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Help - This is not our debt


neldog
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My younger brother recently recieved a couple of telephone calls and a letter from cap quest debt recovery saying he owed £794. However this debt was totally unknown to my brother and when he questioned where it came from from they said he bought something from dixons but my brother is certain this never happenend.

 

We have sent cap quest a letter questioning this debt and thy have put the account on hold for 28 days untill they gather the relevant details but we're not sure what to do?

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It is up to them to prove the debt not for you to prove that you don't owe it.

 

If you want to make it a bit more official than just questioning the debt, send them a CCA request.

 

Have a look through the templates here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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What letter did you send? This one below is pretty firm! They cannot enforce a debt they can't prove

 

(Your home address)

_________________

_________________

Date: ____________

To: ______________

__________________

Dear Sir/Madam

Account no:

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

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

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

I/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.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

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

I/we look forward to your reply.

Yours faithfully

(Your signature)

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