advice please... re claimed debt by Capquest old Next Account

[lynd]

dear all

 

my lodger was evicted from her mother's home approximately two years ago October time. She left with very little.

 

She's just received a letter from CapQuest saying that they've bought a debt from Next for nearly £2k for non-payment.

She did have an account with Next (and had a storecard) but did not have the card with her when she left her mother's home.

It can only be presumed that her mother has run up debts in daughter's name.

 

The letter is addressed correctly to this address.

She has never had any form of correspondence from Next saying that she owes them money or what has been ordered.

I am presuming that the goods, when delivered to wherever from Next were signed for and that Next have details of this signature,

the goods ordered and what they were.

 

We've emailed the CAB for advice and will contact (is this wise???)

Capquest in the morning stating what (that we're taking legal advice???).

Capquest say they want payment in full by the 13th of November or else they'll take legal action and/or send in baliffs.

 

Now, regarding the baliffs

- the property she lodges in is owned my me.

 

Bar her personal possessions (clothes etc) everything else is owned my me

- the furniture in her room, her bedding etc..

 

am I right in presuming that the baliffs can't take any of that?

I have read that baliffs can't enter the property unless by 'peaceful entry' (i.e. through an unlocked door or open window

- actually if they do that and my dog bites them then what???).

 

. How does this affect my credit rating (which is exceptionally good I may add)

 

Any advice would be greatly appreciated. She (lodger) is obviously a little shocked that her mother could do this to her.

 

Thanks

 

Thanks

[coledog]

Hi and welcome

 

DO NOT phone Crapquest or any DCA EVER, keep everything in writing only.

 

Do not worry about their threats,

to appoint bailiffs they would require a court judgement and your lodger is a long way from this stage.

 

I would suggest a 'prove it' letter to Capquest and make it clear that she does not acknowledge this debt and disputes it.

Once you dispute a debt they have to put it on hold and investigate.

 

CAB advice can be less than helpful at times

- they are overstretched and not really prepared to help in disputes,

so see what they say but don't rely on it.

 

Do not do anything else until you have the full facts of this

 

Prove it letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[Conniff]

Bailiffs can't/wont' come unless it has been to court, there has been a judgement against her and she has refused/failed to pay by 28 days after the judgment.

 

That's one thing to report as that type of threat is not allowed.

 

I've edited your heading to include Capquest.

[coledog]

Good, Crapquest are well known for this. Send your letter recorded and keep a copy.

 

It may be worth some enquiries to Next also but see what CQ come back with and don't worry

[lynd]

thank you so much for this - and thanks for the letter - superbly written I may say.. I'll get onto that tomorrow

[lynd]

Have sent off the letter to CapQuest.

 

Interestingly enough, talking to lodger, is that she has never taken out a storecard with Next... also CapQuest have tried to call her on a couple of occasions yesterday via her mobile.... makes you wonder where they got the number from?

 

I said, don't reply to them - is this right? They left a voice-message saying get in contact asap and the woman who left the message was a little 'brusque' to say the least!.

[coledog]

No, don't speak to them at all, keep everything in writing.

 

It is against Office of Fair Trading Guidelines to phone someone when they have been requested not so send thenm this

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter.

 

See what their reply to the 'prove it' letter is, I suspect they are 'phishing' and have not necessarily caught the right person.

[kurvaface]

I suggest that when you do write to them,

make a point of saying that you wish to keep all communication from them in writing only

and that any furhter phone calls or text messages from them will be deemed to be harassment.

 

Point out that under the Protection from Harassment Act 1997 that if they make further phone calls or send additional text messgaes,

not only will you inform the police, but you will seek compensation for any distress caused by their harassment.

 

Have a read of the Protection From Harassment Act 1997 - it's brilliant.

[lynd]

just an update

- have had a reply from Capquest to say that they are looking into the matter and will be in contact in due course.

 

They have phoned lodger (the last call being on Monday) but nothing since.

 

I've told her not to reply.

 

Will await the next step and may be back for more advice.

 

.. thanks

[theghost]

I'll take a wild guess and suggest the letters doesnt say they will send bailiffs straight away, only that they coudl if it coulds to court and there is no payment.

 

If your lodger has not run up the debt and wnast to play ball she will have to report identity theft to the Police. If her mother has comitted fraud then she will have to cop it.

 

If your lodger is denying the debt is theirs then they should write to capquest and tell them so, otherwise you will fidn thigns will just go orudn in circles.

[coledog]

I'll take a wild guess and suggest the letters doesnt say they will send bailiffs straight away, only that they coudl if it coulds to court and there is no payment.

 

If your lodger has not run up the debt and wnast to play ball she will have to report identity theft to the Police. If her mother has comitted fraud then she will have to cop it.

 

If your lodger is denying the debt is theirs then they should write to capquest and tell them so, otherwise you will fidn thigns will just go orudn in circles.

 

I believe they have indicated that this is not their debt and have sent 'prove it' letter

[lynd]

yes, sorry, have sent the 'prove it' letter to Capquest.

[lynd]

hi people.

 

Lodger has received another letter from CapQuest

 

It says

 

Dear X

 

Our Client: Next

A/c number XXX

Balance XXX

 

We thank you for your correspondence and respond as follows:

 

We can confirm that this account relates to a Next Directory account, opened on 8.8.08.

 

Yours

 

It doesn't give any details of any orders, what was delivered, letters that were sent etc.

 

She wasn't living here then though - didn't move here till 2009.

 

What do you think my (her/our) next move should be?

 

thanks

[coledog]

You require a lot more information than this, you can respond and say that this is still in dispute and you are reporting this matter to OFT. You require proof of liability. Do report this to OFT http://www.oft.gov.uk/contactus

 

You can also enclose a CCA request - this will cost a £1 postal order but should force them to send any agreements and also statements of what is owed

 

 

CCA Request

 

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

[lynd]

thanks.

 

I report them to the OFT saying what exactly

(sorry to be such a doofus - have only ever dealt with TalkTalk and that was a nightmare in itself [but resolved]).

 

I send the CCA letter along with a paragraph saying that this is still in dispute and she needs proof of liability (still not admitting that it's her debt right)?..

 

that letter seems as useful as a chocolate teapot!!

 

And I've dealt with requests (albeit just to supply information) from students and Data Access Request.

 

Most appreciative of all your help here.

[coledog]

Report to OFT saying they are not dealing with your dispute properly and providing any information about your liability, which has been requested.

 

Yes sent a CCA request as stated. As part of CCA request they should provide statements of account which will give some idea of where this has originated.

[lynd]

lovely...

 

will get on to it tomorrow.

[lynd]

hello again.

 

Continuing the saga we've now had another letter from CapQuest saying that they've frozen the account

whilst they gather the information we requested (they've frozen it for 28 days).

 

Do I let this go as I seem to remember someone saying they've 12 working days plus 2 to supply said information (we're 10 days in now).

 

They've also asked for any paperwork for said debt to be sent to them - which obviously we don't have...

 

Any advice would be more than welcome.

 

Thanks...

[coledog]

No - still send the account in dispute letter after 12 working days, recorded delivery. It is up to them to prove this, not your friend. Let us see what they come back with. Add to the letter that you have no information to support this claim. Did they say exactly what they are asking for?

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[lynd]

The information they've asked for?

 

Any paperwork whatsoever in connection with Next (Bills, Orders blah blah).

 

Now you'd think, considering they're pursuing the said debt, that they would have this information wouldn't you.

 

Lodger has absolutely nothing whatsoever.

 

So, the next step is to send them, after 12 working days, that particular letter? Will get it ready to sign for next week.

[coledog]

Yes - do so. Not for your Lodger to prove anything, they have to do that

[kurvaface]

If they are asking for you to send paperwork to them, that suggests they are trying to cobble together proof that you have ( and have used ) the account possibly in the abcense of a valid cca. Don't send them anything.

 

I say "You" but I mean your lodger:-)

[lynd]

Thanks .. Letter on it's way today to CapQuest

[lynd]

hello there again...

 

I last came on this site nearly 2 years to the day to deal with the above

 

The DCA we were dealing with then was CapQuest who never came back with any of the information required

- and you were all very helpful..

 

Today, lodger received another letter from Next to say that they've passed the debt on to Lowell Portfolio 1 ltd..

 

. any ideas of what to do?

 

Lowell haven't written to her yet but am sure they will

- do I just go through the same thing again???

 

thanks

[lynd]

i have received the notificiation from Lowells about the 'debt'.

 

Quick question. Next sold the debt to CapQuest.

 

It now says that Next has sold the debt to Lowells.

 

How can they sell it twice?

 

Lodger (who has now been promoted to spare daughter) is a little worried again.

 

Do I send the CCA letter off now - the prove it letter?

 

Tis a real pain in the butt to go through this again

- CapQuest last wrote to lodger in December 2011 and have heard absolutely nowt since..

 

. they never supplied the CCA documentation (as I think they didn't have any)

so why did Lowells buy a debt that doesn't seem to be able to be proved?

(or do they just bulk buy?).

 

many thanks indeed for all your help

- you were very very useful before with CapQuest and I hope I can rely on your help again.