CapQuest requesting address from over 10 years ago

[lancsgirl]

Hello, I need some advice as I have recieved a Telogram by letter at my current address requesting information about me at my previous address. I have never been on the voters poll until this year, since leaving the previous address. The address is correct, but I did leave a very small amount of debt, however that was over 10 years ago. Debt may be student loans pre 1996. I have never had any letters or contact with anything from my previous address. They now want to record this detail on my credit report I assume.

However, how can they be still chasing me after all this time? Is this legal or statute barred. Do I confirm or deny? Will it be seen as fraud? Do I answer the letter, ignore or deny it? They have stated in the letter that if I do not contact them by a certain date they will assume it is correct and they will move forward with their investigations unit where further research will be undertaken to seek to verify that the information supplied is correct

[vint1954]

Do not confirm anything. I think student loans are exempt from being statute barred, but I am not sure when this came into force.

 

If you want to reply and the telogram mentions debt:

 

Dear Sir/Madam

 

Account no:

 

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.

 

[cerberusalert]

If there is a clear period of six years where no payment, written acknowledgement or deferment requested it will be Statute Barred & you could send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[vint1954]

Does that apply to Student Loans Cerberusalert

[cerberusalert]

If it's the 'old style' student loan yes.

 

Depends whether the loan was before September 1998, see here: http://www.bdl.org.uk/images/25_liability_for_debts_and_the_limitation_act.pdf

[vint1954]

Thanks cerberusalert

[BankFodder]

Ignore them until they raise an isue with you

[PGH7447]

If I do not contact them by a certain date they will assume it is correct and they will move forward with their investigations unit where further research will be undertaken to seek to verify that the information supplied is correct

 

amazing, dont ya just love their presumption that they can do what they like, report their sorry asses

[F_DCAs]

Report them.

[lancsgirl]

Thanks for your prompt replies. They have not mentioned any debt.my student loans 1993/94 year at uni. Is this statute barred? If I reply to the letter and acknowledge the information to be correct I could be opening a can of worms. If I don't answer the letter and ignore it they will assume my guilt and put unfair information on my credit report. Also why are they so interested in me now after over 10 years. I thought they only recorded the last 6 years addresses? They need this information for their clients/originator records. I'm so confused.

[debt4get]

best to send letter and find out exactly what the debt is for? until you have a handle on that , it is pointless to speculate... not too sure about student debt..dont know if that comes under the sb'd legislation, but i am sure that people on here will know

[lancsgirl]

Hello, Thanks for your replies. I have been digging around and found that the company who sent this letter is Telogram Ltd. They are registered at the same address of N Hunter, the secret 'anti-fraud' database. They have requested that I confirm my residential address as they are 'acting as the authorised agent for Capquest' They 'Capquest have an obligation to update their file with data concerning change of address or establish a new residence' If I don't confirm by a certain date it 'will result in this record moving forward to our investigation unit where further research will be undertaken to seek to verify that information supplied is correct'

Why have capquest still got my address from nearly 12 years ago? Is this against the data protection law?

What is my position now? Will fraud be on my credit file? Do I have to confirm my residential address or deny all knowledge of living at that address as anything there on default, which would be very little would be statute barred?

[caledfwlch]

Tell them you are unable to Confirm or Deny the address due to your obligations under the Data Protection Act that might confuse them

 

So, is Telogram owned by N Hunter then?

 

I would complain, as that is a very sinister sounding message "we will investigate you" They are not the Police!!

[cerberusalert]

Do I have to confirm my residential address

In a word NO

 

They cannot mark your credit file.

 

Complain to Trading Standards & the OFT.

[lancsgirl]

Thanks again all. All I know about this company Telogram Limited is trading from the same address 100 Barbirolli Square Manchester M2 3AB which is the same address as N Hunter the name of the 'anti-fraud' database. N Hunter has businesses subscribed to it which include over 90 organisations debt collection agencies, banks, credit card companies. I found this out on here on searching found this N Hunter Limited - The Secret Credit Reference Agency! (1 2 3 4 5 ... Last Page)

TheAnalyst It is a real eye opener. Thanks I will make a complaint to OFT and Trading stardards.

 

 

CapQuest OWNS Telogram Ltd very interesting seems that CapQuest is trying to hide behind another company to make it more important thean a Debt Collection Agency.

Edited September 23, 2009 by lancsgirl
additional information added

[lancsgirl]

Hello, I have received a letter from H L Legal Solicitors and they refer to the letter sent by Telogram Limited. They have said ' our client will have been unable to confirm that the information supplied by the external agency is incorrect and follow up action including further attempts to contact you will be taken. Such follow up action may include a visit to the above address for verification purposes. To stop this action you must contact our client'

I have not lived at the address in question to be verified for nearly 12 years. I don't want to confirm it is me because I feel that they are holding information longer than the 6 years which is the limit of any 'actionable' recovery and I have been good in paying my bills on the whole since this time and to include any data pre 6 year limit would be unfair and unjust. How do I proceed? Do I report them to the authoriities for data protection od customers post 6 year rules, and trying to chase debt past 6 year rule? or do I ignore these letters and be damned and harassed in the future for statute barred debt? or do I send them 'I acknowlege No Debt letter' or deny it is me totally? Any advice would be well come, thanks

[harrassed senior]

You have an absolute right to NOT provide them with any information whatsoever.

 

You could write a very brief unsigned letter suggesting that it is the law that they confirm that the information they have is correct. Being unable to prove it is incorrect is a double negative!

 

Until such time as they have that information it is laid down that they must not keep contacting you in this very obtuse and threatening manner.

 

Hopefully someone with the exact wording in the 'Code of Practice' will be along soon so that you could quote that to them.

[Mrs E Blackadder]

'Capquest have an obligation to update their file with data concerning change of address or establish a new residence'

 

 

Why do Capquest have an obligation to update anything? They are only a simple (very simple imho) debt collectors with sod all rights. They made my life hell with their non-stop phone calls and 'telograms' and the debts weren't even mine. They have absolutely NO rights to any information from you or about you. Personally I would ignore them or tell them to get stuffed, but that isn't really very practical advice for you! I think they are just phishing, hoping to con you into giving them some information that they can use against you to hound you until you start paying them something.

 

From personal experience, and the more I read on here, the more angry I become with these organisations and their underhand, deceitful, arrogant and downright rude way they treat people. Sorry for the rant, but to begin harrassing someone for a debt that is probably about 15 years old is really scraping the barrel . I'm sure if you type 'student loan' into your search engine you will eventually be able to find the information you need about whether or not it is statute barred, and if it is then send these bunch of mongrals the appropriate letter. Whatever you do, get yourself armed with the right information and just don't let them get to you. They really are not worth it. (Oh, and never deal with them by telephone. If you feel you have to contact them then keep it all in writing and don't sign you letters.)

 

Ok, rant over .

[Undercover-Elsa]

Hi Lancsgirl,

So sorry to hear of your problems , they are so sneaky and anyone would find this kind of approach sinister and threatening.

To put your mind at rest about student loans:

Student Loans are an unusual case, as they changed in September 1998. Any Student Loan taken out before this date was a consumer credit agreement, which means the Limitation Act 1980 applies. But any Student Loan taken since then is an ‘income contingent’ loan – so repayments can be deducted from your wages without any court involvement, regardless of how old the debt is.

So you're in the clear there, it is Statute Barred if you've made no payment or acknowledgement in the last 6 years.

Most other debts will be too, including, suprisingly enough, Council tax and Utility bills, but not Tax or VAT.

As above, do not divulge ANY information to them whatsoever and never sign any letters if you do write to them. The onus is totally on them to prove any debt and to ensure they have the right person.

The next step is up to you - you can either wait and see what they come up with next or be proactive and as Harrassed Senior says, write and state that you find their letters threatening and intrusive and have therefore contacted Trading Standards. State that you have no knowledge of Capquest and no obligation to supply them with any information whatsoever and if they continue you will pass their letters on to The Office of Fair Trading with a formal complaint. Stress too that you deny any permission for them to visit your property and should they do so will call the Police. (there's a full doorstep harrassment template letter in my signature below..amend/add as needed)

You'll get lots of help on here so don't worry, just keep us p to speed on anything else they send and shout if you need anything

Elsa xx

[lancsgirl]

Hi everyone. thanks for the support. I have writen to telogram limited told them I have no knowledge of them or capquest and the information is data protected and that they are not to visit my address as I have a right to refuse visits from them and if they do so the police will be called. I did not sign the letter just put from the occupier. I have also reported them to trading standards as they are acting against guidelines of using wording which misrepresents what or who they are creates alarm and distress and they are also unsure if they have the right person in the first place. I hope this works to nip in the bud. Wil keep you posted of any further developements thanks again everyone

[2Grumpy]

If they do turn up, you don't have to confirm anything to them, just tell any unwelcome visitor asking questions about id & previous addresses to f*** off