Problems with CapQuest Debt Recovery Ltd

francisco_2 · 27 September 2008 at 7:44AM

thank you my friend for swift reply..its now mid afternoon in thailand and was'nt expecting a reply so quick.
i will inform my sister of your answer although i still balk at the idea of asking her to send something on my behalf but it must be done she's freaking out about it all allready as she scared of having her credit rating affected...i suppose the reason these people dont or won't have emails is that they will be inundated with irate people getting onto them.
once again thanks and good luck to all you having same problems..i admit i was guilty but thought i'd sorted it.

merlyn2003 · 5 January 2009 at 6:05PM

shinyhead wrote: »

You're dead right-if, as you say, this has been paid AND you can prove it then sit back and wait for them to take you to court.

It is unlikley that they will take it to court..
Insted they will list it as a bad debt on your credit record & let it sit for 6 years whilst sending you demand letters.

fingolfin44 · 12 February 2009 at 2:47PM

Hi I received a letter from Cap Quest informing me that they have taken over a Littlewoods Finance Co Ltd and that I have an outstanding debt account with them.

They want me to get in contact in order for me to arrange a suitable means of payment to clear this debt. If I don't respond they have threatened both further charges and legal action.

I have never heard of Littlewoods Finance Co Ltd and never dealt with them so I am conflicting this issue. I telephoned Cap quest and try to explain this point. The guy was very rude and did not listen. He demanded that I settle the account quickly before legal action was taken. He also started to ask for my personnel details over the phone such as DOB etc which then I told him I will not provide.

The cheek of it is he said that I lived in Oldham and the debt is from there. I never lived in Oldham or even been near to it. I am from Sheffield. You obviously they have me confused with somebody else or its a credit fraud issue.

Where do I stand on this issue, this is making me worry and upset. They ask for me to send them details of proof where I live and also for how long, which I will not send
They not given any details what the account is about, who took it out etc.

Please help and advise

Stu

10past6 · 12 February 2009 at 2:51PM

fingolfin44 wrote: »

Please help and advise

Send them the following letter by recorded delivery, the onus is on THEM to prove you're liable for the debt:

Your Details

Creditor / DCA Details

Dear Sir/Madam

Acc/Ref No XXXXXXXXXXXX

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

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

fingolfin44 · 12 February 2009 at 2:59PM

I never had an account with Littlewoods Finance Co. I never heard of them so why are Cap Quest sending me a letter demanding payment on an account.

I never lived in Oldham either this is a complete joke.

What letter is best to reply to them.

Regards

Stu

si-mon · 17 February 2009 at 10:07PM

Thanks for the notes in all of these posts relating to CapQuest and their claims of debts owed to Littlewoods.

I have spoken to CapQuest today (note I used their 01252 576 433 number I got from the saynoto0870 website which saves a lot of money on their premium rate number).

I have received a demand from them for a debt of £173 relating to ICG (Littlewoods Finance CO Ltd) - a debt which I knew was not mine as I have never had an account of any sort with Littlewoods. In the call, I have asked them where they have got this nonsense claim from and they have told me that it is for someone of my name and date of birth residing at an address in London which they have traced to me. My name is not uncommon (google etc will identify many hundreds with the same name as me) however, the representative could not shed any light on how they have made this 'traced' connection to me. It does seem from this thread that they have made a few claims against people for sharing the same name as somone else.

I was pretty annoyed and made that clear to them.

They have told me that they will send a letter of apology for their mistake, but that they (the representative on the phone) could not explain how the mis connection had occurred.

I am in the process of writing to them to demand they:

Explain how they have made the mistake and false connection along with the names and addresses of whoever has provided them with information which they have used to make their connection
Confirm to me the names and addresses of every organisation or individual to whom the false allegation about me has been made and their relationship with those organisations and individuals
Confirm to me that a written explanation of their error with an absolute and unreserved withdrawal of their false allegations has been sent to each of these individuals / organisations
Confirm to me all information which they hold about me in their databases

What I would like to know is if I have any means of forcing them to comply with the above, whether I can claim any kind of compensation against them (for my costs associated with dealing with them) and generally are there any sanctions which can be applied against them.

Cap Quest seems from the correspondence here to be a thoroughly unpleasant and unprofessional organisation and I am quite disgusted by their activity and behaviour. I suspect from the preceeding posts that I am not going to get a lot of joy from them without some effort, but I am determined that I will not let them simply ignore this.

si-mon · 17 February 2009 at 10:10PM

fingolfin44 wrote: »

I never had an account with Littlewoods Finance Co. I never heard of them so why are Cap Quest sending me a letter demanding payment on an account.

I never lived in Oldham either this is a complete joke.

What letter is best to reply to them.

Regards

Stu

Stu, see my post above, but it appears that Cap Quest have done the same to you as they have done to me - I am guessing randomly picking people (maybe even multiple people in the hope that someone just gets scared by them and pays them) to chase for spurious debts that they have bought.

I'd be interested to hear how you have got on and if you have been able to make any formal complaints about them to anyone?

Si

fingolfin44 · 18 February 2009 at 11:55AM

Hi Si,

Yes our cases semm very similiar, I had a letter from out of the blue from capquest they didn't provide any info about what this account was about or where it came from. They related it back to an address in Oldham and stated quite clearly that I been from there.

I been in contact with my local advise centre and a letter has been drafted to send to Capquest on the same lines as the first red letter posted here.

Alot of people have nasty dealing with the company. I believe that more people need to report their own issues with Capquest to places like BBC site Watch Dog.

I am also getting my credit history checked out I advise people to do the same.

lynneand1 · 24 February 2009 at 1:55PM

Hi

I have been getting demanding letters from Capquest and there legal department H L Legal/Sampson & Co so i am considering sending them the letter in post 2 of this thread asking for a copy of the CCA and deed of assignment but have a couple of questions first please!:-

1) Does the wording of the letter for the law etc apply on Scotland(where i live) or is it different sections of the law for here?

2) When it says i should allow them 12 + 2 i assume this means 12 + 2 days so 14 in total to reply when i ammend with my own dates do i put the date as 14 days from the date i post the letter or is it 14 working days ie Mon-Fri? And when i quote the date of the letters they have been sending will i use the most recent letter as my starting point or the oldest one i have?( i have binned 98% of there previous letters)

3) The most recent letter i have from them is saying they will be passing my account to there solicitors on/around 26/2/09, and they have also gave me a huge story about sending Baillifs and getting me to sign a walking possesion agreement etc.. There threats do not scare me but does this process even exsist in Scotland? If someone appears at my door do i by law have to allow them access?

I have recently made agreements with Lowell financial etc to clear other old debts as i am fed up hiding and am now trying to clear my debts 1 at a time starting with the smallest, but due to other agreements i can't spare alot once./if i get a copy of the CCA for this debt, i am only able to offer them £5 a week! Can they refuse this? If so what can i do then as that is all i can honestly afford and this debt is now years old so i have lots of other things i pay of my weekly benefits!( i am signed off work long term just now)
Thanks in advance for any help and advice!

Lynne x

RAS · 24 February 2009 at 2:11PM

Just posting a couple of links - will reply later.

lynneand1 wrote: »

Hi

I have been getting demanding letters from Capquest and there legal department H L Legal/Sampson & Co so i am considering sending them the letter in post 2 of this thread asking for a copy of the CCA and deed of assignment but have a couple of questions first please!:-

1) Does the wording of the letter for the law etc apply on Scotland(where i live) or is it different sections of the law for here?)

For Scottish law have a look here as it is quite different. http://www.nationaldebtline.co.uk/scotland/

lynneand1 wrote: »

2) When it says i should allow them 12 + 2 i assume this means 12 + 2 days so 14 in total to reply when i ammend with my own dates do i put the date as 14 days from the date i post the letter or is it 14 working days ie Mon-Fri? And when i quote the date of the letters they have been sending will i use the most recent letter as my starting point or the oldest one i have?( i have binned 98% of there previous letters)

I ma not sure this is the right letter until we sort out a few other bits.

lynneand1 wrote: »

3) The most recent letter i have from them is saying they will be passing my account to there solicitors on/around 26/2/09, and they have also gave me a huge story about sending Baillifs and getting me to sign a walking possesion agreement etc.. There threats do not scare me but does this process even exsist in Scotland? If someone appears at my door do i by law have to allow them access?

Firstly, you will find that ist says the case will be considered by their solicitors and MAY lead to a, b and c. All of which are technically possible under E&W law but a long way down the line and very unlikely. IF these are not options in Scottish law you need to complain to the OFT as it is against the rules to threaten people with consequences from the wrong legal system.

The actual document is too long, so I will post the link:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

lynneand1 wrote: »

I have recently made agreements with Lowell financial etc to clear other old debts as i am fed up hiding and am now trying to clear my debts 1 at a time starting with the smallest, but due to other agreements i can't spare alot once./if i get a copy of the CCA for this debt, i am only able to offer them £5 a week! Can they refuse this? If so what can i do then as that is all i can honestly afford and this debt is now years old so i have lots of other things i pay of my weekly benefits!( i am signed off work long term just now)

All this worries me as Lowlife and crapquest both specialise in buying old and unenforceable debts.

How long was the period when you were not paying these debts?

Problems with CapQuest Debt Recovery Ltd

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