Hello everyone ! New member ready to take on Capquest

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

I note you are citing unlawful harassment in your claim. Are you bringing this under the Protection from Harassment Act 1997? If so, you should claim not only for any financial loss, but anxiety suffered as a result of their conduct. The High Court ruling in the case of Ferguson -v- British Gas Trading Ltd 2009 means that a company can be held liable for harassment.

I mentioned the anxiety in the POC. Would you be kind enough to have a look at my POC and advise if I should change anything ? I am not sure if I can send you a direct email with the attachment. I hear these (DCAs) people have spies everywhere in the forums.

[bluebottle]

Re: Hello everyone ! New member ready to take on Capquest

I mentioned the anxiety in the POC. Would you be kind enough to have a look at my POC and advise if I should change anything ? I am not sure if I can send you a direct email with the attachment. I hear these (DCAs) people have spies everywhere in the forums.

I'll send you a PM. Check your inbox in five minutes.

[miliitant]

Re: Hello everyone ! New member ready to take on Capquest

hi matrix

applologies i did not get back to you on the POC

i have been across the pond with uncle sam and just got back
just shout if you need help

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

hi matrix

applologies i did not get back to you on the POC

i have been across the pond with uncle sam and just got back
just shout if you need help

Would you mind having a look at my POC and advise if there is anything I should change ? Many thanks in advance.

[miliitant]

Re: Hello everyone ! New member ready to take on Capquest

pm sent

[miliitant]

Re: Hello everyone ! New member ready to take on Capquest

hi matrix

as crappyquest trashed your credit files i take the the account that was sold by natwest to crappyquest was by an absolute assignment

if you do not know thats ok but do you have any assignment notice from crappyquest

just keeping things factual

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

I have one letter from Natwest stating that they sold the account to Capquest and one letter from Capquest stating that they purchased the account from Natwest. It states clearly in the Natwest letter that "all further communications should be directed to Capquest and not Natwest" and the same in the letter I received from Capquest.

[miliitant]

Re: Hello everyone ! New member ready to take on Capquest

are the dates the same

the one natwest say they sold the acount and the one from crappyquest saying they purchased the acount on xyz

both letters it seems came from crappyquest using natwest headed paper if both letters were in the same envelope

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

The letter from Natwest is dated the 9.12.2011 and the one from Capquest is dated 12.12.2011. When I received the letters I was wondering what were they buying and selling.

[miliitant]

Re: Hello everyone ! New member ready to take on Capquest

do any of the letters say what date the debt was sold, something like

we have sold your account on xyz or
we purchased your acount on xyz

[matrix2012]

Re: Hello everyone ! New member ready to take on Capquest

On the Natwest letter it says

"9 Dec 2011
Dear xxxxxx,
We hereby give notice that we have sold your National Westminster Bank account number xxxxxxxx to Capquest Investments Limited". Your account will be administered by CapQuest in accordance with the Consumer Credit Act 1974 and the Lending Code. Capquest is licensed under the Consumer Credit Act 1974 to administer and collect debts. "

On the Capquest letter it says :
"
12 Dec 2011
Dear xxxxx,
Debt Purchased from National Westminster Bank
Account numberxxxxxxxx

You will recently have received a letter from National Westminster Bank notifying you of the involvement of CapQuest Debt Recovery Limited with your above account. ..........All payments should be made to Capquest. "

[miliitant]

Re: Hello everyone ! New member ready to take on Capquest

thats fine

as stated, just need to be factual

[The Debt Star]

Re: Hello everyone ! New member ready to take on Capquest

Any update on this? Calling matrix...

On reading this thread, have I missed reference to a complaint being lodged with the FOS? I complained about CrapQuest on a similar matter and got a small amount of compo. Nothing major, granted, but the FOS route worked.

[Lundy]

Re: Hello everyone ! New member ready to take on Capquest

Sorry I am a bit late to this thread (new member here), but if there is still time, you can also threaten Capquest with a civil and possible criminal action under the Protection from Harrassment Act 1997. The civil part of the Act entitles you to possible damages for harrassment and the criminal part of the Act allows you to take out criminal proceedings. The criminal case is harder to prove and needs you to demonstrate that a "course of conduct" equals threatening behaviour over time. This might be provable as the company has hassled you several times. Just to add to your available list there is also no harm in trying the Malicious Communications Act which provides remedies for exactly that, malicious communications. While perhaps not as sound as your original action what they might do is afford you additional pressure on the company to settle out of court in the knowledge that at least one of your actions will put them in deep do-do.