Cap Quest chasing debt I don't owe, I'm not in UK!!!

[jtkpenguin]

Hi All, so delighted to have found this forum, looking for advice on what I should do or even if I've done the right/wrong things, apologies for the long post....

 

I left the UK in March 2000 & moved to Dublin, Southern Ireland, where I've been living ever since. Prior to leaving I paid up everything, right down to the last penny, as I didn't intend going back. Now, 6yrs later, out of the blue I'm being chased for a debt I definitely don't owe!

 

1st ltr from Cap Quest dated 13th July, 2006 - rec’d at my Irish address on 1st Aug. - stating that I owed a debt of £140.50 to Freeman’s PLC & this was now owed to Cap Quest.

I rang Cap Quest, spoke to an Adam Ninnis who stated:

- The debt was related to my old UK address

- The last payment was made on 12/12/2002 - I told him I hadn't been in UK since 2000 so it’s definitely nothing to do with me

- When asked for details of the debt he said I would have to speak to Freeman’s

- He asked for proof that I didn't owe the money. I faxed a statement denying the debt is mine & also a ltr from my solicitor of the time showing the conclusion of the sale of the property that they say the debt relates to.

I advised him that I considered it was not my debt; that this was fraud & I would pursue it as such.

 

I then rang Freeman’s Customer Service, spoke to a nice woman called Sam who told me the a/c number related to ‘Montage’ (a subsidiary company of Freeman’s), I’ve never even heard of them let alone had an account with them! She gave me the phone no. for Montage. I advised her that I considered it was not my debt; that this was fraud & I would pursue it as such.

 

I rang Montage Customer Service, spoke to woman called Lucy who acknowledged there was an a/c in my name & old address; when asked about the a/c she said that her dept could only see details going back 1 year but that if I faxed to their Credit Operations Group the same details that I sent to CapQuest they would deal with it. I did this immediately but have had no response of any kind. I advised her that I considered it was not my debt; that this was fraud & I would pursue it as such.

She said if I considered it to be fraud to contact the Police, it’s a bit difficult from over here!

 

02/08/2006 Decided to try & get a Credit Report from Experian – spoke to a chap called Stephen Daniels - I was told I had to write a letter, enclosing required fee, with proof of my Irish address, old UK address & DOB which I’ve duly done….

 

2nd Ltr from Cap Quest dated 3rd Aug, 2006 – rec’d at my Irish address on 8th Aug. – acknowledged my contact, said the a/c is on hold for 28 days & asked for proof of payments or correspondence that would assist in the query.

I again rang them, denied that the debt was mine & again asked for proof of the debt, I was told to pay the debt & then try to claim it back – I told the guy he was having a laugh!

 

3rd Ltr from H L Solicitors dated 27th July – rec’d at my Irish address on 9th Aug. – asking for full or partial payment by 9th Aug or Court Proceedings will be forthcoming & that the total now owing is £217.50 + interest on a daily basis.

 

I rang the number on the ltr, reiterated that it is not my debt & that I consider it to be fraud. I was told to contact the Police & get a Crime No. & then contact them again.

 

I’ve contacted the Garda Siochana (Irish Police) who initially said the crime was committed in UK so they can’t help, but now say if any further correspondence is rec’d I would have a good case for harassment & possibly fraud.

 

I’m now about to send a ‘Prove It’ letter by Registered Post denying the debt is mine, asking for proof of the debt & stating that if they don’t provide this within X days I will not correspond with them any more. Also stating that I’ve been to the Garda as detailed above.

 

Couple of questions:

 

1) How would they have got hold of my Irish address?

2) The example ‘Prove It’ letter shown elsewhere mentions a Credit Agreement & CCA, as this debt is allegedly owed to a Club Book can I still sent this letter?

 

If anyone has any advice on dealing with this when one is no longer living in the UK I’d really appreciate it…

 

Thanks in advance...

 

James

[Guest Zooman]

I don't know much about fraud, although I think you would be best also making a complaint to your former police force.

 

I presume there is link on your credit file from your old house to your home in the ROI.

[jtkpenguin]

Thanks for reply Ashley, the reason I say it's fraud is because it's definitely not me that owes the debt because:

- if the a/c with Freemans/Montage was started after 2000 I can prove I wasn't in the country

- if the a/c with Freemans/Montage was started before 2000 surely I would have rec'd something, i.e. parcels, letters, demands, statements etc whilst I was living there?

 

I contacted the local police station nearest to my old address, they say as the letters are being sent to my Irish address that I have to report it in Ireland. They also agreed that it's fraudulant use of my name/address.

 

I haven't rec'd the credit report yet, but I'm worried that this is just the tip of an iceburg, don't know what sort of link there could be between my old hse & new home in Ireland? Any ideas?

 

What does anyone have to provide to open an a/c with a club book? I thought they would insist on some form of id proving you live at that address?

 

Anyone else have any ideas?

 

James

[blacksheep1979]

If you never intend to live in the UK again they'r egoing to have a hard time enforcing the debt as they will not be able to issue court papers to a non UK address

[jtkpenguin]

Blacksheep, no I definitely don't intent to live in Uk ever again so I realise they can't issue any summons

 

Here's an update on the situation:

17th Aug. Rec'd the same acknowledgement letter from Cap Quest.

18th Aug. Rec'd my Credit Report from Experian giving details of this so-called debt, along with details of another similar one!!

Back to local Gardai (police) station - told that no crime has been commited here in Ireland so they cannot help in any way

Now trying to contact Police station in Uk again to explain that this is definitely fraud!

 

Again a couple of questions if anyone can answer pls?

1)What does one usually have to provide to be able to open up an account with a mail-order book?

2) Both these debts are for mail-order books, one I'm being chased by Cap Quest for, the other I have only found out about from the Credit report - should I contact the 2nd company to deny all knowledge of it or should I stay quiet?

 

Neither of these debts are mine - I can prove it because:

1) I haven't been in the country during the times that these bogus mail-order accounts have been set up & used

2) the Credit report shows the wrong date of birth for the two bogus accounts, whereas everything that's actually mine has my correct date of birth on it

 

I'm worried that these debts may be following me over here & could harm my excellent credit rating here, so I've applied for a credit report here too, but I've been told that Experian Ireland also look to the UK for details so it'll be interesting to see what that shows when it arrives.

 

Anyone had any similar experiences?

 

James

[jo5ephedward5]

You can open a catalougue account over the phone with no proof etc, i would send the CCA letter to both alledged companies to see if they have any signed agrements.

 

there are a number of people having the same problem as you with CapQuest - they havent ever taken anyone to court and trading standards are aware of their practices... just have a look on Grumbletext, UK consumer complaints - post online and via SMS text message! and search CapQuest to see a huge thread on them...

[JonCris]

Sounds like ID theft & You effectivley gave them the address when you told Experian.

 

You must sort this if there has been 1 ID theft there could be others. Contact Experian & ask to be put on their anti fraud register. Anyone tries to obtain credit in your name at your old address & a fraud warning is activated. They are then required to answer some security question which only you would know

[NailPost]

Catalogue companies rarely, if ever, can provide a signed agreement and without this they cannot take any legal action. Send those who are chasing you the standard S77/78 letter. If they cannot provide you with these details you have a perfect defence in any legal action they may take. I would wager a penny or two they won't!

 

Regards fraud I would also write to these companies formally advising them you intend to report your suspicions to the local plod. Tell them you expect them to co-operate with any investigation. Ask them for confirmation that the matter is closed as far as you are concerned.

[Saxon1]

Here is a letter i have just written to Cap Quest, who regulates these morons ?

Dear Sirs,

For the last month we have been receiving persistent telephone phone calls from your department on a daily basis, perhaps 2 a day.

When they come to the security question “what is my birth date “they cease all conversations.

Just because your records show an incorrect birth date that is your problem, what I do not want is any further telephone calls to my home until you resolve this matter.

The last straw was yesterday evenings telephone call, which my 10 year old son was subjected to, what I can only describe as interrogation, being asked where I was, who I was with, what was my mobile phone number.

Should this not cease, I am advised to raise this matter with the Police, as possible harassment.

What is all the more galling, which has been confirmed by Payplan, is the fact that my account is fully up to date, and you have been receiving the agreed monthly payment.

[42man]

Saxon, a warm welcome to the CAG forums...I would report this to the police....and tell your local MP....

 

Also please start a new thread in the Debt Collection Forums...

[plodalong]

Ive just joined up after seeing all these concerns over Cap Quest!!! I've have been very surprised to learn that I owe some £900 on a Credit card i knew nothing of. That Cap Quest got this debt from Capital one. Apparently the Card was activated in my details at my old address in 2004 - 2005. Things is. I entered into an IVA at this time and all my credit went in to my IVA, This strangely did not. Because at the time it didn't exist! My IVA is now terminated this year and unfortunately I'm in Bankruptcy proceedings. Strange thing in May someone tried applying for a Credit Card with "Capital One" In May 09 in my name again. Thankfully I was able to prove it was not me due to my employment. Contacted the Police and Cap 1, who have since added a CIFAS marker on my credit file, confirming the ID Theft! But suprisingly the very rude fool I spoke with at Cap Quest told me they took responsibilty for the Card debt in June 09...! When I questioned him about how this could be and mentioned my Police service and did they have a copy of the CCA. He wasn't as keen to continue the conversation. When I asked for the manager he suddenly became the supervisor!!!! I will probably look at Harassment case against these people. I'm looking into this further with Cap 1...!