capquest

[mrjessdog]

I have spent this morning walking around in a haze of outrage!

My mother has paid CapQuest around £300. This is on behalf of my brother, who is abroad with the Armed Forces. My brother is married and it is possible that his wife (also overseas) has incurred a debt on a catalogue, although the source of the debt is uncertain.

CapQuest did not issue an invoice or any further details of the original debt or any collection charges or late penalties and said that, if the full debt was paid within 28 days, the debt could be reduced. The reason my mother became involved was that, at some point, the family home address must have been disclosed, possibly as a forwarding address. The threat of bailiffs attending was invoked as was that of a poor credit rating, although my parents are retired and own their home so are relatively immune from the impact of a poor credit rating.

So, this company has effectively pressurised someone into paying a debt that they did not incur, possibly with an additional markup as no details of the original debt were provided, based on the coincidence of a postal address and family relationship. This cannot be legal and doesn't seem much different from the debt collection methods of loan sharks.

Any tips as to redress actions? I'm trying to persuade my mother to visit the Citizens Advice Bureau (they are reconciled to losing the money) but something more concrete to go on would be useful, such as possible breaches of codes of conduct or the law that could be pursued.

[rory32]

Well if they discussed the account over the phone with your mother that's a clear breach of the data protection act for starters.

I would certainly make a complaint to Trading Standards about this companies practices. You can find your local one here

If you go to the CAB ensure that you speak to a qualified debt advisor and not someone who has done a one day course as the info they give you may not be completely accurate. I would certainly speak to National Debtline where would will speak to a qualified debt advisor. Tel: 0808 808 4000

[rory32]

The threat of bailiffs attending was invoked

Apart from not having bailiffs in Scotland they would require a decree. Sheriff officers can not just take possessions, they are actually very limited in what they can take and they must be goods that belong to the actual debtor and no one elses. The reason that they do this over the phone is because they can deny phone calls - they would never dare put such rubbish in writing.

as was that of a poor credit rating,

Again complete rubbish. The account would not effect your parents credit rating as they have no liability for it.

[mrjessdog]

Many thanks, I will pass this on!!

[mrjessdog]

Once again, many thanks. Spoke to my mother, they are likely to get in touch with CAB and the National Debtline. They have a record of some correspondence I will look over at the weekend.

One further point: my mother said that my brother had given CapQuest permission to divulge information to her. How does this stack up, given that it may well not be his debt?

This issue makes me angry. Fair enough, people should not default on debts but loans should not be handed out so readily, treated so cynically as a commodity, and pursued so mendaciously. Best wishes for your continued endeavours!

[rory32]

my mother said that my brother had given CapQuest permission to divulge information to her. How does this stack up, given that it may well not be his debt?

Well the permission would have to be in writing. To legally collect a debt via a third party you have to have received a notice of assignment from the original creditor and then a letter from the third party (Capquest) reiterating this right to collect on the account. In Scotland this is known as assignation and is a legal requirement if you wish to collect on a debt.

One further point: my mother said that my brother had given CapQuest permission to divulge information to her. How does this stack up, given that it may well not be his debt?

If it's not his debt then he has to dispute it. The permission would have to be in writing.

Really we need to know the general contents of the correpondence before we can advise on a specific way forward on this.