Amex and Capquest

[salisburyowl]

Well up to now the phone calls have stopped but after their last letter stating that they have complied with my request ( which they haven't) who knows what'll happen next Capquest don't seem to know their *&^% from their elbow.

 

Anyway complaints sent with letter copies to FSO and OFT and TS

 

Hopefully that'll keep them busy...don't forget it's 12 working days from receipt to be in default and then 30 days for an offence to be commited.

 

The default means that they'll have to apply to a judge so that they can recover the debt.

[TUTTSI]

I note that CAPQUEST have a consumer credit act licence no 475757, if they are acting unreasonably, they are not a fit and proper company to hold such a licence. But how one gets their licence revoked, I do not know!! any ideas!!

[salisburyowl]

Well blow me! Came home the other day to a answering machine message from the lovely Emma at capquest. So I've written them another letter informing them of their non-compliance together with a copy of the letter I've sent to the OFT. My OFT letter also had copies of any correspondence I've had with capquest so I shall be interested to hear their views on what they are doing. Will let everyone know as soon as I hear anything......:o yawn...it's starting to get boring now capquest

 

Owl

[TUTTSI]

I received 3 letters from CAPQUEST yesterday, and none of them answer my requests, their time is fast running out and also, me thinks they will not be able to provide the documentation requested and especially within the 12+ 2 days. They will try and pretend that they have dealt with it but in essence they will have failed miserably.

 

I look forward to hearing what the OFT have to say, I fear though that they do not take individual complaints from the public. I have a feeling that you have to either go through Trading Standards or their Association which they belong to.

DS

[salisburyowl]

Trading standards and FSO have also been informed

 

It's a case of what next I guess.

[salisburyowl]

Well I got another letter from crapquest today...it reads as follows...get this....lol

 

LBA

 

Dear Owl

 

Further to our letter before action Jan 23rd ( thats when i fired off my CCA request which they've subsequently defaulted on ).

 

Investigations have indicated that you are in employment ( oh really..do tell ) there once proceedings have been instigated and the court awards judgement, you will be required to pay the monies forthwith ( yeah right..without no CCA ) If payment is not made, we will seek to enforce the judgement by pbtaining an attachment of earnings order. An attachment of earnings order is an order by which the court requires your employer to stop payments from your wages/salary to repay monies owed to our client under the judgement. ( go on then...I'll see you in court )

 

As part of the attachment of earnings process, we will seek to obtain an 'order to obtain information' whereby you would be required to attend court for questioning ( it would be my pleasure to point out to a judge how you have cocked up). You would be questioned under oath by a court officer, regarding your financial status and evidence of you financial circumstances would be required.

 

Questions will include:

 

your employment status ( didn't you say you knew this at the beginning of the letter?)

details of employer, wages or salary

details of dependants and outgoings paid from income

details of any additional income

details of any property owned

details of any bank of building society accounts and the balances in them

 

If you do not attend to be questioned(i wouldn't miss it for the world!) or attend but refuse to take an oath or answer questions, the judge may decide to commit you to prison ( i don't think so ,,tut tut).

 

Please note that the court may award us costs of seeking an attachment of earnings order and these would be recoverable in addition to the monies owed under judgement.

 

It is therefore in your interest ( here we go...the real reason for the letter) to contact this office immediately to discuss settlement of this long outstanding debt( the one i don't recognise and haven't received a CCA for). Our experienced pre-litigation team are on hand to assist you ( really, oooooooo thanks crapquest:D ), but this can only happen if you make contact before 16th May 07.

 

Call now..blah blah blah...I'm getting bored now...zzzzzzzz

 

 

then some squiggle of a signature with no name.

 

 

Well time to write back and remind them about the fact they've defaulted on the CCA request and ask them to reply with the court date so i can attend fully armed with all the letters and correspondence I've had so I can show everyone their incompetence.

 

Can't wait

 

Sorry it's a long one.....it says a lot...but doesn't if you know what I mean....anyone else had one of these?

 

Owl

[TUTTSI]

The Owl and the Crapquest.....

 

How bad are they! they write such rude and horrendous letters! and think they can get away with it...they are MOREONS

 

They deserve to have the book thrown at them, the more complaints

the more notice will be taken and also Amex and whoever gives them the work should also be shot at dawn as they are not fit and proper to handle this type of work.

 

Anyway I have now received my response from CRAPQUEST for my request for my signed Credit Agreement yesterday, but no sign of the agreement but what they did send is 119 pages of copy bank statements and guess what I have picked up on loads of bank charges, so I put them on a spreadsheet and it comes to more than twice the amount they are claiming from me. So tomorrow a letter will go to the Halifax claiming back the bank charges + interest at 8% only because I do not know the actual rates they applied at the time. The charges go back to 1997 which is 10 years, so I will re-fresh my reading on CAG to check out Bongs thread who I know did manage to claim back before the 6 years. As far as Capquest are concerned they have done me a great favour. Well Halifax have sold the debt to CRAPQUEST but they will now have to now refund the bank charges!

 

Time scale for reporting them, can you help me on this they signed for receipt of my letter with the postal order on 10th April and we are now the 11th May, their letter says it includes everything I have requested - NO I DONT THINK SO since their was no signed agreement I do not think that have satisfied the request!

 

Have you checked whether you have any bank charges on yours to claim back as that might mitigate the amounts which they say you owe to them!

 

If they take you to court they will have to come up with the signed credit agreement!! but from all my applications for credit cards I do not think I have ever signed one. I can remember filling out an application, but cannot remember the agreement. This is not to say that it did not happen.

 

Let us know how you get on, and don't be intimidated by them! the are shysters.

 

Regards

DS

[salisburyowl]

I received a letter today from the OFT acknowledging my complaint against craquest. They've asked me to sign a document to say that my complaint details can be allowed to be used in any action against capquest.

 

Some interesting paragraphs in the letter too.......

 

If a creditor/owner fails to comply with a vaid request within a period of 12 days he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month it constitutes an offence. We understand your concerns in this matter but please do remember however that once a creditor/owner complies with the request albeit out of time, he may once again enforce the agreement.

 

A 'true copy' of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor..blah blah However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a 'true copy', since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As law stands currently he cannot otherwise.

 

We note your concerns that in the absence of a copy of the original agreement someone's liabilty for a debt can only lead to further query. However in circumstances like his we would view it as unfair practice under section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed.

 

They have asked for any further documents to be sent to them in support of my complaint. But when I respond to crapquest about that crappy letter above that they sent me I'm going to send a copy of the 'Permission to disclose complaint' form that the OFT have sent me so they can clearly see that they are being investigated.

 

If you have problems with crapquest the write to the OFT..... Miss Olu Ademolu is dealing with my complain....the more complaints they get agains crapquest the more power they will have....so put pen to paper and write!!!!!

 

 

Sorry it's been another long one.....just neede to vent

 

Owl

[TUTTSI]

Wow, I will certainly take note of that persons name at the OFT, I feel a letter coming on. At what point did you write, after 12 days + 28 days or just after 12 days!

 

I intend advising CRAPQUEST in a letter tomorrow that they have not supplied what I have asked for and that I will complain to the OFT about their non co-operation in supplying the docmentation requested. As their letter clearly states that they have supplied everything and quite clearly they have not.

 

Thanks

DS

[salisburyowl]

Hi DS

 

I wrote after the 42 days were up. Sent them all copies of correspondence from capquest too.

 

Owl

[salisburyowl]

Well Crapquest have received my reply (yesterday..signed for) to their last threatening letter together with a copy of the form I sent back to the OFT so they can use my info against crapquest.

 

Now we'll just wait and see :grin:

[TUTTSI]

Thats good news, lets see if they stop pestering you now!

DS

[salisburyowl]

Well this time not one but two letters from crapquest...both identical!!!!!!!

 

 

Dear Mr Owl

 

Further to recent contact with our office ( that'll be yet anither cca request and the copy of the permission form the OFT gave me that I sent crapquest) and you request for further information (cca request...4th one.. ) we would confirm that your account is on hold for 28 days ( you mean they're not sending me to prison ) whilst we obtain the information required ( I wonder if they'll have any luck after 4 months now). If you have proof of payments etc that would assist with your query then please send them to us....yeah right

 

 

Yet another letter to add to the collection the OFT hold.......if you look above at my previous posts crapquest were going to do this, threatened to do that...bloody ridiculous..I'd love to get in front of a judge and tell them my story.......I mean....whatever next????????

[TUTTSI]

Hi Mr Owl

They seem to be out of control! they should read letters they reeive then they would not have to write so many ridiculous letters wasting everyones time and it must be costing them a small fortune in postage.

Perhaps they would have more luck chasing after pots of gold and treasures at the bottom of the ocean/sea.

Regards

DS