Crapquest - request for signature

romangb

Hello,

I've read most of the stuff about capquest and I'd like to also ask for help with dealing with them.
I've got debt to capital 1 which has been passed to capquest to enforce. I do not agree with all the charges that have been put onto my accout therefor I have sent a CCA request and £1 postal order recorded to Capquest. The letter and the postal order has been returned saying:

' Thank you for your correspondence.

We would advise you that we have returned your letter and fee as our client requires that any written requests are signed by the account holder beforethey will process the request.

Please can you sign and return your letter and fee so we can forward your request onto our client. '


It's been advised to me not to sign any correspondence just print my name and surname which I've done to prevent copying my signature.

Could you tell me what should I do now?

king100

romangb wrote: »

Hello,

I've read most of the stuff about capquest and I'd like to also ask for help with dealing with them.
I've got debt to capital 1 which has been passed to capquest to enforce. I do not agree with all the charges that have been put onto my accout therefor I have sent a CCA request and £1 postal order recorded to Capquest. The letter and the postal order has been returned saying:

' Thank you for your correspondence.

We would advise you that we have returned your letter and fee as our client requires that any written requests are signed by the account holder beforethey will process the request.

Please can you sign and return your letter and fee so we can forward your request onto our client. '


It's been advised to me not to sign any correspondence just print my name and surname which I've done to prevent copying my signature.

Could you tell me what should I do now?

You can do a few things

Quote them this

Goodman v J Eban Ltd (1954)

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even though the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.


Or this


Interpretations act 1978

Schedule 1

1973 c.37.

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly


bit more on Gooderman

Goodman v. J. Eban also determined that there was no requirement for a signature to be in the form of the name of a natural person, and thus that when signing on behalf of an organisation it is sufficient to sign in the name of the organisation. Furthermore, the signature does not need to take the form of handwriting, so that it is permissible to affix the signature to the document mechanically by such means as a rubber stamp, printing or typewriting.

fermi

romangb wrote: »

Hello,

Reply: http://forums.moneysavingexpert.com/showpost.php?p=11636349&postcount=6

romangb

Thank you for the quick reply, the letter looks good and I wonder what the response is going to be.
They always find some way.
I'll let you know when I get the response.


Thank you

fermi

They will probably try to fob you off with a further line of bullwarks.

However, your request is valid and the clock is ticking.

If they want to play silly games and return the fee, then that is their problem. The request remains valid and binding.

romangb

I've just posted the letter including their reply and original fee.

They don't have much time to obtain the credit agreement if it exists and if it does I don't think there is a signature on it as it was done over the internet. So I do understand why the are trying th get a signature out of me.

What happens next after the 12 working days? Can I dispute the debt even though there is one but they failed to provide the agreement? Should they take me to a court would it stand?

chanz4

if its an internet agreement, the electronic tick replaces the signature box.

FTW

fermi wrote: »

They will probably try to fob you off with a further line of bullwarks.

However, your request is valid and the clock is ticking.

If they want to play silly games and return the fee, then that is their problem. The request remains valid and binding.

An excellent written response to such a transparent fob-off by Crapquest would be 'My request to you remains valid even if not signed by me'.

romangb

I've just received a written responce to the letter you advised me to send with regards to their signature request. I did send a CCA request and told them about the 12 day deadline.

This is Capquest reply:

' We thank you for your recent correspondence.

Please find attached your £1.00 postal order fee which you supplied for a copy of the agreement for the above account.

We would advise you that this account has been referred back to our client. Please contact Capital one bank plc direct with any queries or requests. '


What does it mean? Does the 12 day deadline not apply anymore? They tried to enforce the money therefor they are responsible and should not return the case back to Capital one. What are my rights with regards to my CCA request and what should I do?

Can anybody help?

mum2one

Its gone back to Capital One, so I would contact them re the charges, and almost go back to square 1, and do the CCA reques to them.