FAO: ness2020

CCCS_Matthew

I've posted this on behalf of Sarah as she's not currently in the office. I've had to set up a new thread for this as originally it was sent as a PM but ness2020 cannot accept incoming PM's!

ness2020 wrote:

Hi Sarah

Could you advise on the following for me.

Back in 2003 my mum cleared a capital one card she had, they sent her a letter also stating the account was cleared. She moved in 2004 and had her mail put on redirect for 12 months. However on saturday gone, she received a letter addressed to her new address from capquest debt recovery ltd. The letter say's she owes capital one £68.15, as you can imagine my mum was horrified. She contacted capquest and told them she did not owe any money to capital one. They told her she has to prove it, she no longer has the letter that they sent her she destroyed it last year during a clear out. They told her to send a £1 postal order to them so they can then get all of the information from capital one on her debt as they don't have all of it i.e statements. They said this debt could be interest that has occrued on the account if it had not been closed down.
They have also told her they have placed her account on hold for 7 day's to give her time to send the £1 postal order, however they have said that regardless of what happens after the days is up they will black list her. I can not believe this is happening. She only spoke with them on the phone yesterday and already they have rang her today demanding the money.
Please could you advise, your hepl would be much appreciated.
Kind regards
Vanessa

Hi Vanessa.

Capquest are incorrect in saying it's down to your Mum to prove she doesn't owe the money. In fact, it's Capquest's responsibility to prove that she does owe the money. They could be correct in saying that it was interest accrued, but normally Capital One would have approached your Mother for the balance a month after she'd cleared the initial balance.

It might be useful to send the postal order if they advise they can send her a statement, which should then illustrate where this balance has come from. Don't worry about a black list, there is no such thing. It's a scare tactic used to pressure people into paying debts back.

If they cannot provide proof of where this has come from, there is no need for her to accept liability for it, and therefore no need for her to pay it back.

Below I've pasted in a template letter you can use to go along with the postal order that you can use:

Regards, CCCS

Your name and address





To

Without Prejudice

Dear Sirs

Ref …………………………………….

With reference to the above account:

Please will you send me a true copy of the original signed agreement together with an up to date statement of the account showing all transactions, including interest and charges, and a copy of any other document referred to in the agreement.

I understand I am entitled to this information under ss77-79 of The Consumer Credit Act (CCA) 1974.

I also understand that this information should be sent to me within 12 working days of you receiving this letter. The CCA states that creditors are unable to enforce an agreement until this request is complied with.

I am enclosing the £1:00 fee, payable under the Consumer Credit Act 1974, for each account.


Yours faithfully