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  • FIRST POST
    • jonas81
    • By jonas81 20th May 17, 2:41 PM
    • 18Posts
    • 1Thanks
    jonas81
    Capquest HELP!!!!
    • #1
    • 20th May 17, 2:41 PM
    Capquest HELP!!!! 20th May 17 at 2:41 PM
    Hi,
    I hope someone can offer some advice. Today my partner received two letters from capquest each with different account numbers, reference numbers and two different amounts, the company they claim to have baught the debt of we have never heard of and aside from this we have no debt. I know the next step is to send a 'prove it letter' but do I need to send two separate ones or can I refer to both supposed debts on one prove it letter?
    These people are absolute parasites, how they can just randomly pick innocent people with no debt to bully and harass is beyond me, why hasn't something been done about this!!!😡
Page 1
    • sourcrates
    • By sourcrates 20th May 17, 3:02 PM
    • 12,477 Posts
    • 11,867 Thanks
    sourcrates
    • #2
    • 20th May 17, 3:02 PM
    • #2
    • 20th May 17, 3:02 PM
    Yes send provit letter, you can reference both accounts at once.

    Could be some old accounts long forgotten about, or could be nothing to do with him.

    There response will no doubt tell you one way or the other.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • jonas81
    • By jonas81 20th May 17, 3:19 PM
    • 18 Posts
    • 1 Thanks
    jonas81
    • #3
    • 20th May 17, 3:19 PM
    • #3
    • 20th May 17, 3:19 PM
    Thank you for your help. I will update when I have a response. Thank you again.
    • Deadbeat
    • By Deadbeat 21st May 17, 9:27 PM
    • 127 Posts
    • 142 Thanks
    Deadbeat
    • #4
    • 21st May 17, 9:27 PM
    • #4
    • 21st May 17, 9:27 PM
    If they phone you, refuse to discuss it with them. Demand written correspondence only.
    • jonas81
    • By jonas81 26th May 17, 1:34 PM
    • 18 Posts
    • 1 Thanks
    jonas81
    • #5
    • 26th May 17, 1:34 PM
    • #5
    • 26th May 17, 1:34 PM
    Hi, I received the response today after sending the prove it letter. It reads as follows:

    "Thank you for contacting us,
    Please be advised that we have requested a copy of the agreement from the original creditor and we will send this to you as we receive it.

    In your correspondence you have not advised as to the actual details of your dispute, therefore we are unable to ascertain wether there is a valid dispute regarding your outstanding balance.

    If you have a valid dispute please provide the details in order that we may investigate this matter further with xxxxxxxxxxxx (original creditor)

    We have placed your account on hold until 22nd June 2017 please contact us during this period to confirm how you wish to proceed "

    For one I stated in the original prove it letter I had never heard of the original creditor so surely my dispute is that they have the wrong person.

    If this is a case of identity fraud and someone has opened an account in my name then how do I go about proving this? Can anyone please tell me what the next response should be please....
    • sourcrates
    • By sourcrates 26th May 17, 1:50 PM
    • 12,477 Posts
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    sourcrates
    • #6
    • 26th May 17, 1:50 PM
    • #6
    • 26th May 17, 1:50 PM
    Just wait and see what they come back to you with jonas.

    No point playing letter tennis with them until they either send you the copy agreement, or they dont.

    Once they have responded, you will have a clearer idea of what its all about.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Wookey
    • By Wookey 26th May 17, 2:10 PM
    • 804 Posts
    • 404 Thanks
    Wookey
    • #7
    • 26th May 17, 2:10 PM
    • #7
    • 26th May 17, 2:10 PM
    They could just be pulling your name of the electoral register as it's the same as someone else in the same town/city that you live in who they are chasing, either way wait and see and don't worry.
    Norn Iron Club member No 353
    • jonas81
    • By jonas81 26th May 17, 4:34 PM
    • 18 Posts
    • 1 Thanks
    jonas81
    • #8
    • 26th May 17, 4:34 PM
    • #8
    • 26th May 17, 4:34 PM
    What is the agreement they are sending and what proof does it contain? I'm assuming all it contains is a signature? Do I contact them if I haven't received it before the 22nd of June? Apologies for my ignorance I've never really had to deal with things like this before.
    • sourcrates
    • By sourcrates 26th May 17, 4:49 PM
    • 12,477 Posts
    • 11,867 Thanks
    sourcrates
    • #9
    • 26th May 17, 4:49 PM
    • #9
    • 26th May 17, 4:49 PM
    What is the agreement they are sending and what proof does it contain? I'm assuming all it contains is a signature? Do I contact them if I haven't received it before the 22nd of June? Apologies for my ignorance I've never really had to deal with things like this before.
    Originally posted by jonas81
    The agreement pertaining to the alleged debt they have contacted you about.

    It should tell you the original creditor, what the debt was for etc.

    As you dont seem to recognize the debt, wait and see what they send you.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • jonas81
    • By jonas81 27th May 17, 3:16 PM
    • 18 Posts
    • 1 Thanks
    jonas81
    Hi
    I did some research on the original creditor and realised they are a finance company for a well known catalogue. I had a catalogue of them years ago but never baught anything from there, then shortly after we moved house but I never informed them of a change of address if it is a fact that the new tennant in my old address has been ordering stuff under my name can I request a list of items that were ordered etc with dates of delivery on etc that could prove my case?
    • Wookey
    • By Wookey 30th May 17, 11:25 AM
    • 804 Posts
    • 404 Thanks
    Wookey
    Hi
    I did some research on the original creditor and realised they are a finance company for a well known catalogue. I had a catalogue of them years ago but never baught anything from there, then shortly after we moved house but I never informed them of a change of address if it is a fact that the new tennant in my old address has been ordering stuff under my name can I request a list of items that were ordered etc with dates of delivery on etc that could prove my case?
    Originally posted by jonas81
    If that is the case then that person has been committing fraud, at the very least you should be reporting this to the police, there is every chance that it goes a bit deeper when someone is doing that.
    Norn Iron Club member No 353
    • jonas81
    • By jonas81 17th Jun 17, 1:44 PM
    • 18 Posts
    • 1 Thanks
    jonas81
    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
    • By sourcrates 17th Jun 17, 2:14 PM
    • 12,477 Posts
    • 11,867 Thanks
    sourcrates
    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.
    Last edited by sourcrates; 17-06-2017 at 2:17 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • jonas81
    • By jonas81 17th Jun 17, 2:27 PM
    • 18 Posts
    • 1 Thanks
    jonas81
    Thank you do I give them the case number given by action fraud as proof of reporting?
    • sourcrates
    • By sourcrates 17th Jun 17, 2:32 PM
    • 12,477 Posts
    • 11,867 Thanks
    sourcrates
    Thank you do I give them the case number given by action fraud as proof of reporting?
    Originally posted by jonas81
    Every little helps.

    Be firm in your letter that you are not going to pay a debt you consider is not yours.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • jonas81
    • By jonas81 17th Jun 17, 3:36 PM
    • 18 Posts
    • 1 Thanks
    jonas81
    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
    • By sourcrates 17th Jun 17, 5:15 PM
    • 12,477 Posts
    • 11,867 Thanks
    sourcrates
    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.
    Originally posted by jonas81
    By all means, yes.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
  • National Debtline
    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


    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • jonas81
    • By jonas81 19th Jun 17, 8:52 PM
    • 18 Posts
    • 1 Thanks
    jonas81
    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
    • By sourcrates 19th Jun 17, 10:30 PM
    • 12,477 Posts
    • 11,867 Thanks
    sourcrates
    That's good, just amend FCA to FSA, it's the Financial services authority.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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