Capquest Unsure how to respond - they have the wrong person!!

[Gonnagetem]

I have received a letter from Capquest in which they have my first name correct but the surname is my ex partners, we seperated 6 years ago, they have also addressed it as Mrs. We were never married. It is for a debt they say is owed to Littlewoods Finance Company and is certainly not mine. I would like advise on how to respond I was just going to fire off teh standard CCA letter then thought I had better check wth you guys as this really isn't my debt. Also is this not now time barred??

[Curlyben]

Nice and easy really.

NEVER talk to them on the phone and send them this:

 

Dear Sir/Madam

 

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

 

They MUST prove that the debt is legit and belonging to you.

[Gonnagetem]

Fantastic Curly thanks very muchx

[Gonnagetem]

Ok guys, I sent the CCA off to Capquest they will have received it on Wednesday, now today I have received a letter from HL legal on behalf of Capquest, I have re-typed the letter below omittng all personal details:

 

Capquest Debt Recovery Limited has appointed this firm to act in the above matter, following your failure to respond to their letter of XXXXXX.

 

Contact must be made to Capquest Debt Recovery on telephone number XXXXXXXXX with a satisfactory payment arrangement to clear this accoount no later than 10 Dec 07.

 

Alternatively, a ne off payment of XXXX can be made to clear your account as full and final settlement. This payment must be received by 10 Dec 07 or the offer of settlement will be withdrawn and the full balance will become due.

 

It then goes on to say what costs etc they will add

 

I assume that this is in response to my CCA letter, what do I do send a copy to HL Legal??? Help please.

[spamheed]

You don't need to do anything other than eventually complain about their illegal approaches for a statute barred debt

 

You have asked them to provide you with proof of their ownership of the debt and of the legality of their pursuance. You are legally entitled to ask for this. Of course, until they know you are aware of your rights, they will try it on.

 

That's what this letter is, its a try-on, they will tell you have xx days until we take you to court, your toilet explodes and civilisation as you know it comes to an end

 

it's all twaddle, just sit back and wait until they prove the debt is valid and they are legally entitled to collect.

 

WHEN they can't, simply contact trading standards, tell them the gist of your story and retain all letters (yours and theirs) as proof of their breaches

 

Under no circumstances speak to these people on the phone at all, other than to tell them you wont speak on the phone. demand that they make all communications in writing. Don't answer any security questions at all.

 

In the meantime, don't panic, and post when you hear anything further

[Curlyben]

The letter from HL is meaningless.

Capquest buy template "solicitor" threat-O-Grams in bulk form these people.

 

Now until CapQuest comply with your CCA you have nothing to say to them.

[Gonnagetem]

Thanks Guys will just sit and wait and ignore their letters!!!

[Gonnagetem]

Hi Guys have now received a letter from Scot Call on behalf of Capquest stating that they are now dealing with the debt and are sending a debt collector, this is the day after I received a letter from Capquest stating that the debt is on hold for 28 days whilst they deal with my prove it request. I know that they can't do anything is this another of their templates they buy or amm I going to get a debt collector turn up??

[spamheed]

I think this calls for a CB special

[Curlyben]

Send this to Snotcall:

 

Account In Dispute

 

 

Re. Account no. xx

 

Thank you for your letter of xx/xx/xx advising me of a doorstep call. However, I write to advise you that under OFT rules, you can only visit me if you make an appointment and it is not my wish to make an appointment with you, or any of your representatives.

 

There is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, please take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do, then you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.

 

I would also like to inform you that the validity of this account is in dispute with CapQuest, Therefore I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidline Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

As this

 

Yours faithfully,

[ThisVeryMoment]

"eventually complain about their illegal approaches for a statute barred debt"

 

What is illegal about requesting a statute barred debt is paid? Perfectly legal to do this.