Dvsl/cap quest harrasing me at work

[maff81]

I have of late received many phone calls at my work from this company asking personal date about myself and my boss is getting real annoyed. I have asked them to contact me by letter only and thye continue to ring my work place twice or more a day, they also have my phone number and persist in ringing me all day long. In the job I am in I am not allowed to use the phone whilst working.

The debt they say they bought from Nat west bank was from 2004/05, I have not heard anything from Nat West nor have I acknowledge the debt in writing or by phone had no judgements against me where do I stand? Also not paid any money for alleged debt.

Its getting me down as letters are arriving at my partners address and she is worried she will get someone at the door asking to take her house hold belongings. Also have young children.

I told them on the phone fri just gone that I I am excersizing Statute-barred, they said its not recognised. Please can anyone help. I am also worried if they carry on ringing my work i will be sackedI have not heard from anyone regarding this debt only this year? Regards.

[miliitant]

Re: Dvsl/cap quest harrasing me at work

Morning

give me 5 minutes

[maff81]

Re: Dvsl/cap quest harrasing me at work

Thank you so much

[miliitant]

Re: Dvsl/cap quest harrasing me at work

Your Street
Town
City
Postcode

DATE HERE

Company Name
Road
Town
City / County
Postcode

Re: Harassment by telephone


ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to 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.

Yours faithfully,



[NAME HERE]




statute barred and the debt collection agency are still attempting to collect.

(Address)

(Date)

Dear Sir / Madam

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

4. I informed your company on 3/08/2012 explaining that I had no wish to pay towards a debt that was barred by the statute of limitations Act 1980

5. I am now of the view that your actions are of pure harrassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection.

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again,that even if the debt were mine, I would not pay it.

7. I am sure you are also aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days. Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and Gareth Thomas - Undersecretary Of State For Trade And Consumer Affairs.

I hope this letter makes my position COMPLETELY clear

Yours faithfully

[miliitant]

Re: Dvsl/cap quest harrasing me at work

send the above letters to crappyquest by recorded delivery

that will put a stop to it

if they phone while the above letters are being sorted

tell them you have sent letters and any further phone calls will be reported to the office of fair trading and contacting debtors at work in contrary to legislation from the OFT

[maff81]

Re: Dvsl/cap quest harrasing me at work

Oh thank you so much this was starting to get me down I really appreciate it . I will write this today and send off tomorrow and let you know how It goes.

Kid regards

Maff81

[miliitant]

Re: Dvsl/cap quest harrasing me at work

PLEASE DO

i do not like crappyquest very much, as you have found out, they seem to think their commission hungry drone monkeys are above the law

that is why we have forums such as this

[bluebottle]

Re: Dvsl/cap quest harrasing me at work

Hi Maff,

If Miliitant's "Back Off or Else" letters don't get through Capquest's thick skulls, you have the option of applying to your local county court for a Prohibitory Injunction under the provisions of Section 3, Protection from Harassment Act 1997. You will need the assistance of a legal professional to complete the necessary form (which I am attaching to this post along with the PfHA and OFT Debt Collection Guidelines). You can obtain free legal advice from your local Law Centre or Community Legal Service office. Seeking an injunction is a serious matter, but in the case of Section 3, PfHA, you do not have to give notice to Capquest or Natwest.

In fact, going by the level of harassment to which you and your partner are being subjected, a Prohibitory Injunction may be the best course of action to take. See if Miliitant's "Back Off or Else" letter work first. If Capquest carries on, then hit them and Natwest with a Section 3 injunction.

If you have to obtain an injunction and it is granted by the court, please be aware that you must inform OFT Credit Fitness Team and your local Trading Standards Department immediately. In fact, I would report Capquest's harassment to the Credit Fitness Team today. Send a complaint by email to enquiries@oft.gsi.gov.uk and insert the words CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint and list all and any breaches of the OFT Guidelines in the complaint.

[maff81]

Re: Dvsl/cap quest harrasing me at work

Bluebottle thanks so much for your advice I am overwelmed by yours and Miliitant's help with this issue. You have very good sound advice. This companies are very aggressive and rude one woman who rang me was asking personal questions when my girlfriend told me to tell her that I was not answering them she said we will ask your neighbours and send someone to my employer. They are disgraceful people who need to be thrown into a large vat of pigs slurry and left to simmer for about 6 months.

Once again kind thanks for your advice, my poor girlfriend has just been diagnosed with a bad heart and this isnt helping. Maff.

[bluebottle]

Re: Dvsl/cap quest harrasing me at work

Get the complaint off to OFT straight away. What the woman at Capquest has said to you is not only totally out of order, it is also tantamount to Attempted Blackmail as unless they can prove they have a right in law to make a demand and the threats they are using are a proper means of enforcing the demand, they are committing a criminal offence. In view of your girlfriend's recent diagnosis of heart problems, I would also speak to Trading Standards first thing tomorrow morning and face the fact that an injunction may be a necessity, rather than an option.

[maff81]

Re: Dvsl/cap quest harrasing me at work

Thanks I will do that company just do not listen to anything anyone says I told them not to phone my work and they keep doing it and its causing problems, the sooner thay stop the better bloody idiots. Its so refreshing to know that these kind of forums exsist and that there are capable decent people willing to offer others their knowledge and expertise. Fab job you all do . Maff81

[bluebottle]

Re: Dvsl/cap quest harrasing me at work

You're welcome, Maff. Let us know how you get on. Your job, health and, most of all, your girlfriend's health are the most important things that matter.

[maff81]

Re: Dvsl/cap quest harrasing me at work

Good morning all, well phone has been ringing non stop this morning from Crap quest this time from 0208 4958734 I didnt answer as I was writing those letters, and it felt good. Somehow I dont think they will stop ringing as they are still phoning after they told me they would stop harassing my work place and they been phoning them already this morning. Letters are in post now recorded delivery so we shall see. My Girlfriend is still upset and its been making her very worried and she has blood pressure but I really hope that it all stops. Once again thanks so much for all your help people its comforting to know their are some genuine kind people out there to offer support and help. Maff

[bluebottle]

Re: Dvsl/cap quest harrasing me at work

Maff,

I would speak to your local Law Centre, Community Legal Service office or, if you have one, a solicitor, about obtaining an injunction under Section 3, Protection from Harassment Act 1997 and do it today. You need an injunction in place within the next 72 hours at the very most. I would also inform OFCOM of CapQuest's almost continuous ringing to your home and workplace. Ask your workplace to log all calls and let you have details of them. Tell your boss you are going to speak to a solicitor about obtaining an injunction to stop CapQuest ringing your workplace.

In addition to breaching the Protection from Harassment Act 1997, there is also evidence of offences, on the part of CapQuest, under Section 1, Malicious Communications Act 1988 and Section 127, Communications Act 2003.

There is case law under the Protection from Harassment Act 1997 which means companies can be held liable for a course of conduct amounting to harassment. The particular case law is Ferguson -v- British Gas Trading Ltd 2009 and is a ruling by the High Court, so it is legally-binding on lower courts.

[Guest]

Re: Dvsl/cap quest harrasing me at work

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