capquest

[xboxer]

Morning everyone,

I received a letter (first letter) from Capquest at the weekend with regards to an old credit card informing me that despite continued attempts to get in contact with me they will be looking to start legal action.

I presume this is one of their usual threat-a-grams, letter before action full of IFS and MAYS and presuming the court will award them whatever they want. Then goes into depth about bailiffs and how they work. I have until 26th of this month till they pass it on to their solicitors who MAY commence legal proceedings.

Also the pre-litigations department will perform the relevant validations and checks. Shouldn't they do this first? lol

Ok so apart from giving me a laugh at the weekend reading this (thanks to CAG for the education) this account is definitely statue barred. I haven't paid or acknowledged this debt for at least 6 years. 2005 was a significant year for me so I know I haven't paid anything since at least the end of 2004, probably longer!

When I checked all 3 credit files in November 2010 this wasn't showing on any, I have checked again this morning on Experian and it's still clear.

So should I go straight in for the Statue Barred letter?

Thanks

[silverfox1961]

So should I go straight in for the Statue Barred letter?

 

NO. I would send the 'prove it' letter first and when (if) they manage to come back with anything CCA them.

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

 

This route is just to make sure that it is SB before hitting them. You don't want to go off half cocked

[xboxer]

Ok thanks once again silverfox, you seem to be my personal advisor today! lol

[xboxer]

Morning everyone, update time.

I emailed capquest the Prove It letter and received the following letter yesterday as a response.

Dear Mr Xboxer

Debt Purchased From: Capital One Bank (Europe) plc

Account Number: xxxxxxxxxxxxxxxx

Balance: £xxx.xx

Further to your recent correspondence and in order to process your communication further, we would request you provide the following information by XX Feb 11 to assist us in resolving this matter.

Proof of residence as at xx xx 2003, ie.; a copy of a Utility Bill or Bank Statement covering this date.

Proof of Identity (i.e. A photocopy of Driving Licence, Identity Card or Passport) would assist us to progress the account accordingly.

Please confirm if you have ever lived at: xx xx xx, xx.

Your assistance would be greatly appreciated. Please note this is not a demand but a request.

Yours sincerely

Collections Administration

From the info in the letter it is me they are looking for.

So apart from the fact it was sent second class (obviously not urgent) and the fact they wanted to show off their word skills (the three actions were boxed and had tick marks next to them ), should I reply or ignore?

If I reply I will NOT be supplying any of the requested information as the way I see it they should have been certain of this before the initial letter.

Thanks as always in advance!

[Revenant]

It's against the OFT Guidelines for them to ask for clarification and as you quite rightly imply if they weren't sure of who you were they shouldn't have written

 

It's up to them to get the proof so make them work

 

Good luck

 

R

[xboxer]

Well I'll wait until their next letter then!

Right so I'm expecting this to turn into a full game of letter tennis as this is only my second letter. I'm going to be requesting NoA, CCA, statements and breakdowns (all separately of course)

As I'm 100% certain this is SB I want to make this last just to be sure.

So out of interest does anyone know what Cap One's terms were in 2003/04 with regards to accrual of a cause of action?

[Bazooka Boo]

You MUST send a copy of that puerile inept letter to the OFT&TS that is classic, confirmation that they are indeed in breach of the OFT DCguidelines and after the blinkered view on Radio 2 the other day, complain to the CSA also.

http://www.csaconsumers-uk.com/page/i-have-a-complaint

[xboxer]

Hi Bazooka Boo, as soon as I know it is definitely SB I will be firing off the complaint!

The way I see it is that they want to know where I was living on quite a specific date. Is that because they don't know for definite that I'm who they are after OR want to make sure their paperwork will match?

The problem is I know of 2 other people in the town where I live with the same name as me and there is even someone in the neighbouring county with the same name and DOB as me ( I found out this by accident when I was admitted to hospital a couple of years ago). So any of my namesakes could have received similar letters and my details!

[alfwithhair]

That letter is way out of line.

Send them nothing.

You don't have to confirm anything.

[Bazooka Boo]

The way I see it is that they want to know where I was living on quite a specific date. Is that because they don't know for definite that I'm who they are after OR want to make sure their paperwork will match?

 

That is exactly what they have done, a blanket bomb approach in the deluded hope that one of those letters will end up with the correct person, you only need complain to the OFT&TS, and the CSA, and what the hell, your Local MP also, get this corrupt rotten to the core industry back into the commons for debate!