Capquest barclaycard debt

[boobyorange]

I was contacted by Capquest last year in writing to say that they have taken over a debt from Barclaycard for £2,700.

The account dates back to 1990.

I denied any knowledge, but they have now written to be again and claimed to have added the debt to my credit file.

 

Here are some facts

 

1. I moved from the address in 2000, divorced and moved overseas

 

2. I moved back to the UK in 2003 and my credit file only has my current address, with no previous addresses recorded.

I have no loans or credit agreements ongoing from the old address.

 

3. I believe that the card was not used beyond 2005 (by my ex partner)

 

4. My ex partner may have made some payment against the card using a debit card direct to Barclaycard on their online system in 2009,

but she cannot recall as she moved from that address also, but kept the card unbeknown to me (although it is in my name).

 

Capquest have traced a person matching my details (name, dob) to my address and attached the account to me.

 

I have denied any knowledge or liability.

I suspect that my ex partner had retained replacement cards after I had left,

as it was rarely used by me but clearly used by her and she probably tried to make payments to barclaycard direct

before moving away on her new life and forgetting the whole episode.

 

I have been advised, by someone trying to help, that the fact that I have the same details as that person who once lived at that address

more than ten years ago is no proof that it is me,

and that my electoral role, credit file does not have that previous address removes any link.

 

I thought that a year ago that they had gone away,

but am now concerned that they are back.

 

I am really now very concerned and confused and would appreciate any advice from this forum.

 

many thanks.

[dx100uk]

sounds like a phishing trip to me.

 

send crapest a CCA request.

 

they'll never be able to get the signed agreement from 1990

so that'll blow the whole thing out the water.

 

dx

[boobyorange]

Thanks dx100UK! What about the the comment that I must be the debtor because they have found me and I have the same name and DOB? Is this immaterial until I admit liability or the can provide proof?

[dx100uk]

yep

[boobyorange]

Help and advice again please.

 

Capquest came back to me advising that the debt was being passed for pre-litigation checks.

 

I have now, today, received a letter from H L Legal Solicitors stating that a land registry search at my current address

(not the address of the original card debt) shows I own the property and if they take legal action they will secure a charging order,

they have given me 7 days to pay or contact them (although they say crapquest) with a payment or an offer.

 

As I said before I lived at the old address more than ten years ago,

have never had a barclaycard and can only assume my ex partner took one out on my name

(it was a reason we separated - spend spend spend),

the card dates back to the 1990's,

and as far as I can gather not used beyon 2001/ maybe 2

- although a payment was made by debit card my someone (not me) in 2009.

 

Do I just ignore or send them another letter?

 

Many thanks.

[dx100uk]

did you send the cca ?

 

dx

[boobyorange]

Dx no I sent this...

 

I am wondering whether the latest is just an automated one from H L Legal now they now I live at my address and own the property and my letter below has not been read etc. It looks like there letter was sent Friday last, mine Monday last.

 

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that we have no knowledge of any such debt being owed to Barclaycard.

 

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

 

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

We look forward to your reply.

 

Yours faithfully