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Dvsl/cap quest harrasing me at work

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  • #16
    Re: Dvsl/cap quest harrasing me at work

    Hi Maff,

    Just spoken to OFT about your case. They have given me the following information which you should include in your complaint to their Credit Fitness Team -

    Company Name: CapQuest Debt Recovery Ltd
    Credit Licence No.: 475757

    They have also said to report this to your local Trading Standards Department as soon as possible. I would suggest you do this today.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #17
      Re: Dvsl/cap quest harrasing me at work

      Originally posted by davyb View Post
      HI

      I am unsure if an injunction would be granted in a case like this. The usual advice would be to contact your local CAB and make complaint that the DCA were trying to pursue a stat barred debt.(against OFT guidelines)
      They should then escalate to the TS and the OFT.

      D
      The circumstances of the case include breaches of the Protection from Harassment Act 1997, Communications Act 2003 and Malicious Communications Act 1988. Also, there is a risk to the OP's girlfriend's health as she has a heart condition. Bear in mind that the frequency of the phone calls constitutes a breach of Section 40, Administration of Justice Act 1970, although the Protection from Harassment Act has, to a larger extent, proved more of a deterrent than the Administration of Justice Act. This is a case where an injunction is necessary. The OP has already been advised to complain to TS and OFT Credit Fitness.

      You are correct about the Statute-Barred Debt angle, but the matter needs to be looked at in its widest sense.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #18
        Re: Dvsl/cap quest harrasing me at work

        Hi

        In my opinion an injunction would not be the appropriate course, you mention various pieces civil and criminal legislation all of which may or may not apply, none of which provide the appropriate cause for an injunction in this case.
        I suggest the OP consult proper legal opinion.
        Only my opinion of course.

        D
        Last edited by davyb; 6th August 2012, 19:35:PM.

        Comment


        • #19
          Re: Dvsl/cap quest harrasing me at work

          Originally posted by davyb View Post
          Hi

          In my opinion an injunction would not be the appropriate course, you mention various pieces civil and criminal legislation all of which may or may not apply, none of which provide the appropriate cause for an injunction in this case.
          I suggest the OP consult proper legal opinion.
          Only my opinion of course.

          D
          There is a very good reason for seeking an injunction under Section 3, Protection from Harassment Act 1997. If you look at what I have written in Post #17, you will see that the OP's girlfriend has a heart condition. That is why an injunction may be a necessity. The OP is going to have to approach a legal professional with regard to obtaining an injunction. It is the frequency and nature of telephone calls being made by CapQuest and the effect it is having on the OP and his girlfriend that matters. There is also the issue of statute-barred/enforceability. It is not unusual for harassment to be accompanied by breaches of the Criminal Law. In my considered judgement, due to the circumstances of the case, this is an occasion when an injunction, under Section 3, Protection from Harassment Act 1997 is justified.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #20
            Re: Dvsl/cap quest harrasing me at work

            Hi

            In my experience injunctions are rarely granted when alternative remedies are available.
            Don't take my word for it, ask the court, see what they say.

            D

            Comment


            • #21
              Re: Dvsl/cap quest harrasing me at work

              Originally posted by davyb View Post
              Hi

              In my experience injunctions are rarely granted when alternative remedies are available.
              Don't take my word for it, ask the court, see what they say.

              D
              Davy - I have provided advice to the OP and his girlfriend and it is their decision as to what course of action they follow. Injunctions under the PfHA are Prohibitory Injunctions and are intended to restrain a company or person or persons from engaging in conduct amounting to harassment. The court takes into account the effect it is having on the victim and whether any reasonable person would consider the harasser's conduct to be unreasonable. The OP has been advised to seek professional legal advice regarding an injunction, which is the best thing to do, so if the legal professional recommends an injunction, so be it.
              Life is a journey on which we all travel, sometimes together, but never alone.

              Comment


              • #22
                Re: Dvsl/cap quest harrasing me at work

                Originally posted by bluebottle View Post
                Davy - I have provided advice to the OP and his girlfriend and it is their decision as to what course of action they follow. Injunctions under the PfHA are Prohibitory Injunctions and are intended to restrain a company or person or persons from engaging in conduct amounting to harassment. The court takes into account the effect it is having on the victim and whether any reasonable person would consider the harasser's conduct to be unreasonable. The OP has been advised to seek professional legal advice regarding an injunction, which is the best thing to do, so if the legal professional recommends an injunction, so be it.
                Yes be interested to see what they say, it could be a handy tool for people being harassed by DCA.s you would think it would have been used before.

                Meanwhile a complaint to the TS via the CAB is the usual way to go.

                D
                Last edited by davyb; 6th August 2012, 20:33:PM. Reason: spel

                Comment


                • #23
                  Re: Dvsl/cap quest harrasing me at work

                  Until you find yourself in a situation like this, it is unlikely that you will know of or have heard about Section 3, Protection from Harassment Act 1997. The complaint to TS is a must, as is a complaint to OFT Credit Fitness Team via their email address. CapQuest are in breach of OFT Debt Collection Guidelines with their behaviour. I can't see OFT being too happy about the circumstances, but, hey, if it results in CapQuest having conditions attached to their licence or an Adverse Determination, at least they will then know that peeps won't roll over and let them get away with it.
                  Life is a journey on which we all travel, sometimes together, but never alone.

                  Comment


                  • #24
                    Re: Dvsl/cap quest harrasing me at work

                    Originally posted by bluebottle View Post
                    Until you find yourself in a situation like this, it is unlikely that you will know of or have heard about Section 3, Protection from Harassment Act 1997. The complaint to TS is a must, as is a complaint to OFT Credit Fitness Team via their email address. CapQuest are in breach of OFT Debt Collection Guidelines with their behaviour. I can't see OFT being too happy about the circumstances, but, hey, if it results in CapQuest having conditions attached to their licence or an Adverse Determination, at least they will then know that peeps won't roll over and let them get away with it.
                    I have seen lots of situations like this BB and worse, sad to say. DCA's never seem to lose their licences.

                    As an aside, i think you would apply to the court for a injunction and then use the act you mention to enforce it. Not that it matters, because as said the court would not grant one.

                    Still the OP should be able to halt them in their tracks by conventional means.

                    D
                    Last edited by davyb; 7th August 2012, 07:57:AM.

                    Comment


                    • #25
                      Re: Dvsl/cap quest harrasing me at work

                      Perhaps the reason DCAs don't lose their licences, Davy, is because PEOPLE DON'T COMPLAIN. If they complained more, OFT would know what was going on and be able to take action.

                      Without notice injunctions under the PfHA are not common, but they are used where circumstances make it necessary for them to be granted. They are usually granted where there is a risk to a person's health or safety. Section 3 of the PfHA is a civil remedy provision that Parliament has given to those who are the focus of harassment in order to restrain their harasser from continuing their conduct and jeopardising their health or safety. There are provisions under Section 3 that allow the applicant to seek an arrest warrant from the court in cases of non-compliance with the injunction. There is a clear warning on the PF39CH form that any non-compliance may result in a fine, jail or both.

                      From what I know of this case, I very much doubt what you refer to as "conventional means" would deter CapQuest. The Administration of Justice Act 1970 is a damp squib and no longer fit for purpose, imho.

                      I notice you have posted "convectional means". Are you suggesting the OP should turn up the central heating at CapQuest's office and make them "feel the heat"? Lol!
                      Life is a journey on which we all travel, sometimes together, but never alone.

                      Comment


                      • #26
                        Re: Dvsl/cap quest harrasing me at work

                        Just to say there will be light at the end of the tunnel and it is possible to stop their actions and threats but it took time and effort. Mosttly what they normally send are threatograms which you can bin, but these phone calls are out and out harrassment in your case and pleased that you are taking good advice from our LB team.

                        I got Capquest finally to stop harrassing me this was my final letter to them after it went on for months....it finally worked in my case as they failed to respond to a CCA request and were not really in a position to argue with me anymore

                        I should say that we have learnt over the years that if you are sending these sort of companies direct corresondence you should never sign with your usual signature and they have been know to copy these siggies on documents that you require.

                        Mrs Tuttsi

                        xxxxxxxx

                        xxxxxxxxxx

                        xxxxxxxx

                        FAX:- xxxxxxx

                        CapQuest Debt Recovery
                        Fleet27
                        Rye Close
                        Fleet
                        Hampshire
                        GU512QQ 18THNovember 2007

                        BY RECORDED DELIVERY No:- xxxxxxxxx

                        YourRef:- xxxxx

                        DearSir

                        DebtPurchase from Halifax PLC- Account No:_ xxxxxx

                        **** PLEASEDO NOT IGNORE THIS LETTER AS REGULATORY ACTION HAS COMMENCED ****

                        Irefer to your letters of 18th September, 30th October and13th November 2007.

                        Inparticular I refer to my letter of 17th September (copy enclosed):-

                        1. I draw your attention to paragraph 1of that letter and you have not complied with the CCA request.

                        2. I draw your attention to paragraph 3 ofthat letter. You have supplied a copy of a Halifax Current Account ApplicationForm but this is not a true copy of the original signed and executedcredit agreement bound under the CCA 1974.

                        Idraw your attention to the additional comments which I have made in that letterand also I have written to you tirelessly about this matter and repeatedlyasking you to provide the above information within stipulated time limits aslaid down by law, and which you have chosen to abuse. You have not provided mewith the required information and you are harassing me for a debt which at lawis now unenforceable. I have made no admissions to you regarding your claim,and I do not intend to do so. I view your correspondence and your lack ofability to supply information to me and instead harass me, as a serious breachof your trading licences. It is for these reasons that I have now lodgedcomplaints and I will let your regulators deal with you accordingly.Furthermore and for the record should you ignore this letter, while there is acomplaint in force and issue proceedings, I will use this letter and allprevious correspondence to be submitted in affidavit form as a defence to anyaction you contemplate. I will also claim costs.
                        Yoursfaithfully


                        MrsT

                        Then this was their final response very surprisingly...


                        capQuest
                        Debt Recovery



                        27 November 2007





                        Mrs Txxxxxx





                        DearMrs Txxxxxxxx
                        Iwrite in response to a letter dated 18 November 2007 and can confirm I havecompleted my
                        investigation into your account. __^
                        CapQuestInvestments Ltd purchased the above referenced account on 22 December 2006 fromHalifax Pic. We were not made aware of any dispute or issue with your accounton assignment.We received your initial request in writing on the05 April 2007 for a copy of agreement and deed of assignment. We contactedHalifax Pic for the relevant documentation. Halifax forwarded over documentation to us on08 August 2007 which was then issued to you on the same day.
                        Due to the nature of your complaint a decision hasbeen made to return your account to Halifax Pic in order that they mayassist you further in this matter. I can confirm that your account is nowclosed on our system. You will receive no further communication from CapQuestDebt Recovery regarding this account. Please forward any further communicationdirectly to Halifax Pic.
                        Should you wish to discuss this matter further pleasecontact me on 0870 084 3626. Yours sincerely





                        Ms L Slater
                        Quality and Assurance Officer



                        Last edited by TUTTSI; 6th August 2012, 21:57:PM.

                        Comment


                        • #27
                          Re: Dvsl/cap quest harrasing me at work

                          Originally posted by bluebottle View Post
                          Perhaps the reason DCAs don't lose their licences, Davy, is because PEOPLE DON'T COMPLAIN. If they complained more, OFT would know what was going on and be able to take action.

                          Without notice injunctions under the PfHA are not common, but they are used where circumstances make it necessary for them to be granted. They are usually granted where there is a risk to a person's health or safety. Section 3 of the PfHA is a civil remedy provision that Parliament has given to those who are the focus of harassment in order to restrain their harasser from continuing their conduct and jeopardising their health or safety. There are provisions under Section 3 that allow the applicant to seek an arrest warrant from the court in cases of non-compliance with the injunction. There is a clear warning on the PF39CH form that any non-compliance may result in a fine, jail or both.

                          From what I know of this case, I very much doubt what you refer to as "conventional means" would deter CapQuest. The Administration of Justice Act 1970 is a damp squib and no longer fit for purpose, imho.

                          I notice you have posted "convectional means". Are you suggesting the OP should turn up the central heating at CapQuest's office and make them "feel the heat"? Lol!
                          Hi

                          Yes the Admin of justice act is indeed dead in the water, a fact i pointed out to you on another thread as i remember.

                          By conventional means, I mean of course reporting to the regulator, in this case the OFT via the TS and initially the CAB.

                          D

                          Comment


                          • #28
                            Re: Dvsl/cap quest harrasing me at work

                            Hello I have just emailed OFT with my complaint and now about to call Trading Standards, I thank everyone for thier help and input into helping me address this issue. The letters should have arrived this morning which I was advised to send by BB, thank you. Lets see what happens from now on.

                            Maff81

                            Comment


                            • #29
                              Re: Dvsl/cap quest harrasing me at work

                              Tuttsi what a refreshing thing to see if you were a brand of lager it would definatley be Carlsberg. Maff81

                              Comment


                              • #30
                                Re: Dvsl/cap quest harrasing me at work

                                Originally posted by davyb View Post
                                Hi

                                Yes the Admin of justice act is indeed dead in the water, a fact i pointed out to you on another thread as i remember.

                                By conventional means, I mean of course reporting to the regulator, in this case the OFT via the TS and initially the CAB.

                                D
                                You can go straight to the OFT Credit Fitness Team via their enquiries@oft.gsi.gov.uk email address by inserting CREDIT FITNESS in the subject box of your email browser. You don't have to go via CAB or TS. In fact, you can go straight to your local TS with a complaint against a CCA Licence holder without involving CAB.
                                Life is a journey on which we all travel, sometimes together, but never alone.

                                Comment

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