It's a good question. What I have in writing is what they say they did of course, not what they didn't do! They say: "Our application process has a number of security measures, such as requesting the applicant's previous address. Your address was used by the applicant as their previous address. This therefore created a link between your address and ". I love the way they divorce their actions, or inactions, from the result, by saying "This therefore created a link", rather than "we created a link". I'm not sure what other mistakes they might have made...

Well. It has been a long haul. Maybe it's over now. I want to update you all, mainly to say thanks for all the help I've received, but also to ask for one final piece of advice.... Eventually I found out the name of the original company with whom fraudulent accounts were opened. It took all this time. It was Littlewoods through a company is called "Shop Direct Finance Company". I had to get credit files, make complaints, provide them with proof of my address and get my bank to write to them to confirm how long I have lived here. Then finally they instructed the CRAs to remove the bad address links. I asked for £500 compensation for stress and time and costs. They actually sent me a cheque for £50. The cheque is from Littlewoods. Should I cash it? They said that 2 applications were made to them in Oct 2006. They say their security measures include asking for previous addresses. The fraudster gave my name and address of course, and that's how the bad links were created. They say "As the information given to us showed to be correct the accounts were opened in good faith". And "..as payments were not received...arrears letters were sent. Both accounts were eventually sold to Phoenix.." The they say "Unfortunately the company cannot be held legally liable for any loss that you have suffered unless it has been negligent, which it strongly denies". They say it's their final response and I can follow up with the Financial Ombudsman. I am left wondering...have they in fact been negligent? It feels like they have. If they had bothered to simply write to the person at the "previous address" provided by the fraudster, to check the details, then all the grief could so easily have been avoided. Why didn't they bother to make contact with the person at the "previous address" supplied by the person opening an account? Isn't failing to take that simple action negligence? Shall I cash the £50 cheque and put it behind me? Or should I pursue their negligence, and if so, with whom? Or both? thank you all! Dave

OK, another update. The OFT asked me for permission to "disclose details of my complaint" and to use the information I provided in the execution of their duties. I completed the form and happily gave them my permission. On the other front, of the 3 CRAs that I was advised to write to, only Callcredit responded, and they provided me with my credit file at no charge. It contained no incorrect data that I could see. I wonder why the other 2 CRAs (Equifax & Experian) did not respond. Aren't they obliged to respond to me? I wonder if I should push them further.

OK, well, I have now received the reply from the OFT, and it's very much like the one you reproduce above. I intend to reply, giving them consent to disclose my details in order for them to take action. Dave

OK, many thanks for that. In that case, are there further actions which I can pursue, or have I now done pretty much all I can? Dave

OK. I promised you all an update, so here it is. I wrote a polite letter to each of the 3 CRAs asking them to correct the specific error, and asking them to send me a copy of my file. I also wrote a letter to the OFT to initiate a formal complaint against capQuest. The content is based on your kind advice offered above. I'll reproduce the letter here in case anyone wants to suggest any modifications before I send it in couple of days. thank you all again, Dave ----------- Dear Sir or Madam, I wish to make a formal complaint against capQuest Debt Recovery for breaching a number of OFT guidelines during their attempt to pursue me for a non-existent debt. I enclose as evidence for your consideration the entirety of the correspondence between us. In particular I draw your attention to the following breaches: 1) OFT guideline 2.3 and 2.4a False representation of authority and/or legal position 2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position. 2.4 Examples of unfair practices are as follows: a. falsely implying or claiming authority, for example, claiming to work on instructions from the courts, claiming to be bailiffs or, in Scotland, sheriff officers or messenger-at-arms. Evidence: HL Legal letter dated 7th June. capQuest letter dated 24th June 2008. 2) OFT guidelines 2.7, 2.8a, 2.8b and 2.8j. 2.7 Dealings with debtors are not to be deceitful and/or unfair. 2.8 Examples of unfair practices are as follows: a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made. Evidence: All enclosed correspondence. b. disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address. Evidence: Disclosure of address in Telogram letter dated 29th May, and again in capQuest letter dated 8th July. Disclosure of debt details in capQuest letters dated 24th June and 2nd July. j. requiring an individual to supply information to prove they are not the debtor in question, for example, driving licences, passports, full name, date of birth, signatures. Evidence: Disclosure of debt details in capQuest letter dated 2nd July. The bullying tactics of capQuest and their associates have caused me and my family considerable stress and wasted a lot of my time. Although I may have the resources to deal with them appropriately, I am concerned that others will not, and would like to see these practices halted. Please let me know how you intend to handle my complaint and also how it progresses. Thank you very much, Yours sincerely, -------------------------

Hello again! I continue my report on the saga as follows... ...I am so grateful for your advice...which seems to have had an effect! I just received a letter from CapQuest which says that their investigation has uncovered a link between "your address and a previous address xyxxyz. This link was not created by CapQuest but is most probably due to incorrect data held by the credit reference agencies regarding your address". And by the way, in their letter the xyzxyz above is the full name and address of another person. They go on to say they have removed my details from their system, but suggest that I should request my "credit file" from the 3 main credit reference agencies (Equifax, Experian,Callcredit), in order to remove the incorrect link from their systems. Probably many people would just drop it now. But I am guessing that you will suggest that I continue with a formal complaint to trading standards and OFT. I also feel I owe it to everyone here and also to future victims. Is that correct? Do you recommend that I follow their advice and request my credit file from those 3 agencies? Finally, how deep does this nonsense go? Will it end with those 3 or will there be more? And most importantly, how can I find out who made the original error? Thanks to your help I now feel that the main worry has been lifted. Thank you! Dave

Thank you so much for you replies... Today I received 2 more letters from CapQuest. One saying that they are investigating my "complaint" which outlines their complaints procedure. The other is a request for the following information by July 11th which they say is required to "process my communication further": - proof of identity (driving licence, passport) - proof of residence on 23rd Oct 2006 Should I reply them with the information they want? On one hand I feel that replying might resolve the problem, but on the other hand I am wary that giving them information might embroil me further. I have never had any debt with their client or anyone else and I have lived at my current address for more than 10 years. I would appreciate your kind advice again... many thanks... Dave

Hello again....I am concerned that CapQuest really might send bailiffs to my house, as they threatened to in their letter. Apart from sending that "prove it" letter to CapQuest, is there anything else I can do right now? I also have a letter from H L Legal Solicitors. I am happy to be tenacious about this but I am ignorant about the correct process or what I can or should do next. Thank you so much. I will keep this forum posted. Dave

Michael, Thank you so much for your reply. I have taken your advice and used the letter you suggested. I wonder how it can be mistaken identity as I have a pretty unusual name. Thank you again for your help - it makes a big difference to know there are knowledgeable people out there who are willing to help! cheers.../Dave

I have a letter from CapQuest Debt Recovery thats says I owe their client Littlewoods Finance Company £631.83. I have never had any debt in my life and I have never dealt with any company called Littlewoods. They are threatening legal action tomorrow. Please can someone advise me what to do? I have read elsewhere in this forum that one should not respond to such ketters. But on the other hand this could be an identity fraud issue. Please can someone who knows about such things advise me? I would appreciate it very much. Thank you. Dave

I received a similar letter. I Googled the phone number and found your post. I joined the forum so I could reply to thank you. I had no idea. And I would have phoned them too. But thanking you here is not enough - what can we do about these people to ensure no one else's life is made miserable? regards, Dave