just because a debt is on your file, doesn't mean it's enforceable. 

await the CCA return.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Arrow Global added the balance to my credit file on April 20th 2020 after me sending the prove it letter, it wasnt showing up until then? 

As for the CCA return this is my point, the allotted time frame for them to present me with it has expired, and they have failed to do so, so what should I do? 

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Then as already said you ignore them until they do.

capquest are arrows..just a trading name of the group.

 

Debt will show till the defaults 6ths birthday.

Then vanish from your file

 

Next time

For get useless prove it letter tennis

Simply send a cca request.

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:rockon:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

They have responded to my SAR by asking me to confirm my name, DOB and address, I'm curious if I should or not?

 

Also if I cashed a cheque they gave me in view of settling a complaint, I would not be admitting liability for the debt would I, and the request for the CCA would still stand? They have gone silent since their last mail out on this subject.

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You mean TSB have responded asking you for proof of identity ? That would be perfectly normal and fine 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Apologies, chain of events is

 

- none stop harassment for a few months over an old unknown/unaware debt

- Complained to capquest due to harassment and asking them to prove it with CCA

- Capquest admitted harassment and issued cheque for compensation considering the matter closed, but also said they were still looking for the CCA, but asked me for a copy if I had it

- radio silence since the cheque was issued and i'm wondering if they are waiting for me to cash it to apportion liability for the debt?

 

this has been ongoing for months, and I wanted a speedier resolution than waiting 2 years for it to disappear off my credit file, hence why I actioned the CCA req myself etc.

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cant hurt you.

how the beep can compo be admittance of any debt?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was worried it would be another long battle trying to unravel a settlement as admittance is all, apologies if the question seems somewhat airheaded, but these are the original shysters this lot are they not

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The original creditor, if they are asking for proof of identity, you should provide it, so that they can give you an SAR.  Capquest, though who are the DCA, certainly not.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 1 year later...
26 minutes ago, honeybee13 said:

sw2000, I think you should remove the reference number for your online account from the pdf. Or I can hide your post and you can redo it.

 

HB

I tried so hard that time too, all good this time.

 

Hello

 

So update on this, after silence from them for some time, I receive the following letter. Where the devil have they got the fraud thing from? I sent them a standard CCA req.

 

Would I be right to redirect them back to the CCA? 

 

Many thanks

IMG-20211122-WA0031_Redacted (1)_Redacted.pdf

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No need to refer to anything or bother writing back. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I would think that they have mixed up their response with another customer complaint and addressed it to you....still what do you expect from Capquest....at least their response is not written in red crayon ?

 

If you wish to respond and have a little fun then respond and inquire what they are actually on about and BTW you are still in default of my CCA section 78 request dated xxxxxxx. Please cease all activity and harassment along with  phone calls texts carrier pigeon until you can comply with my request. :wink:

 

 

 

.

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Yup Andy, Capquest have just started sending me desperate begging letters for an account that went statute barred in 2010. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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wanting mugs to fund their xmas party drinks bill.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So I just replied saying I had no idea what they were on about in terms of fraud but the cca request was well over due, and they have replied with the below, I am just conscious of being careful with how I reply. I just want them to stop harassing me :(

 

 

"Good Afternoon

 

Thank you for your email.

 

We can confirm we do not have your consent to discuss this matter with you on this email.

 

Security of our customers' data is of high importance to us therefore to enable us to discuss this matter with you over the email, you are required to reply to this email and confirm the following information in full.

 

Please Note: without this information we cannot respond to your request:

 

* Please confirm you are happy for us to correspond with you by email going forward

 

* Your Date of Birth

 

* First Line of Address and Postcode/Any Previous Address and Post code.

 

Please Note: By confirming your identification and verification check you are giving consent to communicate with us via email. Your email address as well as your personal data and email correspondence will be stored on your account file for future reference. Your information will remain confidential within Capquest. For further details on how we process data, our privacy policy can be found on our website:"

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Don’t bother, it’s all a waste of time , everything you are doing. They haven’t come up with a CCA the next move is there’s . 
 

Also if you ever do need to communicate with them again do not use email, it’s just another route for them to harass you. Plus there are

loads of scam emails saying they are from Capquest .

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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