Cap Quest Letter for a debt we do not owe fraud? , cat debt from over 7yrs Ago?

[Connectorblock]

Hi Everybody.

 

Before I begin, I shall explain that this thread relates to a company named Cap Quest, from 27 Rye Close in Fleet, Hampshire.

 

I've googled Cap Quest so I have a good idea that they operate underhanded and have some serious issues.

 

However it makes me wonder how many innocent people have paid them for debts that they just do not owe.

 

We have received a letter today (28th June 2013) from Capquest?

 

I had no idea who they are but having read the letter I am now seeking advice on how to go about responding if at all.

 

The letter starts off ' MAKE US AN OFFER TO CLEAR YOUR ACCOUNT'

 

Interesting I thought...What Account?

 

It claims that they purchased an account from Freemans PLC and cleverly worded starts off by saying 'AS YOU ARE AWARE' insinuating that we have had contact from them before, which we have not.

 

Bearing in mind it's now the 28th June 2013, they claim they bought the so called debt on 6th July 2006? And to date have not been able to come to a suitable repayment plan to clear the outstanding balance. I better make it clear that we have no such debt and have never had an account with Freemans PLC. Who are they? I can only assume they mean Freemans Catalogue. Also if they purchased the debt in July 2006, as per their letter, How old is the actual debt? When and who took it out?

 

There is no reference numbers on the letter just the company name which makes me even more suspicious.

 

This is the first time we have ever heard of CapQuest and have never been contacted by Freemans PLC.

 

Well I assume that's because we do not have any debt with them, just a hunch, lol.

 

I would like to know how true the Statute Barred information is as if its correct the debt we do not owe is over 6yrs old anyway, but I'm still interested to know how they attribute the debt to us when it does not exist. Or maybe it does exist and has been done fraudulently?

 

has someone actually taken out a fraudulent debt in our name? We have lived here for 12 yrs and have never had a catalogue, or anything from a company called Freemans PLC. I Cannot think what else it could be.

 

I have a copy of both mine and my wife's credit file from June 2012 from experian and not anywhere does it show a credit file relating to Freemans PLC so I'm even more suspicious. How did Cap Quest get our name and address and relate it to a bad debt from Freemans which they purchased in July 2006? Which is not even on our credit file from experian? Very weird....

 

Please anyone reading this make sure before you take any action you check out the debt they claim you owe, as they are a well dodgy company from previous posts.

 

Anyone with any info that may help me or anything that can advise me on then please reply. But I'm pretty sure were safe and I'm in the frame of mind to just ignore the letter.. If that's a bad idea and there are any loop holes I could fall in to then please advise me.

 

thanks a lot...

 

Connectorblock.

[citizenB]

Yes, I would think in the first instance you should ignore the letter - meanwhile, keep a beady eye on your credit file just to ensure that nothing does crop up.

 

I suspect this is a phishing trip where they have spammed lots of people with a similar name in the hope of obtaining a reaction.

 

Your question regarding Statute barred debts. It is fairly safe to say that as they have acknowledged the date as being 2006, then they are well aware that the debt is very likely to be statute barred. However, apparently they are entitled to pursue these until such times as the "debtor" advises that it is statute barred and that they have no intention of contributing any more funds to the account.

 

It is an awkward situation to be in when you know dam fool well you are not the person they are seeking - what is the correct thing to do ? Why should you have to prove that you are not the person they are seeking and indeed the OFT advise that you do not have to. It is for the creditor/DCA to prove they have the right person !!

 

We see this quite often on CAG and even when people have provided irrefutable proof they are not the person the creditor wants.. it still takes for ever and a lot of stress before they back off.

[Connectorblock]

Thanks citizenB,

 

I have taken the stance that I'm not going to reply as I also believe its a phishing trip on their behalf. As you say they are well aware that the so called debt is statute barred?

 

But having said that, What is the Debt? It's not on my credit file so how does the debt exist? I never took it out nor did my wife, so are they just hoping I'll ring them up and just pay it out of fright.

 

One would think that being in our name at our address it would be on our credit file already, as if they purchased it in 2006 as a bad debt it must be an old debt, or one that just does not exist.

 

I'm wondering if either my name or my wife's name is out there on a mailing list or something like that...

 

I have heard of companies buying mailing lists and the like from companies and then they pursue you as they have your personal details.

 

Does anyone know how true it is about what citizenB says about statute barred being Apparently they are entitled to pursue these until such times as the "debtor" advises that it is statute barred and that they have no intention of contributing any more funds to the account.

 

I have never contributed funds to this account. perhaps if anyone knows the correct answer then I may have to write the standard letter on various websites already typed for this situation, just to keep them off our backs.

 

thanks....

[ims21]

Does anyone know how true it is about what citizenB says about statute barred being Apparently they are entitled to pursue these until such times as the "debtor" advises that it is statute barred and that they have no intention of contributing any more funds to the account.

 

CitizenB is correct.

 

Statute barring only prevents court action. It odes not mean the debt does not exist (unless you are in Scotland).

 

Creditors are quite within their rights to chase debts until such time as the debtor informs them of the SB status and that they will not be paying anything.

 

Then under the OFT guidance on debt collection, chasing activity must stop.

[Connectorblock]

thanks ims21,

 

I appreciate what your saying, It's only on paper that I'm the debtor? I don't know what the debt is and as its not on my credit file, i have no way of finding out. which makes me suspicious.

 

Perhaps if I call Freemans PLC and ask if they have ever had an account in our name before I contact Cap Quest, then I'll have a better idea if its fraudulent or just Cap Quest chancing their arm...

 

i formed the opinion that I was not going to reply, but in view of your comments it's probably best to reply with the standard letter in these circumstances that I can download. First I'll see what Freemans provide.

 

Having never dealt with this before, I find it unbelievable that these companies can obtain your name and address from data bases in the system and claim you owe money that you don't even know about. What happened to good pld data protection that these companies should abide by!!

 

I suppose there is also nothing stopping this spiralling out of control to the point where bailiffs are knocking at my door for a debt I don't even owe and never heard of. It's just complete madness, what's stopping them doing it all the time. I notice that on a lot of these forums relating to complaints about Capquest the value is more often than not under £500, I assume this keeps them under the radar and people are more likely to just pay it.

 

Thanks,

[citizenB]

It is unlikely a Bailiff would knock on the door, there would have to be a claim issued prior to then.. but yes, there is always the chance that it could spiral out of control to the point where a claim WAS issued - although at that point you would simply complete the claim form that it isn't and never has been your debt.

[ims21]

The question you asked was about statute barring and citizenB's statement hence the answer I gave.

 

If this is not your debt then start by sending the chaser the "Prove It" letter from the library.

 

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

[Connectorblock]

Ims21, Thanks for the advice, I seek out the library and the prove it letter.

 

CitizenB, please just confirm what you mean by a claim would have to be issued? Who is this done by? I assume its done after the so called debt collector, Cap Quest fails to resolve the issue? Also is this done after Bailiffs are instructed. Can you give me an idea of what happens in a hypothetical situation? Please appreciate my lack of knowledge on this subject as until today I was unaware of all of this.

 

As far as I'm concerned this debt does not exist. It's not mine/ours and I'd be interested to see any original agreement they have.

 

And yes on the claim form I'd write more than its not my debt....

[ims21]

The link I gave you above will take you direct to the "Prove It" letter template.

 

What citizenB means is that before bailiffs get involved, the creditor would have to sue you in court, win and for you not to pay.

[filrobbo]

Report them for fraud it's the only way to stop these companies acting like this the more people report them the oft might do something about them

[Connectorblock]

Thanks to all, any other advise/opinions from anyone would be great.

 

I'll send the Prove it letter provided by ims21 and see what Freemans can turn up in their archives? Will be interesting to find out.

 

I'll update the post with anything further that's relevant.

 

thanks again to all...

 

Laters.

[ims21]

You send the Prove It letter to CapQuest

[Connectorblock]

Hi everybody,

 

Just an update on whats happened.....

 

I have contacted Freemans Plc, which I believe to be Freemans Catalogue as per other threads I have read on this subject.

 

Freemans confirm that they have never had any accounts in our name and not at our address or at a previous address we had. We have only had 2 address's in 12 yrs. They even contacted their fraud departments to check their archives as we believe the debt to be over 6 yrs old and again confirmed that there was no record ever ever.....

 

Armed with this we contacted CapQuest and told them what we had found.

 

They claimed that the debt did exist and that it was from our previous address from August 2003. we moved to our new address in April 2001 so this was apparently taken out over 2 yrs after we moved out! I asked how they managed to trace us to this address and they claimed to use a tracing company on our name. So they are not even sure it is us in the first place.

 

I have written to them with the prove it letter as above and also asked how they have bought a debt that does not exist? They could provide me with no reference number or account number so we still have no idea who the debt is to.

 

In any case this is defiantly a weird style of obtaining debts from companies and an unfair way to trace people on their surnames.

 

The letter has been sent recorded delivery and we await their reply.

[filrobbo]

You need to report them to the OFT and there governing body CSA.