Problems with Capquest!!

[quinny82]

About a year ago i received a letter from a debt collectors agency saying that thay had been instructed by Littlewoods to collect a debt i had of £172. This came a a complete shock to me as i have never had a Littlewoods account, i called them up and explained this to them and was told that someone using my name and date of birth had created an account and had goods post to them which were never paid for. I explained that i had never heard of the address where the goods were sent and was told if i faxed proof that i lived elsewhere during the time the account was set up and goods delivered they would take me off there system. I did this and also contacted the police who told me that the crime was against Littlewoods and not myself and that they would need to contact them? I called Littlewoods and had confirmation that they had received and accepted my documents. About 3 months ago i received a letter from Moorcroft debt collectors telling me that they were instructed by Littlewoods to recover the debt!!! I imediately called Littlewoods and was told that they had never received these documents! This time I posted the documents via special delivery and also to the debt collectors as they had started to harass me about it. I called up Littlewoods again and was told that they had received my documents and acepted them and they because they had sold the account on they would need to buy it back which could take upto 3 weeks. I contacted Littlewoods again and was told that they had successfully brought the account back and were clearing it from my name. However i then received a letter from Capquest saying that they had been sold the account and that if i didn't pay the debt in 7 days that would be taking legal action. I callled Littlewoods who told me this this couldn't be the case as they now owned the account and that they would write to Capquest. Now again i jhave received a letter from Capquest saying they are getting a court order to get baillifs on to me!! I called them up and they are staying that they still own the account and that Littlewoods haven't been in contact with them!

 

I really don't know what to do as it feels like i am going in circles! As everytime i contact Littlewoods they tell me they own the account not Capquest and that they have indeed contacted them and when i call Capquest they deny this! I have received a letter from Littlewoods saying that they now own the account and that i was not responsible for it and having document my calls to them and who i spoke to. What should i do as this is really stressing me out!

[Curlyben]

Welcome to the CapQuest club.

Now don't worry about their nastygrams as they are designed to scare.

I received the same court and bailiff letter myself this morning.

 

Now time for action:

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[quinny82]

Thanks for your help! Will get onto this right away!

 

It helps to know that i'm not alone.

 

My only question is where did they get my details from? As it was always Moorcroft who I previously dealt, then all of a sudden Capquest get involved!

 

I appreciate your advice, hopefully i'll get some answers soon.

[Curlyben]

Bear in mind that the DCA's pass accounts around each other like they are candy.

they openly share our personal information, breaching DPA in the process, allegedly

[Conniff]

Welcome to the CapQuest club.

Now don't worry about their nastygrams as they are designed to scare.

I received the same court and bailiff letter myself this morning.

 

Now time for action:

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

 

I know that this is your standard reply curly, but it is irrellevant in this case. Why should she be asking for anything and paying good money when she has all the paperwork she needs already from Littlewoods.

 

All this will cost now is a stamp telling Capquest to put it where the sun don't shine and to take her to court if they so wished, and that no further correspondence will be entered into.