Capquest

briggs182

Long time viewer, first time poster. I received a letter from Capquest stating I owed a sum of money on an Egg card. I am certain that this debt is not mine as I have never had an Egg card, I have checked my credit file and no debt shows for Egg. I sent a prove-it letter based on templates from this site. I have now recieved a letter from them saying the account is on hold for 28 days while they get the required information. Are they allowed to change the time period as the template forums state that they have 12+2 days to reply otherwise they are breaking the law. Can someone advise if I should be worried about this or if it is just a fishing exercise from a dodgy debt collector?

Thanks

LilacPixie

what letter did you send them?? You say the 'prove it' letter but then mention the 12+2 limit inthe CCA request letter.

briggs182

[FONT=&quot]I do not acknowledge any debt to your company.

[/FONT][FONT=&quot]With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

This is what I sent to them, i was confused by the 12+2 days thing and picked this template of the forums.

Thanks

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fermi

If you believe this is not your debt, then it may have been best to start with this letter.

Then see what they come back with.

If the debt is yours, then with your letter they are not entitled to enforce the debt after the 12 days until they provide a valid agreement. It is a question of they being "entitled to enforce" rather than them "breaking the law".

briggs182

So I need to wait and see if they produce a copy of a credit agreeement? I don't see how they can do this as I haven't taken out an account with Egg.

I am also confused how I can have debt in my name that does not show on my credit file?

fermi

Sounds to me that they are chasing the wrong person.

Happens quite often with debt collectors. They are not very diligent in checking before they send out letters.:rolleyes:

If is not yours then they won't be able to find an agreement in your name.

briggs182

Ok thanks, puts my mind at ease a bit - will wait and see if they get back in contact.

HockeyDuo8083

I had similar one to you briggs182 last year. I got a letter to my parents house (have not lived there for 8 years) saying I had to pay a debt to them for an outstanding HBOS CC. i was furious. Never had an account with HBOS let alone run up a debt.
Wrote them the letter as above asking them to prove this is mine and gave the 21 days to reply.
Sent it recorded special delivery.
That was October 2008 and i have not heard a peep from Crapquest since.

Think how many peeps in UK may have the same name as you. What's stopping someone getting you name/address out the phone book and passing it onto Crapquest?? stand your ground, if they come back to you, get onto the CAB/Trading Standards or Consumer CC.