Capquest HELP!!!!

jonas81 · 17 June 2017 at 1:44PM

Hi, new update.
We have received the credit agreement
1. Where it says signature it is in type font and not a signature
2. The agreement is dated 2 months after we left the address on the agreement.
I have been speaking to the police and they told me to wait to see what the agreement says so I will be contacting them and action fraud now , but now how should I respond to capquest
Thank you all for your help. Stuff like this is worrying when you have know knowledge of it.

sourcrates · 17 June 2017 at 2:14PM

The agreement you have received will be a re-constituted version, which is perfectly acceptable.

Tell Capquest (in writing) that the account in question does not belong to you, its a case of fraud.
You have reported this to the police and action fraud and you will not be making any payments towards this account.

If they were dumb enough to take you to court, you have a defense here to any claim.

jonas81 · 17 June 2017 at 2:27PM

Thank you do I give them the case number given by action fraud as proof of reporting?

sourcrates · 17 June 2017 at 2:32PM

jonas81 wrote: »

Thank you do I give them the case number given by action fraud as proof of reporting?

Every little helps.

Be firm in your letter that you are not going to pay a debt you consider is not yours.

jonas81 · 17 June 2017 at 3:36PM

Ok thanks. Would it be ok if I put the response up on here first and you have a proof read to see if I'm on the right path? It will be Monday as action fraud isn't open until Monday.

sourcrates · 17 June 2017 at 5:15PM

jonas81 wrote: »

Ok thanks. Would it be ok if I put the response up on here first and you have a proof read to see if I'm on the right path? It will be Monday as action fraud isn't open until Monday.

By all means, yes.

National_Debtline · 19 June 2017 at 10:54AM

Hi Jonas81

Action Fraud will provide a crime reference number if it is appropriate. That will need to be given to Capquest and they should investigate your claim that the debt is fraudulent.

It is a good idea to contact one of the credit reference agencies to tell them you believe you have been a victim of fraud. They will send you a copy of your credit report so you can check if any other credit agreements may have been taken out fraudulently. They will work with you to help restore your credit report to how it was before the fraud took place and they will contact the other credit reference agencies (there are 3) to inform them what has happened.

You may wish to register with CIFAS, the UK’s fraud prevention service. For a fee a fraud warning can be marked against your address making it harder for further credit to be obtained without extra security checks. You can visit their website here www.cifas.org.uk.

Susie
@natdebtline

jonas81 · 19 June 2017 at 8:52PM

Hi all, how does this sound? please be honest as I am new to this.....

Dear Sir/Madam
Account No xxxxxxxxxxxxxxxxxxxxx
Thank you for your letters dated xxxxxx and the copy`s of the credit agreements signed (type font not a signature) dated xxxxxx. We had in fact left the property named on the credit agreement (xxxxxx) two months prior to this agreement being signed. This is a case of identity fraud, I have reported the matter to Action Fraud my reference number given to me by them is xxxxxxxxxxxxx, i am under the understanding from them, that the matter may now be under the investigation of West Midlands Police. I have evidence that we were no longer living at this address with no access to the property at the time of the agreement in the form of Bank statements, personal witness statements, Direct debit instructions and signed tenant agreements to our new address, I will be happy to produce these in a court if required.
I will now make this very clear we WILL NOT be making any payments to this alleged debt as we believe it to be fraudulent. Also can i remind you of a few points stated in my first letter to yourselves from the Consumer Credit Sourcebook of the Financial Conduct Authority:

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4

"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5

"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner; or
(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6

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.
In addition, if any default, adverse information, or account details have been reported to the Credit Reference Agencies regarding this account, I require you to remove any such information forthwith.

Recording false and inaccurate information on Credit Reference Files is a breach of the Data protection Act 1998, and may also constitute an act of defamation on your part.
I 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 FCA of your actions.

If appropriate I will also take this matter forward as a complaint to the Financial Ombudsman Service and Information Commissioner's Office.

I look forward to hearing from you.

Yours faithfully

sourcrates · 19 June 2017 at 10:30PM

That's good, just amend FCA to FSA, it's the Financial services authority.

jonas81 · 19 June 2017 at 11:08PM

Should I add the name of the landlord to help them trace?

Capquest HELP!!!!

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