Capquest Debt Recovery - foisting others debts upon me!

mrdavidrussell

Hi folks
　
　
First post here, although i've lurked and benefitted from the advice many a time, so thanks in advance!
　
　
I received two letters in the post this Saturday out of the blue from Capquest, a company which appears to be (in)famous on here. It alleges they purchased "my" revolving loan - SSVC? debt from the Barclays partner finance family Clydesdale, (another well known name on Google). They allege I owe approx £1200 and use the usual threatening language regarding the use of legal action, whilst promising their negotiators will help clear my "indebtedness".
　
　
To let you understand I'm pretty canny with money and finance and I am crystal clear that this is not a debt I have incurred, so my first instinct was that someone has obtained credit in my name i.e. fraud. I think the same as many people probably do when they see a letter like this and began racking my brains for instances where something might not have been closed or cleared off properly, but I am 100% certain that I did not incur any debt. My wife reminded me however that a few years ago someone telephoned our house trying to get me to agree to pay a debt for someone with my name, although this person lived at the other end of the country or may have been in the armed forces (the details are hazy now). I gave them nothing and told them to do one basically, nothing more ever came of it.
　
　
Naturally, I began searching google to figure out what to do and MSE provided a lot of useful info. I have seen the various threads on here with lots of advice an template letters etc, but rather than follow the advice for someone else's case I though I'd post and get the best advice possible.
　
　
I am utterly incensed by this now and the initial shock of the letter has given way to a profound sense of anger that they are sending letters of this nature to people. What makes it even worse is that I know letters like this will be going out to hundreds of people every day. Regardless of the nature of the debt (i.e. whether you have incurred it or not) I cannot stand the thought of someone giving in to bullying tactics and feeling threatened by them.
　
　
So, I'd not only like get these financial parasites off my case, I also want to make sure that if they are operating outwith the confines of the law then they are reported and punished to the fullest extent possible.
　
　
I hope thats where you good people come in.
　
　
To date I have received the two letters (which can be scanned and posted if required) on 3rd July, dated 30th June. They will instruct solicitors to act on their behalf if I dont respond by the 14th July. I haven't called or made contact yet.
　
　
I have checked my credit file with Experian and all existing cards are either accounted for or marked as settled, and there is no mention of any bad debt or unrecognised loan. However, it appears Capquest were sniffing around my credit file in December 2009, six months before this little bombshell arrived on my doorstep.
　
　
I have been unable to check with Equifax as there is a problem with my details on their site - i'll progress this tomorrow.
　
　
From scouting the threads on here it appears there are a couple of courses of action - request a copy of the CCA, or send them a "prove it" letter quoting the OFT. My main query is that I am based in Scotland, and it appears there a different laws governing this type of thing. Obviously if I send them a snotogram inviting them to put up or shut up, I'd like to make sure I'm quoting the correct legislation and not making things any worse for myself by doing or saying the wrong thing.
　
　
I hope that someone out there will be able to point me in the right direction because I am completely disgusted with this whole episode and want to make sure that this shower never darken my door again.
　
　
Apologies for the length of this post and my rants, but these things really wind me up.
　
　
Thanks
　
　
D

magpiecottage

Go to this thread. Use my template letter there. There is a link to the OFT guidelines but paragraph 2.4a is the breach you are looking for.

If they do not respond to the complaint adequately, you can go to the Financial Ombudsman Service. Their adjudicators do not generally understand the rules but make it clear you are complaining about a breach of that specific paragraph in the guidance (and any others you think may apply).

Taking them to the Ombudsman will cost them £500 so they are likely to get the message.

PS Don't use your real name on this or any other forum.

mrdavidrussell

Hi,

thanks for the speedy response. I'll check it out and I've noted your point on the names thing

I'll let you know how I get on.

Thanks!

mrdavidrussell

Hi all,

I've dropped magpiecottage a PM but I dont think they've been back online so I wanted to check something. Magpie's post was very helpful and the issue appears a lot clearer to me now. When reading the OFT guidelines though I believe s2.8a/b is more relevant to my case than 2.4a i.e. they are trying to say the debt is mine with no proof and they are also incorrectly disclosing details of the debt to someone other than the owner of the debt. I'm not sure if 2.4a applies at all because my reading of the letter suggests they are threatening action on the back of court decisions, but not because a court has already said they can.

As I said though I'm a relative novice on this stuff so happy to stand corrected. Any info would be much appreciated - I'd like this little lot to land on their doorstep just in time for the weekend..

Thanks again

mrdavidrussell

ok, its going tomorrow. I think they have breached in a few areas currently and might do a few more depending or their actions or inactions. Thanks for your help in crafting it, primarily with thanks to Magpie for the template and advice / links.

CapQuest Debt Recovery
Fleet 27
Rye Close
Fleet
Hampshire
GU51 2QQ





Your ref abc123xyz

6th July 2010


Dear Sirs


Complaint

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY OTHER ORGANISATION OR COMPANY YOU CLAIM TO REPRESENT.

I ALSO DENY YOU AND / OR YOUR REPRESENTATIVES ACCESS TO MY PROPERTY.

I am writing in connection with your correspondence under the above reference and wish to complain that you have breached the following sections of "Debt collection guidance - Final guidance on unfair business practices" published by the Office of Fair Trading:



It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

2.2 b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge


Deceptive and/or unfair methods

2.8 a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.

2.8 b. disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address.




You have also breached the following section of “Credit Services Association Code of Practice “ of which CapQuest group is a member:

5. Trace Guidelines

Each member shall:
a) In all contact, be circumspect and act with full regard to the Data Protection principles.
b) Take all possible steps to verify that the person traced is in fact, the debtor.
c) Verify data relating to a debtors whereabouts via one or more of the following methods:
I. Public databases.
II. Sending soft letters.
III. Contacting other people.
IV. Investigative/Field enquiries.
d) Cease contact should it become apparent that the located person is not the debtor, and carry out further checks.

This has caused me considerable distress and I consider it appropriate that you compensate me for this.

In case you are unaware of the rules of that you are required to follow, I have been advised they are as follows:

On receipt of this complaint, which will be deemed to have occurred two working days after it was posted, you must promptly acknowledge it, in writing, and provide me with a written copy of your Complaints Procedure.

You must keep me updated with the progress of your investigation of my complaint.

Once the complaint has been investigated you must issue me with your final response, explaining your findings and including any proposal you may wish to make in order to put things right. Your final response must tell me if I may take my complaint to the Final Ombudsman Service and how long I have to do so. You must also provide me with a booklet published by the Financial Ombudsman Service about how it works, if you have not done so already.

If you are unable to provide me with a response within eight weeks, you will have to write to me to explain why, confirm that I can then ask the Financial Ombudsman Service to consider my complaint and provide me with a copy of its leaflet.

I formally request that you do not contact me by any means other than in writing to the address above.

I look forward to hearing your proposals.


Yours faithfully


<printed name>

mrdavidrussell

Hi,

Capquest have responded, thanking me for my correspondence (but not acknowledging my complaint) asking me to confirm if i've ever lived at a BFPO address. Its the same scenario as the one i mentioned in my first post i.e. another David has rung up the debt and skipped town. Do i need to confirm i haven't lived there or is the burden of proof on them? I do want to be rid of this hassle, but I want to make sure they get whats coming to them for the way they have behaved. Like I said they haven't acknowleged my complaint so if nothing else I want to hold them to the process.

Any advice would be appreciated.

Cheers

magpiecottage

If they have replied to your letter, then that is an acknowledgement - even if they have failed to provide a copy of their complaints procedure.

Para 2.8j of the OFT Guidance says that examples of unfair practice include: "requiring an individual to supply information to prove they are not the debtor in question" - so it seems not.

If you do take them to FOS then make sure that FOS is made aware that the OFT has declared that it is unreasonable to ask you to prove you are not the debtor - and also point out that you have already told them you are not.

Oh yes - if you do get a letter from their solicitor (which I suspect is unlikely) I would interpret that as an unsatisfactory response and go straight to FOS at that point.

RobertoMoir

It's up to a DCA to prove that the people they are harassing owe the debt, not for the people who are being harassed to prove a negative.

mrdavidrussell

Hi folks,

wee bit of an update. I've written to them twice more, once because they asked me to confirm or deny residence at an address, and another time because they kept phoning even after they had been asked not to. I've finally received acknowledgement of my complaint and a copy of their complaints handling process so they have at least logged it as a complaint now. They have written back again though saying they are unable to confirm if i lived at the address and asked if i can confirm or deny residence there. I've already pointed out to them that this is not how it should be done and highlighted the OFT guidance stating this. I think they've breached about 7 or 8 different parts of the legislation now

I guess I can write back to them and highlight my previous letter which pointed out i was not required to confirm or deny, but i'm wondering if i can go straight to FOS now because they have repeatedly asked me for this info which i'm under no obligation to supply. They did ask me not to go to FOS until i'd received their final response, but kind've getting tired of going in circles with these dolts

cheers

pepe2008

Straight to the FOS. You have done enough leg work for them.

...they aren't called Crapquest for nothing!

magpiecottage

Write the following to whoever is dealing with the complaint:

"Dear ......

Further to my letter dated ....., I would confirm that, notwithstanding the delay in your acknowledgement, I deem it to have been received on ......., which is two working days later (ignoring weekends and bank holidays). You therefore have eight weeks from that date to respond to me.

However, I would also remind you that the Financial Ombudsman Service is obliged, under the legislation which established it, to look at what is fair and reasonable in the circumstances.

The Office of FAIR Trading, has said, in its guidance on debt collection, it is UNFAIR for you to demand that I prove I am not who you say I am. Consequently, I do not see how the Financial Ombudsman Service would not be able to conclude that my complaint against you should be upheld.

Furthermore, the OFT has also said that it is UNFAIR to attempt to pursue a debt against somebody whilst it is in dispute.

Nevertheless you have failed to ensure your company desists its attempts recover the debt you allege whilst you investigate my complaint. I consider that behaviour to be UNFAIR, the more so because, contrary to my requests not to telephone me, you continue to do so.

I also think any REASONABLE person would expect attempts to enforce a debt that is disputed to be stayed whilst that dispute was investigated.

Therefore, take notice that I shall interpret ANY communication from you, by ANY means that attempts to recover the debt from me or in ANY WAY breaches the OFT guidance as a final response that demonstrates that you are not willing to uphold my complaint and, without further recourse to you.

I would also remind you that I expect financial compensation from you to compensate me for the considerable and wholly unjustified distress and inconvenience you continue to cause me".

Send that tomorrow, get proof of posting and the next contact from them, go to FOS.

Make sure you have records of all phone calls.

When you do go to FOS, they may ask you for previous addresses.

That is not unreasonable but say that you do not trust CapQuest if you tell them your previous address but you are willing to let FOS compare the address they hold with yours.

It doesn't really help CapQuest because if you were the debtor you would know the address they hold and lie about it anyway.

But hey if they want to spend £500 to confirm they are barking up the wrong tree then they really are barking!