Tristar v CapQuest

[tristar]

Hi all,
Have started with several DCA's, but this is the CrapQuest saga.

Crap "purchased debt from Northern Rock on 08 July 2005. I have made 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

[iancognito]

The words a*** and elbow spring to mind!

Good letter, concise and asks all the right questions, I take it you have not corresponded with NR over any of this?

Eagerly awaiting their response as I have a similar situation with IJ playing silly beggars, bet they get fed up before I do!

[diskmandave]

A trip to Trading Standards never does any harm!

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

Regards, Dave.

[tristar]

Will update on reply when received. Still getting calls and will start logging / recording for future reference.

Nice to see the TOP :banana: !! taking an interest, nice to see you here DMD. But don't desert the others eh??

[tristar]

Hi all quick update,

Furnished consumer direct with details of the saga so far, below is the emailed response. I have highlighted my favourite bits in blue. received x3 calls today, would like a really nice script to reply with as I always seem to get a bit tongue tied when I'm talking to them, mainly thru frustration and anger, but would like to come across as calm, in control and very knowledgeable, anyone??

here's the reply from consumer direct

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


Tri

[tristar]

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 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 . 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

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

All calls have ceased

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

[diskmandave]

Looks like all is going well.. :banana:

[tristar]

Thanks Dave,

yes as it stands they seem to be on the back foot, but you never know what their next (probably illegal) stunt will be, so it's a case of keeping on your toes. 5 day deadline has come and gone with no response so now its the 28 day deadline.

Lets see eh?

DMD thanks for keeping an eye out, it's much appreciated both here and across the road.:banana:

[tristar]

Hi all, I think I have a result

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

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

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

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

Tri

[diskmandave]

For my money, that should be the end of the matter. Maybe TS's did play some role in their final decision. Be sure to check credit file promise and i'ld be keeping that letter very safe...!

Good result, regards, Dave.

[davidandgoliath]

Re: Tristar v CapQuest

Hi all out there who have had dealings with capquest and similar organisations. I have read various posts that basically say it is the debtors fault and they should pay up even if the debt is over the six year period and is no longer inforceable. My concearn is telephone harrassment by this company which I have had to endure for months. It is true that you should pay a debt both morally and legally. It is also the case that the debt collection company should act within the law and they too have a moral obligation to treat the debtor with compassion.

I propose that we join forces in taking action against Capquest using the law available to us. This action should include an amount of money for damages for each individual. It will send a message to any debt collection company, credit card or bank that they too must act within the law.

The law is quite clear and they have no tangible defence, it is just that a debtor does not usually have the funds to fight an action. Consider the debts that Capquest gave purchased which can not be claimed through the courts because they are over six years old. How can they claim them, how can they recover the debt. Simple, telephone, write, threaten, telephone, write, threat forever. This is not only harrassment, assuming the calls are on numerous occasssions each week but by purchasing debts which can only be recovered in this manner they have made a concious decision to enbark on this illegal path. That would not be the case if they considered the debtor would be willing to pay them and if the debtor said they were not liable Capquest then left them alone. They do not leave them alone.

The amount of times they phone is not defencible but as an individual with your back against the wall it is a fight that is difficult for you. If a judge has to read account after account of the misery they have imposed upon the debtor who simply can not pay what they ask I believe the outcome of such a legal action wil be swift and severe. The damages imposed will send out a clear message to all those who employ these methods.

In my experience those who operate as a legal entity as they do become very annoyed when the law they claim to enforce turns upon them. On that basis if there is a willingness for numbers of people to come together to fight such an action, we would also include the police from the outset. Harrassment is a criminal offence and those guilty of it can be sent to prison. The blame is not just Capquest and other companies are engaging in this illegal activity. Capital One bank also telephone repeatidly and if you Google search in the USA you will see that the USA are somewhat ahead of us with legislation.

For those out there who think the debtor should just pay up you are naive. If you could pay the debt to stop these people telephoning, you would. You can see every day on the news, people are made redundant, people divorce, people become ill. Take just the example of ilness. Suddenly you can not work, you can not pay your bills or look after your family. You can become depressed, start to lose your home and posibly your marriage. You try to look on the btight side and pull yourself together. But day after day debt collection agencies relentlessly telephone. If you make a payment even leaving you without food and have told them how bad things are, within two days they will phone again, and again and again. If you tell them you are unwel and the endless calls are making it works, they phone, if you plead they phone, if you threaten, they phone.

I do not want to take on this battle and I am more than capable of dealing with Capquest on an individual basis. But what about those that can not. If there is a large number of people out there who want to come together to fight a joint legal claim then let us do it. If not, I will simply change my phone number. This is my first time on one of these forums so those of you who know how these things work please contact others.

For those of you who wish to make a stand against any of us who want to take on these debt companies I would point out that years ago I was employed as a debt collector. We did not use thesemethods which are disgusting. Even so one of the debtors my collegue regularly chatted to on the phone, on first name terms, killed himself. You will have mixed opinions as regards his death but my work collegue was a decent person and the look on his face said it all.

Of course people should be allowed to chase a debt, a phone call once a week is more than enough. Day after day is why the laws relating to the use of the telephone and harrasment laws were introduced. They are not above the law.