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Old 15th March 2008, 12:31   #1 (permalink)
pebs
Classic Account Customer
 
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Default I dont believe it!!

After getting rid of my final debt and defaults at the beginning of the month I was shocked to see on my equifax online report today that a dca called capquest has done an enquiry search on me yesterday.
Not knowing what it was for or wanting to get any adverse credit I rang them straight away, they tell me that it was for a shop direct account from years ago and that I owe £577 , I do not remember ever having a shop direct catalogue and I think I would remember owing someone that much. Also I noticed on the search my surname is spelled incorrectly.

I have told them I have no idea what they are talking about so they told me to put it in writing....any advice please?

Last edited by pebs; 15th March 2008 at 12:44.
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Old 15th March 2008, 12:43   #2 (permalink)
fuzzybobble
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I am in: the process of fuzzybobbling Bryan Carter & Co
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Default Re: I dont believe it!!

I'd wait until they write and actually provide an account number and say in writing what you owe and what it was for.
Then send them a CCA request letter with £1 postal order.
Don't sign the letter. Print your name. As it's suspected that some DCA's scan your signature and add it to a blank agreement.
Don't bother with phone calls. It's best to have everything in writing. (Make sure you file everything they send you, and keep copies of everthing you send to them. Especially recorded delivery slips, postal order receipt, and a printout off the royal mail website's track and trace, so you can prove the CCA request was delivered to them.

Then sit back and wait for them to prove you owe them anything.
In the meantime, look what everyone else is doing on here, so
you'll know what to do next.

Can I ask what year this debt was? and when was the last time any payment was made? I'm asking as if it's been 6 years or more, then it may be Statute Barred.

Keep this thread updated with what happens, and people will be on hand to advise you if you need help and advice.
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Old 15th March 2008, 14:43   #3 (permalink)
pebs
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Default Re: I dont believe it!!

Thanks.

I dont know when this account was from as I dont even remember having a shop direct catalogue.
I have just moved house and was in my previous address for 4 years and I never had anything on credit there at all. The last catalogue I had was studio in 2003, this has been settled.
I am thinking if it is mine it must be from a long time ago, but why havent they chased me before now? I am always on the electoral register so I have not been hiding!
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Old 15th March 2008, 15:09   #4 (permalink)
pebs
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Default Re: I dont believe it!!

Another quick question....if I ignore them can they put a default on my credit files?
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Old 15th March 2008, 15:15   #5 (permalink)
DCA-KING
Gold Account Customer
Default Re: I dont believe it!!

ok write to the credit agency and add a notice of correction so anyone who sees your file will know that the default is in dispute i would CCA capquest asap also stating that you owe them nothing and that you want proof if they fail report them to Information Commissioners Office and FOS OFT
regards DK
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Old 15th March 2008, 15:19   #6 (permalink)
pebs
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Default Re: I dont believe it!!

Thats the strange thing though, there is no account on my file, they have just ran an enquiry search yesterday. I only rang them to say "why are you doing an unauthorised search on me and they tell me I have a debt.
I am wondering if they can add it to my file?
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Old 15th March 2008, 15:26   #7 (permalink)
Docman
Platinum Account Customer
Default Re: I dont believe it!!

A CCA request is fine if you know there is a credit agreement. Often there isn't with catalogue debts.

If you don't want to wait until the Crapwest sausage machine starts issuing its usual threat-o-grams, you could always send a Subject Access Request under the Data Protection Act. That way you can find out what they have about you and then if needed, you can go for a CCA. Snag is it does cost £10 though.

If CQ comes back saying they have nothing on you, then you should write to the credit reference agencies requesting removal of all information of CQ's request because CQ have confirmed they have no data on you.
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Old 15th March 2008, 15:31   #8 (permalink)
pebs
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Default Re: I dont believe it!!

I think that if I do have a debt, it would definatley be over 6 years old as I cant remember it, also as I had a default in 2002 from activ kapital I have been unable to obtain normal credit for the past 6 years.
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Old 15th March 2008, 23:00   #9 (permalink)
pebs
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Default Re: I dont believe it!!

Do we have a template letter for statute barred or just one to ask them to prove the debt on here?
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Old 16th March 2008, 00:26   #10 (permalink)
DocH
Classic Account Customer
Default Re: I dont believe it!!

Yes there is. You need letter M from these template letters:

Creditors and DCAs - Letter Templates & Budget Planner
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Old 16th March 2008, 12:01   #11 (permalink)
pebs
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Default Re: I dont believe it!!

Thanks, I knew there was one somewhere!
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Old 16th March 2008, 13:09   #12 (permalink)
midnight1
Basic Account Customer
Default Re: I dont believe it!!

SDFS, heard a lot of people getting these turning up out the blue. We had one but Fredricksons chased us. Funny thing is we have never had nor delt with catalogue companies especially not choice or littlewoods! The debt according to their last date of acknowledgement was statute barred but they refused to accept that, CCA'd them and still waiting. The file that appeared on his credit file dissapeared when they failed on the CCA request, guess they had no proof.

You probably have the same name as someone they are trying to get money out of.
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Old 16th March 2008, 13:36   #13 (permalink)
pebs
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Default Re: I dont believe it!!

Can I still send the statute barred letter even though I dont believe the debt they are chasing is mine?

Last edited by pebs; 16th March 2008 at 14:07.
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Old 16th March 2008, 14:36   #14 (permalink)
midnight1
Basic Account Customer
Default Re: I dont believe it!!

Im sure we sent a version which had "we do not acknowledge any debt" then it went on to say and given we had not acknowleged any debt for over 6 yrs and this was confirmed by the information they gave basically or words to that effect.

Anyways either way they had no proof and no way of enforcing the debt. Id just CCA them 1st off. Im sure his ex had something to do with it, she did it with other things which I got slammed on her.
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Old 16th March 2008, 14:47   #15 (permalink)
pebs
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Default Re: I dont believe it!!

I have just wrote this letter myself, do you think this will do as 1st contact letter then maybe when they provide me with details I can send them the statute barred one?

Dear Sir/Madam,




I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY


After recently obtaining my online credit report from equifax I was concerned to see a search from your company. As I do not have any outstanding debts I rang your customer service department immediately to see why you have done this enquiry
.
I was told it was for a Shop Direct debt from many years ago, I do not recall ever having an account with Shop Direct. I also notice the search was done in the name of xxxxx, my maiden name is XXXXX, therefore spelt differently.


I do not know where you have obtained this information and would therefore be grateful for you to provide me with any details that you may have about me.


I would like you to provide me with the following:


1.The date the account was opened


2.The date the account was defaulted


3.The balance of the account


4.The address where the account was obtained.




Once I have this information I may be able to help you further but in the meantime I do not accept that this debt belongs to me.
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Old 16th March 2008, 23:05   #16 (permalink)
pebs
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Default Re: I dont believe it!!

Could someone comment on the above letter I drafted before I print it off to post in the morning.

Thanks!
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Old 17th March 2008, 00:13   #17 (permalink)
The GodMother
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Default Re: I dont believe it!!

it seems fine to me.

All though i would tread carefully.

My exs partner opened up an sdfs account in my name but got my names the wrong way round sdfs were not interested at alland tried to chase me for the debt. Funnily enought they have stopped now there is not CCA.
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Old 28th March 2008, 13:51   #18 (permalink)
pebs
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Default Re: I dont believe it!!

Just recieved my reply today from capqu