Capquest harrasment

fozzie117 · 18 September 2009 at 8:35PM

Hi, Im new to the forums but thought someone out there might be able to give me some advice but i'm also interest if anyone else has faced a similar problem. I'll apologise now for the length of this post!

A couple of months ago my father (who is in his 70's and I'll call Mr Smith for the purposes of this) started to receive letters from a company called Telogram asking him if he was the same Mr Smith who used to live at a different address about 10 miles away. They'd never heard of Telogram and assumed this was some sort of scam to get bank details/identity fraud so they ignored the letters. Then they started to get letters from a company HL Legal and again they ignored these assuming it all to be part of the same elaborate scam.

Eventually they start to receive letters from Capquest claiming my Father owed just short of £2k to capital bank. We'd never heard of Capquest but a quick Google later showed that this was not a scam but a genuine debt collection ageny!

I'll state now that my father owes no money to anyone. He has never dealt with Capital bank and is not the same 'Mr Smith' that used to live close by. He has lived at his current address for nearly 50 years!!

A letter was sent to Capquest to this effect but seems to have had no impact

My parents have now received over 10 letters chasing this debt. Each one gets more heavy handed making threats of court action and bailiffs. The most recent one has been the final straw. Its from a company called ScotCall and bascially threatens that unless the debt is paid within 7 days the account will be passed to a 'field representative' to arrange a doorstep call.

I'll reiterate that my parents are in their 70's....they now feel terrified to leave the house or answer the door in case a bailiff turns up!

what angers me about all of this is that this is a 'proper' company! It's actually not a scam! They can only have picked up a phone book...selected someone with the same name in a similar area and then started to aggresively chase an elderly couple for a debt that is not theirs. Its nothing short of harrasment.

I intend to call Capquest tomorrow to again try and stop these letters. I worry that they just won't listen. Can anyone shed any light as to what the best coarse of action is/what our legal rights are to help my call?

Many thanks

Tixy · 18 September 2009 at 9:03PM

Hi Fozzie

Well usually we advise not to speak to these people on the phone but to send a letter, although you have obviously already gone down this route - not sure what your letter said but here is a template we recommend - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

hettiecarro · 19 September 2009 at 2:03AM

Hi
Don't know too much about this, but my initial reaction would be for you to telephone them (if they will speak to you as you are not the person they say owes the money).
Ask what the nature of this debt is, and can you have a copy of the signed agreement.
Find out how old they say the debt is.

Please don't miscontrue this next question.
Before you put this into action are you ABSOLUTELY SURE your parents haven't had anything on credit?

My Mum was always prey to people offering to do her drive, windows, sell her special chirs etc etc etc. I had to keep a very close eye on her as she got older.

If everything else fails and you are certain of your facts - go to the CAB, or the office of fair trading.

If your facts are right this MUST be illegal - maybe return the threat of court action yourself.

Sorry I can't be more help.

Let us know how you get on.

Hettie

fermi · 19 September 2009 at 9:00AM

To Capquest and Scotcall:

(amend as needed)

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

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 The Loan Company.

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.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

We also notice the OFT have recently placed requirements on Mackenzie Hall Ltd. Specifically, that they and similar companies cease collection activity and enforcement while any debt remains queried or disputed. Should you ignore this requirement, a complaint with the OFT and other regulatory bodies will be raised.

Should you continue to demand payment or threaten legal action while this debt is in dispute I will report you to the OFT and Trading Standards.

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

Mrs A N Other

And follow through on the threats to report them if needed.

fozzie117 · 19 September 2009 at 3:42PM

Hi all, many thanks for the guidance. I've decided to use one of the useful templates and send them another letter first....they are better worded than the one my father sent. I want to avoid calling them if at all possible as I don't want them to get any phone number given how aggressive they have been so far. I am certain that my father does not owe any money....he's very old school when it comes to these things...and very careful with his money

Thanks all!!

RAS · 19 September 2009 at 3:51PM

Hi

Send fermi's letter; not least because it is bang up to date with the current legal situation regarding DCAs.

Send the leterr regsitered post so that you can prove when it was recieved by Crapquest.

Start to collect a file of all the threats your dad received and if he get any more post report them straight to the OFT, who will probably ask for copies of the letters.

Capquest harrasment

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