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I am a new member on the site and despite looking at the many many posts regarding Capquest I am still confused about what I need to do next.
My situation is as follows:
I have recieved several threatening letters from Capquest over the last few months. They are claiming that I owe Egg over £2400 for a credit card. (i have not had any dealings with Egg, never had a product from them in any shape or form.)
Threatening letter arrives from them claiming that the next step will be a Statutory Demand, served personally by a representive if i do not make an offer of repayment.
I sent a letter using the following template to them:
[FONT='Verdana','sans-serif'] "
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we 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/we 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I/we look forward to your reply.
Yours faithfully"
Capquest have replied (some three weeks later) enclosing various statements going back to Oct 2002 from Egg. They have not addressed the issue that i have NOTHING to pay Egg as I have never had any dealings with them, so cannot possibly have a debt! The statements are in a name like mine but at an address I have nothing to do with. (I have also checked my credit files and there is nothing on there to do with Egg or this alleged address!)
What do I need to do now? I really want to send a blunt, forceful letter which will resolve this matter once and for all.
You need to send a 'prove it' letter to crapquest:
Dear Sir/Madam
Account no:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we 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/we 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I/we look forward to your reply.
Yours faithfully
(Your Name) Print do not sign, print your name, send recoded and keep copies of everything.
Sounds like a phishing trip, someone with a similar name etc...
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
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Re: Please help.... (yes you guessed it CAPQUEST!)
Hi Babybear,
Thanks for the welcome
I have already sent that letter to them (i pasted the template I used on my 1st post above in blue italic text), which they then replied to by sending me all the statements for some reason! They do not appear to comprehend that i do not , and have never had, any dealings with Egg!
The statements do have a name like mine, but at an address I have NOTHING to do with and no knowledge of, very wierd really!
Basically the debt is not mine and I need to get them to understand that!
Re: Please help.... (yes you guessed it CAPQUEST!)
Oops sorry...Text was a little small :o
Send it again heading with I DO NOT ACKNOWLDGE ANY DEBT TO YOUR COMPANY OR ANY OTHER COMPANY WITH REGARD TO THIS ACCOUNT.
Also add a line about the letter being a formal complaint, you are not the peron they are looking for and have NO connection with them and at the bottom add another line saying if they do not understand anything contained herin, consult someone who does or a legal professional.
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Re: Please help.... (yes you guessed it CAPQUEST!)
Thanks Babybear,
I will send this recorded delivery tomorow. If they are sharing other peoples details (ie the address and personal account info of soemone else on the statements they sent) I would presume this is also a clear breach of the Data Protection Act??
From your experience do you think this will shut them up? I see a common theme with crapquest and their disregard for the law of the land and the misery they must cause people!