Capquest letter

[mandf]

My daughter received LETTER BEFORE ACTION letter from Capquest at the beginning of December saying they have been instructed to take whatever appropriate action necessary to recover an outstanding debit of £110.62. She hadn't a clue what the debit was about so contacted the telephone number on the letter who imformed her it was from JD Williams trading as Simplybe and was for outstanding payment of slippers she ordered in March 2008. She tried talking to the guy on the other end of the phone to inform them that the only dealings she had had with Simplybe were over the internet and anything ordered was paid for on line with her debit card. On a lighter note who would pay £110 for slippers anyway!! He wasn't having any of it and said she would need to provide proof of payment to their legal department and quoted the address.

 

Up to this point we didn't think nothing of it as she had bank statements clearly showing payments for goods ordered. So without further thinking I drafted a letter for her to send to Capquest along with photocopies of her bank statement (thinking back and looking on the net this probably was not a good course of action but I can't turn the clock back :-|). My daughter received a letter back saying the account was on hold until 24th December whilst they investigated. Then lo and behold she received a letter yesterday (30th December) saying the response from their client was 'account dispute declined' by which point my daughter was clearly upset and bewildered. Her Dad (rushing to the rescue like a knight on a white horse as Dad's do) decided we should just pay the debt and be done with it so that is what we have done.

 

Now, (hindsight is a wonderful thing) I decided to google Capquest and lo and behold what turns up but that these are a bunch of low down bully boys with no legal rights to demand payment for these alleged debts. My daughter is adamant she doesn't owe this money and she has never received any correspondance from Simplybe to say she owes money and she has never set up a credit acount with them she has only ever paid for goods over the internet before receiving them so how can she owe money. She changed address in April and again in September this year but Capquest found her at our address (which I believe could be down to a unique surname so chances were she would get their letter using my address). Will I have to put this down to a bad experience and say goodbye to this money or can I carry on investigating (I have emailed Simplybe asking for a detailed breakdown of her purchases and payments) and somehow reclaim my money if I find this debt does not exist? if so who can I make the claim against - Simplybe for alleging the debt in the first place or Capquest for taking my money. As my husband has paid the debt is that tantemount to acknowledging it or could it be construed as he didn't enjoy seeing his daughter in such as state and did the only thing he thought he could do to alleviate her distress?

 

Due to the holiday period our local CAB office is not open until Monday 5th Jan. I have advised my daughter to go and speak to them as soon as possible.

 

I apologise for this long post and I hope I have provided enough information for anyone to advise me where to go from here.

[mr.ton]

I would demand a refund asap & if they refuse, take them to a county court.

Once they see you are serious, theyll soon pay up.

[hillards]

You've found out just what bullying tactics these companies will resort to.

 

It is not for the alleged debtor to prove anything, it is for the company demanding payment to show that they have the legal right to do so. Far too many people, and I AM looking at your husband, just pay up to get rid of them. Spending a bit of time on here and reading about the antics of JD Williams alone will turn up some interesting reading.

 

Quite simply, send them a letter to request proof of the debt. Despite the fact that payment has been made, they have to respond to this. If you want to make totally sure you get ALL the facts, do a Subject Access Request on JD Williams AKA Simply Be. It will cost £10 plus postage etc. but may turn up some vital evidence that shows they did not have a leg to stand on.

 

At which point you request repayment of the money in full, a refund of your costs, inclusive of the Subject Access Request, and compensation. If you have to take them to court they will be liable for your costs and court fees of course.

 

If you need help with any of this, just ask and a bunch of CAGgers will be only too pleased to provide links to the letter templates and their own stories of dealing with these muppets.

[mandf]

Thanks to both of you for your response. It is nice to know there are genuine people out there willing to help when you are not too sure what course of action to take.

 

To mr ton - We live in Scotland - is this the same course of action we would take - threaten county court or is that an English way? What I mean by this are the various variations between English & Scottish Laws.

 

to hillards - do I request the proof of debt to Capquest or Simplybe? Also can anyone do a subject access request and how do I go about it? Searched this site and found a template...should have done that first before asking - excuse my ignorance.

 

Thanks people for your help so far.

Edited January 2, 2009 by mandf

[hillards]

The 'prove it' letter goes to the company making the demand for payment, in this case Capquest. A suitable letter is http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/174962-intro-much-appreciated-help.html#post1888908

 

Send it by recorded delivery, so you have proof that they received it.

 

The SAR can only go to the original creditor, so Simply Be aka JD Williams should receive that from you. I saw your edit and know you've found the template for this.

 

Bear in mind that you should also be looking at any additional charges made on the account, where they have added costs for sending a letter or a penalty for late payment - you can claim those back!

 

Have fun...

[mandf]

I have drafted the following letter for my daughter - is this good enough? Do I make reference to having paid this debt and therefore looking to ultimately claim this back (I paid it to Capquest .... can I make the reclaim to JD Williams?)

 

Thanks for your help you have made me feel a lot more confident in persuing this.

SAR Letter.doc

[mandf]

I have sent a 'proof it' letter to Capquest and an Subject Access Request to Jd Williams. Just a case of waiting to see what happens.

 

I can't help going over and over this in my mind and none of it makes sense. When I read other posts on this forum they seem to be about debts people have but don't/won't pay. My daughter has never bought anything from Simplybe on credit only online and paid for at the time of ordering so I find this so hard to understand. I have so many questions unanswered which I hope the Subject Access Request will provide. She did have a problem with one of her orders when they sent out an item she had not ordered (for which they took payment) but after a phone call everything was sorted and she returned the items (Simplybe refunded her money to her bank account).

[mandf]

I have just received a letter from Capquest in response to the 'prove it' letter I sent. All I got back from them was:

"we can confirm that your final payment of £110.62, paid on 31/12/08, has been applied to the above account. This account has been closed. Any further queries regarding this account need to be sent to our client."

 

I am still waiting on a response from JD Williams in regard to a Subject Access Request I sent on 3rd Jan.

[mandf]

I know JD Williams still have a few days to send me the SAR I requested but what happens if they don't send anything?

[hillards]

I know JD Williams still have a few days to send me the Subject Access Request I requested but what happens if they don't send anything?

They play the same silly game as everyone else by making people wait until the last possible moment of the timescale given. Some perverse pleasure that they get from thinking someone is sweating...

 

The format is the same as issue of a SAR request for reclaiming bank charges, see http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html - point (1) has the links you may need (cannot quote as they are part of the template library)

 

There's more info at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

They usually do comply, by sending a load of copy or reprinted statements, and suggest that's all you are entitled to. I ususlly suggest that people amend the standard request to ask for transcripts of telephone calls, computer records and ALL data held against the subject. That can turn up some unexpected ammo if someone at their end has made nasty comments about you on their screens...

[mandf]

Thanks for your response hillards. You have been more than helpful.

 

I have just accessed my daughter's account on line using her account number (she must have registered when she bought from simplybe) and I can see all sorts of charges on there but the info doesn't go back far enough to answer any of our questions so far. I have noticed on 7.1.09 they credited this so called debt with my £10 cheque I enclosed with the SAR letter (even though we had already paid the debt to capquest - this doesn't show on the statement). ...can they do this?

[hillards]

Thanks for your response hillards. You have been more than helpful.

Not a problem

they credited this so called debt with my £10 cheque I enclosed with the Subject Access Request letter (even though we had already paid the debt to capquest - this doesn't show on the statement). ...can they do this?

Sadly, yes - unless you wrote on the back of the PO/cheque that it was only to be used for the purpose it was sent, or stated this in the letter, they often try to muddle matters by making a credit to try and show that 'a payment' was made if there is a dispute on the account.

 

Of course, it's already been paid off in full, and passed to a DCA, so they should NOT be processing the account further.

 

See what comes back within the 40 day limit... Lots of people will still be here in a few days time. I have this thread subscribed for responses, so will know if any more is added.

 

Once you get the complete list and see what charges have been applied tou will be able to reclaim these AND the £10 SAR fee !

[mandf]

Once again thank you Hillards.

 

The 40 days are up on 12th Feb. I will wait to see what happens (if anything)!

[mandf]

Thank you for your recent email.

 

......On checking records I can confirm that you ordered goods to the value

of £86.30, you made payment to the value of £10.00 and returns to the

value of £7.20....

The above quote was from an email reply I received from Simplybe (Out of curiousity I emailed them a question after logging into my daughter's account on Simplybe's website. I use the word account loosely as she has never bought anything on credit with these people). I am now really, really interested to see what will be on her Statement Access Request details. Above they quoted £86, £7 returned goods, to me that leaves goods to the value of approx £79. They then say £10 payment (which was my cheque for the SAR letter!!) and nothing else.Nothing about her payment through her debit card for which we have bank statements to proof it or payment to Capquest that my husband made (foolishly, I know hillards!). That means in total she has paid in the region of £200 for £79 worth of goods...something fishy here....

 

 

 

[hillards]

Hmmmm - money paid to a debt collector may not show on the original account, it all depends on if the account was sold to crapquest, or if they were acting 'on behalf of' JD Williams group.

 

But, the debt collectors are still pushing for it, yet they are the ones who were paid - something not right.

 

Regardless, see what comes back in the SAR. There can be no hassle for payment or even contact with the DCA until, the original creditor complies with the SAR.

 

Sounds like this could be fun...

[cerberusalert]

You do realise that the J D Williams group encompasses numerous guises? Has your daughter had any accounts with any of the catalogues shown in the following link? MyCatalogues.com: J.D. Williams & Co. Ltd Catalogues

[hillards]

You do realise that the J D Williams group encompasses numerous guises? Has your daughter had any accounts with any of the catalogues shown in the following link? MyCatalogues.com: J.D. Williams & Co. Ltd Catalogues

1st post said this was Simply Be, daughter had ordered and paid online, not on a credit account...

[mandf]

My daughter has never had a credit account with any catalogues. Anything she has bought she has only ever paid for with cash (debit card for example) which is why this has come as such a shock to us. We had been racking our brains to work out what has happened until we came upon this site. Now my eyes have been opened! In my ignorance I didn't realise anything about the debt collection industry and their means of causing such pain and anguish to so many people. You live and learn...

[mandf]

I have not received anything from JD Williams in regard to my subject access request. What would be my next move?

[mandf]

This morning (14th Feb) my daughter received the following letter from Wescot:

 

I refer to your recent correspondance.

 

Your comments concerning the above matter are noted, however, due to the age of the account it has probably been archived. Consequently, we are unable to locate it without either the Wescot reference number or the original client reference number. In any event, we do not have an obligation to hold information for 6 years.

 

The information held by Wescot on an account is very limited and includes your name and address, the balance of your account and brief notes of any correspondance which has been sent or received since the account has been registered with us If you still require this information you will need to complete the enclosed Subject Access Request Form and provide the Wescot reference number or the original client reference number as stated above. Under the Data Protection Act 1998 (DPA), the data user (Wescot) is permitted to charge the data subject (you) a fee of £10.00 for the information, may I advise you that you stated you enclosed a fee of £10.00 within your letter, however, unfortunately, we have not received this. Also underthe DPA, Wescot has a responsibility to take steps to ensure that the data is only disclosed to those with a right to see it. Therefore, we must request appropriate proof of identity from you and details given on the enclosed form. However, I would appreciate it if you could let me know why you require this information as we may be able to assist you without a Subject Access Request.

 

If you still wish to see a copy of the information we hold, please complete the enclosed form and return it to us, together with your proof of identity and cheque/postal order for 10.00. I enclose a prepaid envelope for your convenience. In acordance with the DPA, a response will be provided within 40 days of receipt.

 

Yours sincerely

Aimie Broderick

Process and Compliance Co-ordinator

 

I am sooooooooo confused now. Firstly, having looked round the site it seems WEscot are a debt collection agency? This all came about from a letter received from Capquest!!!! My daughter has never had anything from Wescot. I sent the SAR to Simplybe along with a £10.00 cheque which I have proof they have banked (and paid against my daughter's alleged debt even though we paid it off completely through Capquest).

 

What do I do now......totally confused.

 

Forgot to add that the tranactions she had with Simplybe were in March 2008...not exactly that long ago

[cerberusalert]

Your daughter is legally entitled to request the SAR and certainly does not need to explain her reasons to the likes of Wescot.

 

Write back to Wescot that they are legally obligated to supply the information requested, they have cashed your cheque sent in payment and that you require they fulfill their legal obligations within the prescribed time limit of 40 days otherwise you will be making a complaint to the Information Commissioner.

[mandf]

I do not understand why Wescot have replied to my S.A.R. as it was Simplybe (JD Williams) that I wrote to and it is Simplybe who have cashed the cheque against the alleged debt (even though this alleged debt has been paid in full to Capquest). Do I still reply to Wescot?

[mandf]

My thoughts are as follows but I would like someone to check I am thinking along the correct lines......

 

I sent a S.A.R. to JD Williams aka Simplybe. In reply I received a letter from Wescot (who are Wescot in relation to JD Williams - Capquest are the ones who wrote the letter before action letter to my daughter and were then paid in full) referring to the letter sent to JD Williams and asking for their own (Wescot headed paper) subject access request form to be filled in and returned with proof of identity and a further payment of £10 as they had not received the initial payment. Okay this is where I am not too sure....

 

I have requested nothing from Wescot therefore I do not need to fill in any request form or send any money to them...this would just bring a third party into this already muddled mess. JD Williams have failed to supply the information I have request (and I have proof that they have cashed the £10 cheque) therefore I could send them a letter to this affect and tell them they have 7 (or 14?) days to comply before I report them to the ICO. Would this be correct?

 

I am so intrigued to find out where this alleged debt arose from which I can only see by them sending the information requested through my SAR letter.

 

I hope this makes sense. If not please point out the error of my ways (and thoughts...complete novice at this )!!!

[hillards]

First - J D Williams are in default of your SAR and you should take them up on this point. You requested it from them, they have cashed the cheque sent in payment for that request. A complaint to the Information Commissioners office is in order for their failure to comply - I've had to do that to this shower in the past! A very strongly worded letter to tell them you will take legal action against them for failing to comply with simply OFT guidelines - as in, they should not be processing the matter if it was passed to an external DCA, and worse still, it's been passed to two DCA's!

 

Wescot can go stuff themselves as you have no dealings with them. I would seriously consider demanding repayment of the money paid to Capquest too.

 

Wescot are trying it on - for a start, they've only just got involved. They ARE required to keep records of accounts they've dealt with, which could easily go back at least 6 years - and they should know that.

 

You always SAR the original creditor and CCA or send a prove it letter to the company chasing payment. If I were in that sort of mood I would ask Wescot what they are doing dealing with this case as it is 1) in dispute with the original creditor and 2) has already been dealt with by another DCA.

 

The problem is, once a DCA thinks they have an endless source of easy cash, from people who will just pay up without question, they'll tell all their pals so they can have a go too...

[mandf]

Once bitten twice shy....I may have made a mistake in paying the first time but I certainly won't pay again.

 

I will try getting our money back from Capquest but I think I will probably be hitting my head against a brick wall with that. I will happily tell Wescot to foxtrot oscar. But I really need a reply to my SAR to have something concrete to argue with. I know my daughter does not have this debt or ever owed money to JD Williams but I am sure my word would not be enough in a court of law!! My daughter has been through the mill getting the third degree from her mum & dad trying to find out what has happened. I am pretty sure this alleged debt has come about from the return of a pair of clogs that she never ordered...have they charged her return postage but even that doesn't explain why she never received any correspondance from simplybe to say she hadn't paid return postage. Also no monthly statements and no notice of assignment which I am assuming they should have sent her. I would like to add IF the return of the clogs caused this debt then I will be taking JD Williams to the cleaners as 1. she didn't ordered the clogs (although they took payment through her debit card) 2. when she rang and asked what to do with the unordered goods she was told to return them through the post office and charge the return postage to them. This is why I am desperate to see what information they have in regard to the SAR. I haven't had the time to sort proper letters out but I will this weekend and get them sent off recorded delivery. I am in no rush and if this takes months to resolve then so be it. Using delaying tactics will not work with me as once I get my teeth into something I like to see it through to the end. Also to have such a wealth of information this site instills a lot of confidence...a special thank you to Hillards for the no nonsense advise.