Sorry the DCA is Control Account plc trying to edit orginal post thanks

Hi All, Had this issue recently that is mind blowing for incompetance , just need to know and make sure in the right hopefully it can help others who have this done to them. Brief(ish) question/overview : No notifications of tax owed then sudden escalation DCA and accounts setup without any email or letters/agreement If DHL do not tell you any import tax is owed, can they escalate and send CapQuest DCA letter threataning court action out of the blue ? - without any notice before this of anyting owed. They used to request tax payment every shipment for years and if we did not pay they would not delvier so we would get up early 6am and pay it so it went out same day. Again without even telling us anything was owed and having told us on the phone nothing was owed back in Feb as we wanted to check as noticved unkown change as they were not requesting payment for parcels all of sudden? After many emails and time spent chasing/requesting and answer found out they essentially cereated a online payment account without telling us - it did not even have proper login email etc simply done themselves in background . We recieved 2 letters (askign for tax we never knew about for £30 approx) that came with the Cap Quest DCA letter (approx £600 demand) same week - way later than they should have told us with no notice at all. This is AFTER we called in FEb to make sure nothing was owed. They never asked for payment before delivery released like they had done for over 7 years in past . We paid the original approx £600 then as we asked them to double check everything , they then now find that they had setup 3 accounts and one owes £1000 but never received letters. About week after whilst i again pushed for answers to why this happened with no reply , now again out of blue Cap Quest DCA letter Now DHL saying they will not allow us to pay them directly over a month or 2 and instead we have to deal with DCA who have added extra fees etc. (we never spooke to DCA as we know not to deal with these people). Thier team seem agressive at backend and have taken over 2-3 weeks to reply , some do not even reply at all even after multiple emails trying to resovle this and find out what has happened - not like we have not tried to find out thier mistakes. Any help appreicated or at least that we are covered as they already admit some mistakes, Have SAR them already couple weeks back when the 2nd letter out of blue camse through and after havign no response from the person who told us about this. Full breakdown: - For over 6 years always paid import tax then DHL deliver - In Feb 2019 a few shipments arrrived with no request for importa tax (normally if you dont pay if owed they will not dleiver) - To make sure phoned DHL after a few delvieries to make sure nothing was owed and told on phone after lady checked that indeed nothing was owed (there are notes there about this call and on phone bill) - DHL confirm on phoine nothing is owed (around 5-6 shipments has arrived previous to this so making sure) - Suddenly Cap Quest Court threat letter for approx £600 arrives - there had been NO emails or letters before this - Lots of calling multiple times by me and eventually find out they creatred a online business type account without our knowledge and there weas not even a proper login setup for it ! So told them this shjould not habve happened , evnetually internal guy agrees that we can pay them directly however it has to stay a the DSCA for now but they will not charge feed Pay it and htne I ask to make sure that he send me reicept via emails and just checks as I know sometimes DHL assign multiple account numbers Get email and find out they setup 3 accounts with slight variation of name ! One of them owed £1000 approx coering aperiod of 2-3 months all whilst the initial query was being investiagted (not that they did much noone seemed interested ins orting anything out) No letter in between and first leter received was CapQuest striaght after we made them serach andx they found the otehr accounts Have SAR them and tried to get around 3-4 people to sort trhis out but get no replies apart from today where they say they will not give time fo this one and we can arrange with DCA payment plan Surely this all can not be our fault ? Are we doing the right thing and are we correct they need to tell us ther are actual charge or tell us theey are late even once before they can escalte to DCA? Appreaite any support

Thanks foor the advice DX - that sounds decent at least it shows me giving them one last chance, im sure thier complaints final letter that stated they had made a mistake with fake payments said the account is refered back to original lender and they will close but ill give them another chance. If they then carry on im sure I can show to the authorites where they have broken the rules. Can you kindly confirm is the CONC letter this one with the Blue writing about door visit included?: Follow up Letter where Statute Barred Debt is still being pursued I will also include a copy of the complaint letter - this has got to be getting on dodgy ground for them now so one last chance then I think move onto more serious action Thanks for all the assistance so far

Thanks for your input dpick , I will send the letter above and highlight that their own complaints procedure has already stated it is SB and I will reiterate that my next course of action will be to report to authorities The thing is they have ALREADY admitted its SB and I have already told them about payments etc from the fake payments fiasco that started this thread

Thanks Dx just to confirm is it this letter with the Blue part added : http://www.consumeractiongroup.co.uk/forum/showthread.php?387434-Follow-up-Letter-where-Statute-Barred-Debt-is-still-being-pursued.-(update-21.04.2014) Also I do not understand something, this part of the letter : I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules: "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8 If I have already been through complaints procedure and they have agreed the debt is SB - are they not breaking the law now ? How are they allowed to "chase" a debt they have already agreed is SB? Really appreciate any help , still cant believe a firm can make up payments, have to admit mistake and SB, then still do this.

Thanks for the reply dx much appreiacted Just do not like the idea of them trying to get me to call in to cancel a home visit that they setup randomly, so is there a standard "get lost" letter for door visits? - to make them aware I will not entertain it and the debt is SB as already agreed by them in complaint previously Also since they have already been caught out making up fake payments does the fact i have to potentially complain again make any difference or is this a separate matter in the eyes of the debt collection regulators?

Hi All Just when I thought a OFFICIAL complaint where they admit it SB closes the matter I am very annoyed just got a letter from Rob Way again this time with tittle "Proposed Reconnection Visit" where a "Field Manager" can help me reconnect with them. Talks about meeting on a set date to discuss repayment and also that i can call them if i do not want the meeting etc Can they still do this even after they admitted through complaints procedure that its SB? Any help appreciated this after they faked payments and had to apologise for it , this cant be legal now surely? Thanks for any advice thought these scumbags were dealt with last time

For me I think it was also for them to be able to say - "you made payments last year" if I had not noticed I hope this helps others who get these bogus letters and realized until you officially complain it will never get sorted.

Just a update on this as been away recently - received a letter from them for outcome to my complaint saying they had made a mistake and consider the matter closed and as the debt is statute barred they say they have referred it back to the original client Thank you all for your help with this , these companies need to learn that if they make up information like this people will fight back. I dont know if there is something I can do to make sure they dont do it to others but for now thanks to everyone that helped me win !

thanks Conniff however I like to think of it as proof of no-proof

Ok update : received a standard complaints procedure letter through the post so will have to wait to see what they say about this debacle will update when I hear more thanks

Thanks for your messages Understand what you mean citizenB however when they have twice said payments were made and when asked to prove it they say "cash paid to us" i think its obvious whats happening and not speculation. Would only be speculation if i had paid anything or authrorised someone - however I see what you mean until they actually say or show a document that is false its not solid yet. Anyways i will of course wait till i hear from them, either apologising or getting themselves into more trouble as i know it is a complete fabrication. Also of course they have to tell me who paid and provide proof as you all taught me it is their responsibility to prove non sb status

Thank you all again will update as soon as i hear anything thanks

Ok its all good the letter re-states its SB and no payment will be made Past this letter if they product documents then I can follow it up if not if they hassle I can report them as it is SB. Thanks and I dont want anyone to get into trouble on here you are all very helpful Brigadier - i agree this is all about tonality. This letter as it is after the SB letter and prove payment letter has to be a higher notch up on tone so totally agree Either way I never beat around the bush so it was never going to be a nice letter especially after the "incorrect" information they keep sending me. Will update when/if I hear back form them

you are correct, im a bit lost on the proof bit : I never made any payments , have checked bank accounts even though I know i never have. Also there are no suspicions they have provided a statement saying a authrosied rep has made payments on my behalf and the debt is not statute barred. Which is of course false , i do not need to prove they are actually stating this has happened. Again lets wait for their reply and see if they dig a bigger hole than the one they are in.

Thanks caro can see what you mean but is that not really like a scenario where someone punches you in the face and says you authorised it - then you later send them a letter ask them nicely to prove you authorised it ?! even though its obvious you would not . To be honest I would leave it but what if they say - we sent him a letter saying a authorised representative made payments and he did not reply? - make it then look like I did make payments so want to cover myself. thanks for the advice though may adjust letter if needed once I type it up either way no bad blood just opinion in a free society is invaluable

Thanks for reply caro, I had a big response as to be honest point 5 and 6 on letter are questions but realised : a) I do not want to be banned by you b) I don't need to argue with you or any other helpful member - i will take all adivce on board and send what I need to them c) I will be direct with them as even if this does go further as they say , their legs they need to stand on are missing. d) PMs have been whats on the thread which I don't think is a problem, just asked brigadier to look at thread and he posted on thread Appreciate all the help form other that have posted

Thank you brigadier and caro I have edited thread removing mention of the "f***d" word just incase Basically they sent a statement with fake payments saying I paid it , then when I SB lettered them with a full request of when ,where etc the payment was made they said my "authorised person" paid it and then said "Therefore the debt is not statute barred , we trust this answers your query" Its not about random payments of debt - its about joe bloggs saying you gave them permission to pay it.

Just a quick update - apologise I could not edit my post quicker just rushed home the reception is terrible where i was trying to do it on my phone ! I tottaly agree that CAG should not get into trouble and that all information is advice only and m y responsibility - i would never want the forum in troouble They have twice produced a statement saying I authorised a person to make payment with 1 being after the day after they received my letter . All in cash. Its obvious what this is and again now you have warned me with potential ban I cant say certain words incase I get banned. I will await their reply and update with what they say regarding who made payment and what document they produce - I was simply saying that I know I have NEVER agreed to anyone being authorised so if there is a document I would be very concerned about my personal situation. Again apologies but its really hard not to call a spade a spade especially when the proof they produce on my SB request is a statement with "Cash paid to us" on it. Thank you all for your advice regarding this so far and apologise again if I broke any rules

Thanks for replies and appreciate you your advice caro Caro : i was saying if they send a letter with someones name and a fake signature (as i have never ever signed or authroised anyone) if they are saying authorised person and then provide a document showing my signature then there would ore steps Its OK someone randomly paying your bill but what if they did it whilst saying you authorised them to do it legally? I am not scared of the DCA and will stand upfor my rights why should anyone be made to tread on egg shells if others decide to "create" statements etc e.g Payment showing the day after they received my SB letter . Tottaly agree of course cag forum and advice on here is my own domain and agree that cag forums are not responsible for the matter. Thanks

Thanks for replies I live around 90 miles away from their Manchester address and have no idea if they have a counter to pay in but would be really surprised if they did In fact I never knew they were based in Manchester until I started this thread so absolutely no chance of me paying them ever. Thinking about putting the fact that I have never authorised anyone so I need the details of this phantom person in order to follow this up with "insert organisation" . Which of course I will do so they understand they cant just make up potentially "insert word" information (p.s. just as a note brigadier my "insert messaging system" was full and now yours is , please resend "insert messaging system" when you can)

Thank you so much for your help renegade imp and of course brigadier - really really appreciated Amazing advice and I hope anyone else that gets anything like me will be helped by my experiences too Will get this sent off and update here if/when I hear back

Thanks Stigman, There was no representative and why would anyone pay cash? - so basically I just write back telling them to show further proof of payments and who the representative is, where paid in and copies of slips etc ?? Or is it best to tell them to go away with a letter stating that I have no representatives and noone is/has ever been authorized to act on my behalf relating to any financial issues ever - also I can highlight the debt is statute barred still (as Conniff mentioned still SB can not be un-statute barred after 6 years) and they should cease activity on it etc Want to make sure I am not saying wrong things as they are very dodgy , still can not believe the cheek - even adding another payment the day AFTER my SB/prove payments letter arrived with them !

UPDATE : 28th July Well I have had a response and I am gobsmacked! They say that an "authorized representative" for me made payment to them and therefore the debt is not statue barred ! They then say they have attached a statement that shows payments totaling approx £100 and all the lines on the statement say they are "Cash Paid To Us" , all payments are this year and the real obvious lie is that they claim the last payment made was on the 22nd July 2014 - this is the day AFTER they received my Letter I am totally amazed they are trying to say its not statue barred and now lieing totally about payments , no reference numbers nothing just "Cash Paid to US" Any help is appreciated how do I make sure they stop this fraudulent claims ? What letter/action should I take next ? Thanks for any help in advance

Hi there Yes absolutely statue barred as default dropped off credit file around 1-2 years ago making them at least 7-8 year old Thanks