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Tristar WINS the war with CapQuest


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Hi all,

 

I have started a seperate thread for this lot as it was getting confusing on http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/85806-taking-em-all.html

 

So anyway I have started with several DCA's, but this is the CrapQuest :mad: saga.

 

Crap "purchased debt from Northern Rock" on 08 July 2005. I have made monthly payments since because I was none the wiser. Well wised up :!: and:

 

22nd May 07 sent CCA request.

23rd May 07 Crap Acknowledge, put account on hold and said they would comply

07 June 07 advised they had requested said documents from N/R (why if they own the debt?) but N/R could not supply. Therefore Crap advised they were refering the matter back to N/R.

 

Continous bombardment of phone calls from Crap demading payment.

 

09 July received letter with D/D demanding payment and stating legal action will commence on 21st July. I have responded with this:

 

 

I refer to your letter dated 09th July 2007, and duly note its contents. However, I refer to my letter dated 21st May 2007 which was delivered via Recorded Delivery to your offices on 22nd May 2007.

 

You acknowledged this request on 23rd May 2007. In your subsequent letter dated 07th June 2007 your company stated that Northern Rock was unable to supply the required documentation and that your company was referring the matter back to them.

 

The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 21st May 2007, I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time CapQuest Debt Recovery Ltd purchased this account, (which was 08th July 2005) along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 08th June 2007 and 06th July 2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 08 June 2007 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974.

 

 

Further, I do not acknowledge any debt to CapQuest Debt Recovery Ltd or CapQuest Investments Ltd.

 

I require the following action from CapQuest Debt Recovery Ltd:

 

1. All payments made to date to CapQuest Debt Recovery Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of any and all defaults entered by CapQuest Debt Recovery Ltd:

Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force CapQuest Debt Recovery Ltd and CapQuest Investments Ltd or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing.

 

I will be passing the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

Should you nevertheless choose to initial legal proceedings against me, as stated in your letter dated 09 July 2007 I will expect to receive, with any Letter before Action, a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

 

I would be grateful if you could clarify the following points:

 

If CapQuest Investments Ltd purchased the alleged debt from Northern Rock on 08 July 2005, why did you refer back to Northern Rock on 07 June 2007 for the documentation? Do you own the alleged debt in total? Or are you acting on behalf of Northern Rock? In which case they would be named / involved in any litigation. Please could you clarify?

 

 

Re: Harassment by telephone

Regarding the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

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.

 

Be advised that any further telephone calls from your company will be recorded.

 

 

I look forward to your reply to all my points within 14 days and sincerely hope that we can resolve the matter amicably.

 

 

Yours faithfully

 

 

I refuse to answer the so called security questions when they phone and calmly explain they are not to call me. As this is off script for the muppets they normally hang up.

 

More updates as we go.

 

Tristar

__________________

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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I hope you have everything logged and detailed as is now time to get Trading Standards involved with these "lovely people".

Consumer direct is your first point of contact and they will pass your complaint onto TS.

 

Now TS are NOT the fastest in the world, but I have found that they do a difficult job extremely well.

Remember TS are trying to do a professional job, so ranting and raving at them wont get the job done. Dealing with them with professional respect will get things moving in the right direction for you.

Be VERY careful whose advice you listen too

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Hey Tristar.

 

I'd subscribed to your other thread (taking them all on) but will watch this one with interest too.

 

I too am having a battle with Capquest and it's every bit as mucky as yours. Don't let them get to you and do everything in your power to ensure that it doesn't get to the CCJ stage.

 

They're sneaky little bar stewards and will do every underhand thing in the book that they can think of.

 

Grrr... I'm still p***d off at what I've had to deal with in regards to them in the last few days. Needless to say my kid gloves have come off and I'm ready to fight. fighting0010.gif

 

Hang in there. You've got some good people watching your thread - rory32, ODC, Curly et al, so you have nothing to worry about. :D

 

If you want to read about my "adventures" with them please see CapQuest CCJ.

 

Good luck with your fight. I'm rooting for you too.

 

deedee xx

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hiya Tristar and CB :)

 

I've done just that with 3 DCAs today and boy do I feel better :D

 

Here's the link for TS

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Good luck,

 

BB

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Excellent letter to Crapquest. They admit not being able to produce the agreement yet they are threatening you with Court. What a bunch of sad losers. You have been beaten Crapquset. Admit it now. I think a copy of their complaints precedure is what you need Tristar. Lets see what their answer is then report them to FOS as no doubt it will be unsaisfactory.

 

IDIOTS

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Morn' BB, feels good when you have some legal claught on your side.

 

So how where you dealings with the local office ?

Be VERY careful whose advice you listen too

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Initial contact appears good news for me CB :)

 

Will let you know how things go as and when...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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BTW Tristar. I forgot to add that your letter was magnificent.

 

BB - I'm off to read your thread now!

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi all,

 

Thanks for all the positive comments guys, have read thru your thread Deedee and we need to stick together against these ar**wipes. Now I have the knowledge and advice of this site I intend to stand and fight for my rights:-x

 

So Mr Cr**pQuest if your following this, get ready for a right royal rumble. However, if you supply the information I am legally entitled too, then we'll sort it out, until then, "lets ave it":cool:

 

oh and so far today 3 calls on my mobile, all logged and recorded.

 

Tri

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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I hope you have everything logged and detailed as is now time to get Trading Standards involved with these "lovely people".

Consumer direct is your first point of contact and they will pass your complaint onto TS.

 

Now TS are NOT the fastest in the world, but I have found that they do a difficult job extremely well.

Remember TS are trying to do a professional job, so ranting and raving at them wont get the job done. Dealing with them with professional respect will get things moving in the right direction for you.

 

 

Contact details and procedures anyone ?? or do I just type Consumer direct into my browser:confused:

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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Consumer Direct

 

Start with CD and they'll put you in touch with TS.

Now remember treat them with respect and professionally and you will get a better response.

 

I have found TS a joy to work with.

Babybear is also in the first stages with TS, sure to have a good result there.

Be VERY careful whose advice you listen too

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Hi all,

 

Thanks for all the positive comments guys, have read thru your thread Deedee and we need to stick together against these ar**wipes. Now I have the knowledge and advice of this site I intend to stand and fight for my rights:-x

 

So Mr Cr**pQuest if your following this, get ready for a right royal rumble. However, if you supply the information I am legally entitled too, then we'll sort it out, until then, "lets ave it":cool:

 

oh and so far today 3 calls on my mobile, all logged and recorded.

 

Tri

 

Hi Tristar.

 

I am in agreement, bring it on. To quote Mr T (sorry for the A-Team reference) "I pity the fool (Crapquest) who dares to mess with a CAGer!"

 

Just out of interest what mobile do you have? On Diskmandave's thread we have discussed Call Blocking software which also logs calls. See from here onwards http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co-25.html#post1004418.

 

It might be worth purchasing if your phone has the right operating system. ;)

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi Deedee,

 

Have seen the DMD thread, how good is that guy:lol: :lol: and he's staying:D

 

Have company mobile so will just log calls as I am now. CB have done the deed with Consumer Direct and will update on response when received. In the meantime might have some fun and games with the calls. Some of DMD's are great:lol:

 

Tri

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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My ears burning? ;)

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

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http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

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Hey, the top man following my thread:D :D Nice to see you Dave

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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Hi all, quick update. I followed up with consumer direct and filed the necessary and received this emailed response. I have highlighted in blue my personal favourtite bits:)

 

 

Dear Mr Tristar

 

Thank you for your enquiry to Consumer Direct. Your reference number for this case is ** ****** and should be quoted in all further correspondence regarding this case.

 

Based on the information that you have provided, unless Capquest Debt Recovery Ltd are able to provide evidence that you owe them the money, they may find it difficult to proceed via the court process.

 

The steps that you have taken thus far are in line with the general guidance that Consumer Direct provides to consumers when dealing with matters such as this. Ultimately we recommend that you deal with this matter recorded delivery letter requesting that any future correspondence from both Capquest Debt Recovery Ltd and Northern Rock, be in writing. Make it clear that you do not accept that you owe them any money and unless they are able to produce paper evidence that the debt is yours you will refuse to pay.

 

Because of the issues highlighted in your email the details of your enquiry have been passed to your local Trading Standards office and the Trading Standards office where the trader is based, for their information. You may not hear from them directly, however please be assured that your complaint will be actioned appropriately.

 

If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

 

Thank you for your enquiry.

 

Yours sincerely

 

Nicholas Morgan

Consumer Direct South East

 

Tel: 08454 04 05 06

Web: www.consumerdirect.gov.uk

 

 

Also have received x3 call from them today:mad: keep digging away Crap and keep making it easier;)

 

Tri

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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I like the bit about details being passed on to the Local Trading Standards where the DCA is based. Im sure certain towns will be extremely busy *cough Kilmarnock Leeds and Manchester cough*:D

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Well done Tristar!

 

That's a good letter to have as part of your ammunition. Maybe I should write to them with regards to how I've been getting on.

 

On a good note my cheque for my N244 against CrapQuest was cashed today, so this means that it's been lodged and is in the system.

 

I'll post more updates on my thread.

 

Well done for getting CD and now TS onside. It can only help with the battering CrapQuest are going to get from us.

fighting0061.gif fighting0061.gif

 

deedee xx

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi friends, just an update.

 

Cap have responded. They have thanked me for my correspondence and confirm the account is now on hold. They state they are to carry out an investigation following my complaint, which is good of them considering I didn't actually complain, I just pointed out the error of their ways and educated them re the law and my rights. Any Hoo, they have sent a copy of their complaints procedure which in summary says this:

 

Day 5 investigate and supply response if able

 

Day 28 Investigate and respond, this may involve obtaining info from their client:rolleyes: Well they have already tried that and N/R were unable to supply any info or documentation, and according to Cap they purchased the debt in July 2005, so why do they keep saying they will refer back to the client:confused: . Note to Cap: Northern Rock sold the debt to you, they couldn't give a **** I will be advised of progress.

 

Day 56 In the unlikely event that the complaint is not resolved a senior manager will complete a review and send a final response letter setting out their conclusions:confused:

 

They then request me not to contact the FOS until the final response letter is received:shock:

 

All calls have ceased:D

 

So I will sit back and see what response I get. They failed to answer any of the questions raised in my last letter, have defaulted and committed an offence re CCA request and continued to harrass me by phone when the account is default. So if your reading this Cap keep digging all the way to a judge:D

 

Tri

  • Haha 1

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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CB, do you reckon they might get the hump, zero the bal and call it a day??

 

Tri

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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CB, do you reckon they might get the hump, zero the bal and call it a day??

 

Tri

The Threatomatic MkII cimputer will probably churn out a few more scarey:o letters first, before the give up.

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Hi all, I think I have a result :D

 

Received a letter yesterday dated 19th July from Cap, unfortunatley I cannot scan and paste so will relay the main points:

The reply is a direct resonse to my letter dated 13th July and as posted in #01 of this thread:

 

Investigation completed and;

 

They state on 06 June they were advised by N/R no docs were available. the decision to return the account to N/R was taken. However due to a system error this was not recognised and a letter automatically generated and sent to me. This subsequently led to my telephone number being called and they apologise for this error:eek:

 

Due to me acknowledging the account and making payments from 22 Sept 2005 (obviously pre GAG!!) no refund or compensation will be forthcoming.

 

They confirm that CapQuest Investments Ltd purchased the rights to title and interest on 04th July 2005 from Northern Rock PLC. They only apply for docs when requested, as to hold all docs on file would not be practical:?

 

Now the BEST BIT:p

 

They now confirm the account is now closed on their system and is in the process of being returned to Northern Rock PLC.

 

I will receive no further correspondence or calls from CapQuest and any defaults that have been placed on on my credit file will be removed:D

 

They then apologise for any inconvenience this matter may have caused !!

 

So a couple of question to those in the know;

 

Is this an end to it or another ploy I'm unaware of to lull me into a false sense of security??

 

If they purchased the debt from N/R will they want it back, and pass it on to another DCA??

 

Have I actually beaten these ****holes and saved £ 912.83, which I was convinced I did'nt owe anyway??

 

Do you think that T/S have been in contact and forced their hand??

 

Should I contact T/S via Consumer Direct and inform them of this development??

 

Happy days, I think:D

 

Tri

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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Looks like a result as N/R have already admitted they can't enforce by admitting they don't have the original CCA :D

 

Personally I'd wait to see if N/R contact you, and if they do, TS straight away ;)

 

Good luck

 

BB

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I don't understand, if Crap purchased the so called debt from N/R (rights to title and dedd of assignment etc....) why would N/R accept it back??

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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