Crapest purchased husbands old CC debt

[TLCX]

Hi all

 

,I am handling this on behalf of my husband,

letter reads...Dear Mr X welcome to Capquest we have bought your account from LTSB blah blah blah.

 

Thging is we have been down this road a few times each company i have requested a CCA

and heard nothing they just dont seem to be going away,

now shall i send one to this lot?

 

Ive checked Noodle and there is nothing on it apart from our current car finance for about a grand

due to finish next January all in good order!

 

The last paragraph reads...

Capquest Investments Ltd is now the data controller of your personal information that is held for your account.

If you want to see the personal information that we hold about you please write to us sending us

£10 as the fee that we may charge under the data protection act.

 

You can correct anything that is wrong or missing.

 

I know this is the SAR fee but as i have said before the account is in dispute

and i certainly cant see him having made any payment within the last 6yrs or more..

 

.advice please x

[tc5712]

EXACTLY the same letter that I got TLCX.

 

Maybe a new tactic of theirs to just to extract a tenner from everyone? That would soon mount up if they've bought 1,000s of old alleged debts?

 

My credit file still says Llloyds...

[havinastella]

If it's not on your file it's probably Statue Barred.

 

When did you last acknowledge/make a payment towards the account?

[TLCX]

The last DCA letter of the same ilk was May 2012 Fredricksons,

chasing this alleged debt i really do think its statute barred,

 

i will send the cca request off but i cant remember if you make the £1 postal order out to them or blank?

 

Also do i send an account in dispute letter?

 

if so can someone point me in the template direction or is the cca request enough?

Many thanks x

[BRIGADIER2JCS]

Statute Barred = 6 clear years with no payments and/or no written acknowledgment of the debt.

If this is the case then send the following to Capquest.

 

The Compliance Manager

Capquest

 

 

Date:....................:

 

Ref: us the one on their letter:

 

Sir/ Madam,

 

I refer to a letter from Capquest dated xx.xx.xxxx., in which it is alleged I owe a debt for £xxxx.xx, please take note I do not acknowledge and debt to Capquest.

 

Having reviewed my credit history I have concluded that the alleged debt is statute barred, therefore I will not make any payment or offer of payment now or in the future.

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2006 up dated Nov. 2011 and the sections regarding the pursuit of statute barred debt.

 

Should Capquest dispute the status of the alleged debt I would remind it that the onus of providing UNEQUIVOCAL PROOF that the matter is not statute barred falls entirely upon Capquest, any allegations of one off payments being made to this account will be refuted.

 

I require Capquest to confirm the status of the alleged debt within 7 working days, and to cease processing all data relating to me and to remove it from its records.

 

Recorded/signed for post, check date delivered.

[TLCX]

Thanks will send that letter off, i have send cca's regarding the alleged debt to a few companies in the last few years and have never received anything back so i doubt they have relevant paperwork?

[TLCX]

Sorry to be a nusciance the letter i need to send can you clarify last line "Recorded/signed for post, check date delivered" that does not go on letter?

 

Lol i am rubbish at all this thank the lord for CAG x

[BRIGADIER2JCS]

Sorry to be a nusciance the letter i need to send can you clarify last line "Recorded/signed for post, check date delivered" that does not go on letter?

 

Lol i am rubbish at all this thank the lord for CAG x

 

Not a problem you should use Royal Mail recorded/signed for postage and check on line when they receive the letter.

[TLCX]

Hi there update.

..Letter arrived from Capquest Saturday saying,

 

Thank you for your recent letter.

We can confirm our records show a payment of £50.00 was made to this account on 29th December 2010.

 

We can confirm we have placed this account on hold for one month from the date of this letter.

 

We would be grateful if you would contact us within that period to confirm how you wish to proceed.

 

I cannot remember making any payment to anyone?

 

1st step i will do is contact our bank and ask them if any such payment has been made on this date?

 

Im sure ive been fighting off DCA's since 2008 looking at my posts on here starting with Fredricksons?

 

Any advice greatly received?

 

They have not sent proof of payment just stated it?

[TLCX]

Hi again

 

just sifting through the mountains of DCA letters since 2008

the latest bundle started on 25th July from Lloyds TSB themselves stating

they had sold debt to Capquest and also Debt Managers have been appointed by Capquest to manage the account,

 

"the alleged account that no one since 2008 have managed to extract anything from"

 

Shall i send another CCA request to the latest bunch of losers? this "alleged" debt

has mysteriously shrunk from originally being £7862.35 to £6412.35?

 

Are they just making the lot up?

 

There is nothing on any credit files regarding Lloyds TSB or anything?

 

This is mystifiying strange and weird?

[mr_mastiff]

TLCK,

 

Capquest record keeping leaves a lot to be desired.

 

Hold your ground and demand proof.

 

This statement sounds like the standard bluff o gram from this company.

 

Often they will say that for example that a refund of charges by the bank is a payment by you.

 

If you can get hold of your bank statements its a good investment.

[TLCX]

Cheers will do that hoping it is a bluff o gram as you say

[BRIGADIER2JCS]

You must Demand that Crapquest gives unequivocal proof of this payment, payment method, card,cheque,bank draft etc and all the details relating to that particular method of payment.

[TLCX]

Yes i will do,

1st port of call Halifax bank and ask them if any payment made?

 

which i doubt seeing as we have been fighting this since 2008,

 

very strange how Debt Management of Edinburgh are back in the picture

 

when i have a letter from them from way back saying they have washed their hands of it

and passed it back to Lloyds TSB,

 

not one DCA has managed to find a copy of the CCA! as requested.

 

I shall write back to Capquest when i have been to Halifax stating

i still have no proof from them about this alleged £50 payment from Dec 2010

[TLCX]

Hi all update time..

 

.went to Halifax got statement for all of December 2010 and guess what?

 

No payment to any DCA for £50 on the 29th as alleged! so sounds like a wild stab in the dark bluff o gram?

 

Question is what next, letter ideas/template much appreciated guys x

[dx100uk]

own thread created

 

pers I think it time you stopped letter tennis

 

if its not on his cra file

 

and all his old addresses show

then somethings amiss

or do as brig has said

 

demand they show you strict proof

of whom and where this 2010 payment was made.

 

dx

[TLCX]

All his previous addresses show along with ex wife association blah blah blah so a another round of letter tennis it is then yawn yawn, thanks for helping create thread i really am rubbish at this

[renegadeimp]

If the DCA is inventing payments, you MUST report it. Dont ignore it. This is a well known [problem] they pull and most times they get away with it. They even issue court claims based on this fictitious payment.

[TLCX]

Who do i report it to? the OFT? will send them a letter stating they need to prove unequivocally they have proof of firstly debt not being Statute Barred secondly they did receive payment, also i shall tell them i have all the relevant bank statements and i have all the credit files and there is nothing outstanding whatsoever? any other words anyone can think of will be greatly aqppreciated? someone could kindly draft me a response if they like, your templates always sound so professional

[renegadeimp]

OFT, FCA and FOS. Sit tight and i'll try and get brig to give you one of his awesome letters to fire off to crapquest.

[TLCX]

Excellent loving that! :happy:

[BRIGADIER2JCS]

Hi, Looking in as requested.

 

Let's try and settle this now!!

 

Private & Confidential

For The Personal Attention of:

The Compliance Director Capquest

 

 

Date:..................

 

Ref: use their:

 

Re: Final Response:

 

Sir/Madam,

 

I refer to a letter from Capquest dated xx.xx.xxxx, in regard to Capquests claim of an alleged payment made to this alleged debt.

 

Please take note I do NOT acknowledge any debt to Capquest and the alleged payment is disputed, therefore Capquests clam that this matter is NOT statute barred is totally refuted.

 

As Capquest must be aware the onus of providing UNEQUIVOCAL PROOF that the alleged debt is not statute barred falls entirely upon Capquest, mere vague claims of mysterious unproven payments are not such proof.

 

Unequivocal proof is:

1. The Method by which any alleged payment was made.

2.The Identity of the person making the payment.

3. If a cheque payment is alleged Capquest MUST provide the following:

(a). The name/account number/sort code of the paying bank.

(b). The name of the drawer.

4.If a credit/debit card payment is alleged Capquest MUST provide:

©.The 16 digit card number.

(d).The 4 digit expiry date on the card.

(e).The 3 digit security code on the card.

(f).The Type of Card Visa Debit/Debit, Visa/MasterCard Credit Card.

(g). The Full details of the card issuer.

(h). The card providers authorisation code for the alleged payment.

(5).Claims that any form of bank transfer/credit payment was made,

(i). Full details of the bank paying the transfer/credit, the exact detail

of the receiving bank, and full details of the beneficiary.

(6). Payment allegedly made by postal order.

(j). The name of the issuing PO, the name of the beneficiary.

(k). The number of the PO.

(l). The date the PO was cashed.

(7).Allegations that a CASH Payment was made WILL require proof of the following:

(m). The method of the cash payment via bank/post office etc.

(n).The Name/Address/ Sort Code of the bank through which any such alleged payment was made.

 

Please be aware if ANY item of the required proof is not provided the allegation of payment will be rejected.

 

It is not for me to prove that payment was NOT made as Capquest must be fully aware, however I will inform Capquest that I have unequivocal proof that I did NOT make any such payment.

 

This alleged debt is statute barred and I will not make any payment.

 

I suggest that Capquest now closes its file on this matter and confirms in writing that it has done so.

 

Capquest is also reminded of the OFT Guidance on Debt Collection and the section regarding the sale of statute barred debt without informing the purchaser of the status of the debt.

 

The CSA guidance also has a relevant section on this.

 

This is my Final Response.

 

As before send by recorded signed for post.

[TLCX]

Wow sounds like a great letter to me many many thanks x

[BRIGADIER2JCS]

Wow sounds like a great letter to me many many thanks x

 

Your welcome, keep me up to date please.

[tc5712]

The latest bundle started on 25th July from Lloyds TSB themselves stating

they had sold debt to Capquest and also Debt Managers have been appointed by Capquest to manage the account.

 

Sorry that I've cut the quote above down. Hope it's ok, in the same boat but have not got any similar letter from LTSB?