Capquest Statement, WTF?

[RoyalIrish]

Hi All,

 

I just got this in the post this morning!

 

 

 

I HAVE NEVER had a cheque account with this alleged debt!

 

I first heard about it when I got this -

 

 

I then have asked them for a CCA (via CAG Template) in December following the Statutory demand - They totally ignored me, took the postal order and sent this -

 

 

I ignored their request for info (the cheek of them!)

 

They obviously do not even know for sure if I am the person they think I am!

 

I then sent them "Time Up" letter (via CAG Template) in January - They ignored me yet again!

 

It appears that they take no notice of the CAG templates and are a law unto themselves!

 

What the hell do I do to get these idiots to get lost?

 

They have no CCA, no statements, no details NOTHING and yet they continue to process my data!

 

TODAY I have now found out I have an account with them!!!!

 

I think that they are absolutely mental!

 

Should I sue them?

 

Thanks,

 

G

Edited October 15, 2009 by RoyalIrish

[silverfox1961]

If you know absolutely nothing of this debt, tell them and report them to trading standards and the OFT.

 

Check your credit file to make sure they haven't put any adverse info on there.

 

Did you have any account with the original lender?

[RHOOD]

I would re-post and remove BAR CODE asap on first letter, is the debt over 6 years ?

 

Look at DATA PROTECTION ACT & OFT GUIDELINES SECTION 2

[citizenB]

 

The letter dated 26 January 2009 from Capquest.. The address they are asking you to confirm you have ever lived at, is that the same address to which they have sent all the letters ?

 

If not, then this is a phishing trip.

 

IMHO, if you have no knowledge of this account, or the address then I would be making a complaint to the OFT. They will not intervene in individual complaints, but they do keep a log of such complaints.

 

Perhaps also a further letter to CAPquest reminding them they are in default of your CCA request made on DATE. Enclose a copy of it for their attention.

 

Dont use your normal signature, or use signgaurd (antitampering strip).

 

The statement they have sent is a statutory requirement which came in around 2008. However, if the account doesnt belong to you.. then why the hell are they sending you one anyway ?

 

What is the story on the Statutory Demand they sent in December 2008 ?

[RoyalIrish]

If you know absolutely nothing of this debt, tell them and report them to trading standards and the OFT.

 

I have been telling them I no nothing of this debt!

They keep ignoring me!

 

Check your credit file to make sure they haven't put any adverse info on there.

 

This statement is most likely designed specifically so they can default me every month!

 

Did you have any account with the original lender?

Er, this is a public forum, my previous accounts are personal!

 

 

Thanks!

[RoyalIrish]

 

The letter dated 26 January 2009 from Capquest.. The address they are asking you to confirm you have ever lived at, is that the same address to which they have sent all the letters ?

 

If not, then this is a phishing trip.

 

IMHO, if you have no knowledge of this account, or the address then I would be making a complaint to the OFT. They will not intervene in individual complaints, but they do keep a log of such complaints.

 

Perhaps also a further letter to CAPquest reminding them they are in default of your CCA request made on DATE. Enclose a copy of it for their attention.

 

Dont use your normal signature, or use signgaurd (antitampering strip).

 

The statement they have sent is a statutory requirement which came in around 2008. However, if the account doesnt belong to you.. then why the hell are they sending you one anyway ?

 

What is the story on the Statutory Demand they sent in December 2008 ?

 

The SD just disappeared after I sent them the CCA request!

 

Why am I getting a statement if they have no CCA and they don't even know if I am the person they are after?

 

Surely this is illegal?

 

My credit file is shot to pieces now, all because of redundancy and companies like this.

 

I have written myself off for ever getting credit again.

 

G

Edited October 15, 2009 by RoyalIrish

[citizenB]

The SD just disappeared after I sent them the CCA request!

 

Why am I getting a statement if they have no CCA and they don't even know if I am the person they are after?

 

Surely this is illegal?

 

G

 

There is something in the OFT Guidelines about this.. I will go find it and BRB

[vint1954]

If the debt is not yours, then complain not only to the OFT, but trading standards and FOS. Involve your MP if needs be.

[citizenB]

Here you go.. the full Guidelines are in the following link and it might be a good idea to have a read to see if anything else applies.. I have only included the sections I consider relate to your situation. The full information is in the link below.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/527-oft-debt-collection-guidance

 

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address.

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

j. requiring an individual to supply information to prove they are not the debtor in question, for example, driving licences, passports, full name, date of birth, signatures

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

b. falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted

f. pursuing third parties for payment when they are not liable

Edited October 15, 2009 by citizenB

[RoyalIrish]

Thanks guys!

 

Much appreciated!

 

G