Another letter on behalf of Capquest need advice

Bertram_2

Not sure of their complaints department's email address . You don't want to waste a stamp on them and for some very odd reason, complaints to DCA's seem to get lost in the post quite often.

So maybe send it to [EMAIL="collections@capquestco.com"]collections@capquestco.com[/EMAIL].

You'll need to edit it a little as an email . so :

----
<name>
<address>
<alleged account number >
<date>

ATTENTION : TO BE FORWARDED TO CAPQUEST COMPLAINTS AND COMPLIANCE MANAGER

Dear Sir

Harassment Warning & Notice of Formal Complaint

In breach of :

Public Order Act 1986 (c. 64) 4(a)
Administration of Justice Act 1970 (c.31) s(40)
Protection from Harassment Act 1997
Office of Fair Trading Debt Collection Guidelines 2006 2.8 (a,b,j), 2.12 (a, f, g)
The Consumer Protection from Unfair Trading Regulations 2008 section 7 (2)

Following the unsolicited visit of your agent to my premises on [date] , I wish to make a formal complaint . Please forward me your complaints procedure to the above address within 21 days. Should this request be ignored I will have no alternative than to contact the Financial Ombudsman directly .

For your future reference :

I am only prepared to communicate with you in writing. Should it be your intention to continue to send 'doorstep agents' to my premises, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.) and doorstep agents representing your company are not of the afore mentioned prescibed list.

Take note therefore that I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone from a doorstop collection service company to visit me and should it be necessary, I will seek an injunction.

Note also , each and every further breach you make of the Office of Fair Trading debt collection guidelines that you are obliged to abide by will not only be reported to them, but will also be followed up by another formal complaint to yourselves.


Yours

[print name]

Bertram_2

Could send them another email at the same time.

Dear Sir/Madam

You have contacted me regarding the alleged account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to capquest or any other organization you represent.

I am are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make formal complaint(s) to yourselves and complaint regarding to the trading standards department and informing the OFT of your actions.

I look forward to your reply.

Yours

rachpoppy

Thanks you sooooo much for such a great response.
I realise now that I was a complete burk to give out my d.o.b. but you just get caught up in the moment, blurt it out and then think "oh poo, shouldn't have done that"!
I am still fuming that they had the nerve to visit my house and ask for money that I don't owe.
I will certainly be sending off the emails that you've given me and will let you all know the outcome (if any!).
Thanks again.

Tozer

Bertram wrote: »

Not sure of their complaints department's email address . You don't want to waste a stamp on them and for some very odd reason, complaints to DCA's seem to get lost in the post quite often.

So maybe send it to [EMAIL="collections&#64;capquestco.com"]collections@capquestco.com[/EMAIL].

You'll need to edit it a little as an email . so :

----
<name>
<address>
<alleged account number >
<date>

ATTENTION : TO BE FORWARDED TO CAPQUEST COMPLAINTS AND COMPLIANCE MANAGER

Dear Sir

Harassment Warning & Notice of Formal Complaint

In breach of :

Public Order Act 1986 (c. 64) 4(a)
Administration of Justice Act 1970 (c.31) s(40)
Protection from Harassment Act 1997
Office of Fair Trading Debt Collection Guidelines 2006 2.8 (a,b,j), 2.12 (a, f, g)
The Consumer Protection from Unfair Trading Regulations 2008 section 7 (2)

Following the unsolicited visit of your agent to my premises on [date] , I wish to make a formal complaint . Please forward me your complaints procedure to the above address within 21 days. Should this request be ignored I will have no alternative than to contact the Financial Ombudsman directly .

For your future reference :

I am only prepared to communicate with you in writing. Should it be your intention to continue to send 'doorstep agents' to my premises, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.) and doorstep agents representing your company are not of the afore mentioned prescibed list.

Take note therefore that I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone from a doorstop collection service company to visit me and should it be necessary, I will seek an injunction.

Note also , each and every further breach you make of the Office of Fair Trading debt collection guidelines that you are obliged to abide by will not only be reported to them, but will also be followed up by another formal complaint to yourselves.


Yours

[print name]

All very impressive but COMPLETELY over the top. Injunctions? I would laugh at that if I received it.

And then not sign it? Why not?

Suggest you simply put them to proof that the debt is yours and ask for all future communication to be in writing.

holliestar

Hi i recieved a letter from a company caled telogram about 2 weeks ago saying that they are the authorised agent for Phoenix recoveries (uk) limited SARL? SAYING THAT THEY ARE MAKING NECESSARY ENQUIRIES TO ESTABLISH THE CURRENT ADDRESS OF ME THEN THEY PRINTED A ADDRESS UNDER IT WHICH WAS WRONG.
iT BEGAN TO CONFUSE ME FROM THEN ON GOING ON ABOUT EQUIFAX AND THAT THEY WILL BE CONTACTING MY NEIGHBOURS TO SEE IF I LIVE HERE AND STUFF LIKE THAT. I TAKE IT THAT THESE PEOPLE THINK I OWE THEM SOMETHING.
i DIDNT RING THEM AS THEY SAID I MUST GET BACK TO THEM BY A CERTAIN DATE BLAH BLAH.
tHEN A WEEK LATER I GOT A LETTER FROM HL LEGAL SOLICITORS SAYING THAT THEY ARE ACTING ON BEHALF OF CAPQUEST AND WANT TO CONFIRM THEY HAVE THE CORRECT ADDRESS THEN GAVE ME A NUMBER TO CALL ASLO BY A CERTAIN DATE WHAT SEEMED FUNNY TO ME THE PHONE NUMBERS ARE THE SAME 01252576376 ON BOTH LETTERS.
THEN THIS MORNING I GOT A LETTER FROM CAPQUEST SAYING I OWE THEM £528.40 FOR THERE CLIENT LITTLEWOODS FINANCE COMPANY ALSO SAYING THEY WANT ME TO CONFIRM ADDRESS OR THEY TAKING IT TO COURT AND BAILIFFS WILL COME TO MY HOUSE.
aT THIS POINT IM GETTING REALLY FED UP WITH THIS SO I RANG THE NUMBER ON THE CAPQUEST LETTER ONLY TO BE PUT ON THE PHONE TO THE MOST ARROGANT MAN, WHO TOLD ME TO CONFIRM NAME ADDRESS AND DATE OF BIRTH ALL THE THINGS WHICH THE LETTERS WANT ME TO CONFIRM, I TOLD HIM I DIDNT WANT TO CONFIRM THE DETAILS AND GAVE HIM A REF NUMBER ONTHE TOP OF THE LETTER BUT HE JUST SAID IM NOT TALKING TO YOU UNTILL YOU GIVE ME THE DETAILS AND I STUCK TO MY GUNS AND SAID NO THIS WENT ON FOR 2 MINS OR MORE. THEN HE HUNG UP.
The thing is i have never had any dealings with littlewoods what so ever or have any debts which i am not dealing with. i have checked my credit file with experian and it shows everything is up to date and being paid.
Hve i made things worse by telephoning them but as i say we didnt get past the name stadge so im still non the wiser really.
I do not want bailiffs coming to my home as i know i dont owe anything me and my partner have worked to hard for what we have for someone to come and take it.
I worried about what i should do to be honest has anyone else had this and how do you deal with it.
thanks

Ames

They can't send bailiffs until they've taken you to court and you've broken any agreement made there. They could possibly send a doorstep collection agent but you don't have to talk to them - they've no rights whatsoever.

peachyprice

Tozer wrote: »

And then not sign it? Why not?

Because they will copy your signature and use it on a CCA.

Tozer

peachyprice wrote: »

Because they will copy your signature and use it on a CCA.

Fraud? Thats a completely different matter.

Telogram_break_law

When these people send letters demanding information or payment about a person, check the letter carefully
I received one a few days ago in which Telogram have stated they require information by their deadline or they will contact neighbours by phone
This clearly constitutes a threat of harassment, further it could be Slander by innuendo, Defamation, Libel & of course harassment of whom ever they contact
When I called them about this, they refused point blank to tell me what was the cause of their action, the purpose of seeking information about me & demanded to know previous addresses & date of birth
I have demanded of them, under Auldi Alteram Partem, the right to reply to know the reason for their actions
The law in the UK is very clear on this, you have the absolute, non-revocable right to know of any allegation made against you so that you may defend against it
These people also used an address outside the UK as a previous address, one that I was never resident at, in a country in which I have not opened any accounts, I have never had credit checks done in that country & have no transaction history there
Clearly they are acting unlawfully & are seeking information from foreign agencies without any remit or authority

Bottom line, demand of them full account disclosure including a copy of the original bill/invoice & any applicable contract agreement
If they have not given the reason for the inquiry, fire off a complaint to them & the ombudsman & notify them of your administrative charges
As a company director, I charge a minimum consultancy fee of £1500 & £300 per hour, well I am very good at my Job
Charge them the full going rate, or if your partner earns more, let them represent you & charge the higher rate, you cant for the first letter but you can for any subsequent letter if they fail to disclose & follow the laws
I had similar with Wescott Ltd. so I demanded of them a copy of the original invoice, copy of letter of authority or contract to act as agent for the claimant & informed them in writing of my charges in event that they fail to comply
It seems there was a mistaken identity & they withdrew their claim

Little_Menace

Hi, I'm hoping someone can give me some reassurance?? I've recently received a letter from Telogram Ltd, saying they were acting on behalf of British Gas and that I needed to phone them to confirm my last known address - which was an address that I've never lived at! I ignored the letter thinking it was rather dodgy, and then received a letter from HL Legal solicitors, saying that I needed to phone Telogram by a certain date or they'll take further action to verify my last known address. I phoned British Gas and they confirmed that they've never heard of Telogram and also confirmed what I'd suspected - that if British Gas needed to confirm my details, they would get in touch with me directly! They said to ignore the letters.
I googled Telogram and read the responses on this forum, everyone seems to agree that ignoring the letters is the best idea. Can anyone please just reassure me that I won't get scary bailiffs turning up at my door if I ignore the letters?? As a young woman living on my own, it's frightening to get these letters, and I'm very angry that these people are getting away with intimidating innocent people!
Thanks in advance :O)