Barclaycard/Capquest letter with Maiden Name

[maffmond]

Hello all,

 

I'm writing this on behalf of my wife. Thanks to reading previous forums on here we managed to negate a series of letters from Avantis for a fictitious debt, so thank you!

 

My wife received a letter from Capquest, in her maiden name (and Miss as opposed to Mrs) around a month ago which as per the advice we didn't respond to.

 

A further letter was received dated 27/3/13 from Barclaycard with detail that the debt has been assigned to CapQuest Investments Ltd and they have appointed CapQuest Debt Recovery Ltd.

 

The amount at 6th Feb 2013 was £3344.07

 

We have been married since 2007, and we believed that all account and address details have been updated, although my wife has had trouble with a Barclays Bank account and has had to visit a branch after they repeatedly didn't update the details.

 

Following advice on here we applied for a noddle.co.uk credit report and discovered a few things.

 

1) The Barclaycard account had 8x £300 cash advances made on it, 1 in Oct 2010, 7 in Nov 2010. We were not at the address at this time and my wife would have updated both her name upon marriage and address upon moving.

 

2) The address links section shows the following (details changed within asterisks!)

 

From *wrong address where we have never lived*

To *address where we lived from 2004-2009*

Most recent source of link Barclaycard

Last confirmed 30/11/2012

Earliest confirmation 30/11/2012

 

3) There are NO other transactions dating back to April 2007

4) In June 2011 the account appears again as OK and up to date, although the balance continues increasing

 

We have no intention of speaking to CapQuest, but we don't want this to escalate any further.

 

Can you please advise us on the following?

 

1) Does it appear that the account was registered at an address not ours?

2) Is my wife liable for this? We didn't keep a copy of the change of address correspondence (sorry)

3) Should we contact Barclaycard, or will this make us more liable?

 

We were much more confident with Advantis and a claim for £120 for a bill from 1998, this seems a little closer to home and is worrying especially as we've got a small baby and money is tight.

 

Thanks in advance for your help, and Happy Easter if you celebrate it!

[dx100uk]

so what as you saying..

 

there appears to be fraud on this account after you moved?

 

could it be a new card was sent there and someone has used it?

 

dx

[maffmond]

Yes, that is what we are assuming.

We think, a new card has been sent to out previous address or an address which is similar but have never lived there.

There have been no transactions in the last 6 years from us, apart from the 8 x £300 cash advances.

 

Thank you for responding so quickly.

[citizenB]

Have you sent a Subject Access Request to B/shark ? If not, it might be a good idea to do so now. It will cost you £10.00 - they have 40 calendar days to respond and you should receive all the data they have in respect of your wife's financial dealings with them.

 

There is a draft letter in the CAG library which you can use/amend. All though the request is for ALL data - you will need to specifically request a copy of the communication log/Diary of events. This should detail all actions taken on the account by either B/shark or your wife.

 

HTH

[maffmond]

Thank you very much.

I'll take that as the next course of action.

By the way, do we inform CapQuest that we are doing this?

[citizenB]

Hmm, you have no need to inform them. However, you could advise that there is a dispute on this account that is as yet unresolved. It does appear as though there seems to be some problems that do indeed need resolving. They should back off a bit.

 

You might want to send a separate CCA request, which is for a copy of the agreement - It will cost you £1.00 and the company have 12 working days + 2 to comply. If that is not forthcoming, then there is a legitimate dispute in place. Daft I know, but you are unlikely to receive a copy of the agreement with the SAR request as it is covered under different legislation

[dx100uk]

yes good idea

bat crapest away.

don't fall for their threats

they can do nothing

they are not bailiffs

 

dx

[maffmond]

Thanks citizenB and dx100uk,

 

Both letters are printed with cheques enclosed, with the bank hol they should receive by Rec'd Delivery on Wednesday.

 

I shall let you know how we get on!

[citizenB]

Yes, please do let us know of your progress

[slick132]

Hi Maff,

 

It would be useful if you can establish that BC failed to properly update the name and/or address for the a/c. This may be key to showing that you didn't know about the cash withdrawals and that they were made using a card and PIN which you never received.

 

[maffmond]

Hello all,

 

Just a quick update, B/Card have replied to us stating that the Section 78 if the CCA request will not be honoured due to the names and addresses on the request and account not matching.

 

(which leads us to further believe that the address was incorrectly updated by B/Card themselves)

 

We've phoned the number given and despite numerous attempts to put us through to CapQuest(!) the details are updated and we're re-sending the 2 requests today by registered post.

 

Thanks again

Maff

[dx100uk]

good move!!

 

dx

[maffmond]

Just a quick update, we've received a large envelope from Barclaycard containing numerous statements and letters, no signed agreement as of yet.

 

In the meantime the Capquest letters and phone calls have ceased, so we're guessing that the correct plan of action is to keep quiet and enjoy the silence?

 

Thanks again, Maff

[dx100uk]

yep

 

dx

[maffmond]

Hello all, well the silence is broken and the phonecalls have started, but from a new company. We've also received a letter informing us of a doorstep visit from Debt Managers (Services) Ltd.

We're still to receive the signed credit agreement from Barclaycard.

Do we still ignore the requests or shall we inform them that we are taking it up with Barclaycard directly?

Thanks in advance,

Maff

[dx100uk]

p'haps time to contact BC fraud dept?

 

this is not her debt and should not be on her cra file?

 

dx

[slick132]

I agree with DX.

 

The best way is to tackle BC head-on about this and insist that any adverse credit data be removed, as well as reiterating that YW had nothing at all to do with any withdrawals.

 

Have you managed to set out a clear chronological list of events which also show your addresses, so you can show where you lived when any new card or PIN was issued.

 

Does the SAR data help you identify when cards and PIN's were issued.