Capquest on the loose..........................

[mystery1]

Re: Capquest on the loose..........................

You can pick the phone up and tell them not to phone you and they should go to court if they want http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

M1

[FlamingParrot]

Re: Capquest on the loose..........................

No letter yet just calls and texts EVERY FLIPPING DAY!!!!!!!!!!

You may want to look at the post quoted below. Log every call and text you receive. :thumb:

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

Following the brilliant result in Roberts v Bank of Scotland PLC [2013] EWCA Civ 882

Ms Roberts brought a county court claim for harassment following 6 months of telephone calls at a rate of approx 3 per day.
She won the Bank then appealed and lost badly Giving all consumers a nice Court of Appeal binding precedent of £7500 damages for the level of harassment she experienced.

This result is HIGHLY significant to anyone receiving intrusive levels of phone harassment for debts. Basically, once you tell them you don't want the calls, they can only resort to legal proceedings to 'encourage' payment. Telephoning you night and day is simply NOT acceptable.

IF YOU ARE RECEIVING SUCH CALLS, PT2537 and I have put together the following template letter to send:

__________________________________________________ __________________________________________________ __________

Dear Sirs

DATE

I am writing to place you on notice that your company is causing me alarm and distress due to the frequency of the telephone calls which I am receiving in relation to Acc: XXXXXXXX

Whenever the telephone rings, I am left feeling anxious and ill at the prospect of speaking again with your company as I have already repeatedly explained that I am unable to pay any/more money per month towards this account.Please be clear that these calls are far beyond a simple irritation or an unwanted interference, they fall clearly within the definition of Harassment.
I have made it clear to your company that I do not have the funds to pay you what you are asking. I have asked for these calls to cease however I have been told by your staff that they will continue to telephone me even though I have made it clear that I do not wish to discuss this matter further via the telephone.

I have received calls from …………………… On the following dates:
1)
2)
3)
(cont’d overleaf if required)

I require you to ensure that the recordings of these calls are secured and protected and above all must not be deleted, erased or tampered with as they will be key evidence in a claim which I am preparing to bring against your company. Destruction of these records may lead to contempt of court proceedings being brought against you.

I require these calls to cease with immediate effect; I will not discuss this matter with your company by telephone. I draw your attention to the Court of Appeal ruling in Roberts v Bank of Scotland PLC (Rev1) [2013] EWCA Civ 882 and in particular paragraph 37 & 38 of the Judgment. The court made it clear that the existence of a debt does not allow a creditor to persist in harassing the debtor.

I require you to confirm by return that you have secured and protected the recordings of the calls detailed above, I also require you to confirm that these calls will cease with immediate effect. Relevant numbers to remove from your system are listed below:
If you persist in telephoning me, I will issue an application for an injunction under The Protection from Harassment Act 1997 and I shall also seek damages for the same on the principles laid down in Roberts v Bank of Scotland [2013].

I trust you will treat this as a matter of extreme urgency.

Yours sincerely

[jules1707]

Re: Capquest on the loose..........................

Exellent, thanks guys I'll start making a log now and let it build up for a couple of weeks before going in with a harassment letter. I've had no written response since sending out the below on the 10th Feb.


Dear Sir/Madam,

Many thanks for your recent communication dated XX/XX/2014.

I acknowledge receipt of the documents you consider to be a reconstituted agreement.

However, and as I am sure you are aware, you would be unable to seek enforcement of this agreement in a court without the original document, signed by myself and containing the prescribed terms of the Consumer Credit Act 1974 (as amended).

I therefore state my position clearly that no payment will be forthcoming in relation to this legally unenforceable debt.

Yours sincerely,


XXXXXXX"

[wales01man]

Re: Capquest on the loose..........................

Good letter what is needed is a Library of letters like this

[jules1707]

Re: Capquest on the loose..........................

I've done screenshots from my phone of all of the texts and missed calls and emailed them to myself so at least that's a form of proof, maybe advise others to do this if their phone is capable of it......or even get someone to take pics of the screen!

[jules1707]

Re: Capquest on the loose..........................

I've had a new letter from Crapquest and would like to upload it but I just can't work out how to and I'm normally quite good at these things :tinysmile_aha_t: can someone help me please?

[mystery1]

Re: Capquest on the loose..........................

https://www.youtube.com/watch?v=B4OhdEnfNwI

M1

[jules1707]

Re: Capquest on the loose..........................

oooooo I've done it......

Attached is the latest from Crapquest can someone please advise on what (if any) response I should give to this...........thanks

[wales01man]

Re: Capquest on the loose..........................

! 2 and 3? how can they get that info? NO.4 probably available some of this on land registry

[ncf355]

Re: Capquest on the loose..........................

File and ignore

[FlamingParrot]

Re: Capquest on the loose..........................

oooooo I've done it......

Attached is the latest from Crapquest can someone please advise on what (if any) response I should give to this...........thanks

What a load of b*****s!

As they seem to be going round the houses with this, it's time for something a bit stronger! :grin:

Dear Sirs

Ref: xxxxxxxx

Thank you for your letter of xx/xx/2104, the contents of which have been noted.

I would like to refer you to my letter of xx/xx/2014 where I explained the position regarding this account, which is unenforceable as you have failed to supply me with a true copy of the credit agreement for this account. In my original letter, dated XX/XX/XXXX, I requested a copy of the credit agreement, i.e. an actual "replica" of the agreement allegedly signed by myself and your representative. To date, no such agreement has been sent.
Even the recent McGuffick and Carey cases confirmed that a lender should submit upon request a valid true copy of the original CCA. In MBNA v McCullagh; the Judge ruled;

"The terms and conditions are plainly not a copy of those on the original agreement. There may only be one difference identified (it is difficult to tell from the illegible copy of the original) but that is enough. The obligation is to provide "a copy of the executed agreement". This plainly cannot be a copy of the original agreement. It is not open to the claimant to say that the difference is 'de minimis'. They have to provide a copy of the original (reconstituted or otherwise)"

There are also several other recent cases that alleviate the Carey Judgment such as Hayes v HFC, at Blackpool county court in July 2010. She successfully overturned a charging order on her home. Judge Bell agreed that the reconstituted agreement was not accurate. Then you have the case of Kotecha v Phoenix in which Phoenix attempted to recover a debt owed on a HFC bank credit card. The appeal judges agreed the bank had not been able to supply an accurate copy of the original agreement. In Murphy v Cabot the recorder, Nigel Clayton, found the copy of the agreement was illegible. Similarly, in Paterson v Cabot Judge Russell decided the copy of that agreement was illegible, the terms and conditions were not the ones originally supplied. In both the Cabot cases they lost as they had clearly failed to produce a properly reconstituted document.

In line with the most recent OFT Guidance surrounding unenforceability (October 2010), you should be aware that the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

As the account is clearly unenforceable, I consider this account closed and no further correspondence should take place.

Yours faithfully,

[wales01man]

Re: Capquest on the loose..........................

I could have put that in 2 words the last one being OFF

[FlamingParrot]

Re: Capquest on the loose..........................

File and ignore

For the sake of a few pence, it's always best if your letter is at the top of the pile, especially since they decide to go to court. This fact has been corroborated by our very own PT. :yo:

They have supplied a recon and they may think that, because of Carey, etc. that should do the trick. It's best to set the record straight. If you tell them you won't be corresponding with them any more and why, then it may be possible to ignore further correspondence if it doesn't offer anything new in CCA terms. The letter previously sent only says no payment will be forthcoming, it doesn't say there will be no further correspondence until a true copy is supplied. :thumb:

[jules1707]

Re: Capquest on the loose..........................

WOW...............Thankyou sooooooo much. You have no idea how much I appreciate your help, I'm trying to be strong and stay calm but I have to admit I do get that sick feeling every time a new letter arrives.

Without all your support I would probably be sat rocking in a corner headbutting the wall.

I will send this letter today and wait and see again.

Thanks again you beautiful people .............

[jules1707]

Re: Capquest on the loose..........................

I did note that at the end of the letter they sent me they offered me a LARGE discount if I settle in full..............Maybe I'm wrong but I'd have thought that if they can prove I owe the whole debt they'd go hell for leather trying to get the whole debt in..........just a thought!