Capquest - help!

[jchull]

I received a letter from Capquest last week (which I have since misplaced!!). The letter alleges that I owe them £1000 (its a first letter form Capquest), which I know is fraud as I haven't used that bank aco**** in 5 years (and have been out of the country since).

 

Should I send thema "proe it letter" or a CCA request?

 

Also since I have lost the letter, I have no reference number. Is this a problem? I believe tey keep sending letters anyway..... any advice would be greatly appreciated.... thanks in advance

[Undercover-Elsa]

Hi jchull,

It's probably just a fishing (phishing) expedition.

I wouldn't do anything at this stage..just ignore.

 

If you haven't made any payments or acknowledged the debt in writing for 5 years, it's only a year until it becomes Statute Barred and uncollectable.

 

I'd just sit tight and see what they send next, play for time, only reply when absolutely necessary.

Let us know what else, if anything, they send, then we'll sort out what/whether to reply,

 

kind regards,

Elsa x

[Undercover-Elsa]

PS: Just noticed it's your first post..welcome to CAG!

[jchull]

Thanks very much Elsa.

 

The letter did say that if I didn't make contact with them by 2nd Aug, they would pass the matter on to their solicitors. Is this something to be worried about? I'm an honest citizen and have always repaid my debt in full... really don't need this....

[jchull]

It is.... and thank you!

[Undercover-Elsa]

Hi,

That's just a standard threatogram.

The other thing I should mention is never to discuss this on the phone with them..they will lie and bully in a way they dare not do in writing.

Everything needs to be in writing.

They rely on people being honest and believing their empty threats..its not unusual for people to pay debts they don't owe, simly because they either believe the debt collector or are afraid of the threats.

Even if you are 100% certain you don't owe this debt, it will fall on deaf ears if you just tell them that. The main thing is (despite what they may tell you) that the onus is on THEM to prove you owe a debt, not up to you to prove that you don't. That's the law.

You'll need to go through the process of making them prove it.

This is the template letter..amend to suit and send it (by recorded delivery) once they've contacted you again.

 

Elsa

[Bazooka Boo]

If you have a common surname then you will be on a phishing list, and all they do is send out the same letter to hundreds of people with the same surname and initials in the hope of hitting 'a' target, as soon as they get a response from someone, they will not take no for an answer, so sending them anything will, in their tiny minds, lead them to believe that you are the debtor and they will harass you even more.

 

The best form of correspondence is to ignore them completely, after all, if it is nothing to do with you why would you respond, well thats their way of thinking, in fact it's the only way of their thinking. That and when the next CITV cartoon is on.

[cerberusalert]

It wouldn't be an RBS a/c would it.

[cerberusalert]

Mmmm.... must be a slow day at the RBS.

[jchull]

not an rbs account...

[jchull]

okay guys, just got another letter, now from HL Legal saying Capquest has passed on the matter to them. I should pay the amount by 15 Aug, or they will take me to court, affecting my credit ratings etc. I haven't ocntacted them as yet, but am now getting seriously worried.

 

Shall I send them a prove it letter, or a CCA request? Any other suggestions? Please help!

[fuzzybobble]

HL Legal is just a desk in the corner of Capquests office. They sometimes like to pretend to be solicitors to try and scare people into contacting them. As this is the first time you have heard from Capquest, then it's likely they don't own the debt and are just collecting on behalf of the bank/OC. Therefore they cannnot start any legal proceedings, as they don't own the account.

 

I used to get HL Legal and Capquest letters for a month or 2. I just ignored them, and the letters stopped coming.

[Bazooka Boo]

HL legal eh from my neck of the woods,

 

As they have foolishly stated that they will take you to court you should put them back in their little box by sending them a CPR 31.16 request http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm#IDA3CLTB

That will shut them up.

 

And make a complaint about them to the OFT/TS via http://www.consumerdirect.gov.uk/contact Aswell as the http://www.lawsociety.org.uk/choosingandusing/redressscheme.law

[jchull]

Thanks guys.... very helpful... to clarify, I did get a lettter from Capquest in end July, which I ignored (as advised by this forum). But now this letter from HL Legal has got me thinking I should send them some response at least.... sorry to ask a basic question, but should I send them a prove it letter or a CCA request?

Also, if someone has fraudulently used my account (while I was out of the country), should I go to the police?

[jchull]

Also, they are saying the bank have transferred the debt to them (implying Capquest own the debt)

[Bazooka Boo]

I would read 'Transferred' as 'acting for their client' especially if the bank themselves have failed to advise you that it is now being transferred to crapquest.

Yes if you believe there has been any fraudulent activity on your acount you should go to the Police with the evidence, although it is feaseably their own charges they have placed on the account.

 

Quite possibly now would be a good time to send them the 'No debt acknowleged' letter and let them come up with something.

[jchull]

Whats the "No debt acknowledged" letter? Same as the CCA request? I fouund this on a related consumer forum page:

 

"

Dear Sir / Madam

Ref:

I do not acknowledge ANY debt to your company.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within section 78 (1) Consumer Credit Act 1974 (section 77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, Postal Order Serial Number

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under section 189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours Faithfully

[Bazooka Boo]

No sorry, this is the one I was referring too;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

[jchull]

cheers Bazooka Boo, but the link doen't work

[jchull]

also, once I send the letter, what are the next steps? At whats stage is a CCA request sent out?

[Hardupnotfedup]

Just take one step at a time keep copies of all coresspondence send recorded delivery

Do not sign anything print name

Head all letters I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANYONE YOU CLAIM TO REPRESENT.

[jchull]

Thanks. Do I send the letter to HL Legal or Capquest? (I would think HL Legal right?)

[Bazooka Boo]

Whoever is chasing you for the money at the moment.

[jchull]

Hi guys

 

So I sent Capquest the "prove-it" letter last week. They have sent me back a letter ysterday saying "In order to process your commuication further, could you pls provide the following information:" - proof of residence in 2000, copy of passport/driving licence and confirmation I ever lived at a certain address. They sign off saying its not a demand but a request.

 

Is there another letter I can send them back? Should I send a CCA request? Any help is greatly appreciated.

 

Thanks

[Bazooka Boo]

Yes you can send them a letter with one line,

 

"I request you do your own job"

 

Or simply send them nothing, which is probably the best option, pointless getting into a game of letter tennis with them.

 

You do however NEED to mak a formal complaint about them to the OFT/TS via http://www.consumerdirect.gov.uk/contact

 

I have never heard of such bad practices, even by cr@pquests standards this beats everything hands down, so they want you to send them all of the information, they should have in the first place before sending out their threatogrammes, ansolutely unbelievable, I can think of a hundred and one offences here, DPA and CPUTR for starters...Make that complaint, and send them nothing, absolute bunch of wasters.

Make a complaint to the CSA using their own complaint form; http://www.csa-uk.com/media/editor/file/complaints%20form-%20word.doc

If that link fails their complaint form can be found on this page; http://www.csa-uk.com/page/codes-and-standards