Capquest and HL Legal Solicitors

noneedtoprove

I've been taking advice upto this point from previous forums, and it's really helped. I need a little advice as to where I can go from here, as this is where I'm worried I'll make an error.

1) Capquest wrote to me at my new address (i previously lived with my mum in another town)- which is the property my girlfriend owns (I have no joint finance with her). They were speaking about Hfc Bank account owing £1285.11. I followed the forums advice and wrote the "prove it" letter to them, sent by recorded delivery.
2) Capquest responded asking ME to clarify whether I was the same Mr X who had lived at my mums address and to provide proof of signature. I followed the advice on the forums, and wrote to them again saying it was their responsibility to prove that I owed the debt and that I would be providing no further information.
3)Capquest ignored this, and wrote to me threatening bailifs etc (their standard letter by the sounds). I did not respond.
4) Today have had a letter of their "solicitors" HL Legal, saying the total is now £1430 and that they may start court proceedings without further notice.

This is my situation-

I took out a pc loan with PC World in 2007, I paid back a sizeable amount of the loan and then lost my job. I explained this to PC world and heard nothing. I did indeed default on the debt.

3 years later Capquest write to me. I have just finished university, am £1000 overdrawn, have no regular income as I take temporary work.

My girlfriend earns a high wage and owns the house, the cars (Everything is in her name), she financially supports both of us. She is also 7 months pregnant.

She is terrified that bailifs will arrive and take her property, or that people will arrive at the house whilst she is on maternity leave and intimidate her.

What steps should I take next? I haven't yet acknowledged the debt, capquest don't have proof that I am indeed Mr X of the previous address (or if they do they won't provide it).

Help?

bottleofred

Hi noneedtoprove,

As you currently have no assets there is no possibility that the bailiffs can come to your girlfriends house to remove the goods (unless she was named on the credit account and from what you've said she wasn't). It sounds like capquest don't have any proof that you owe the debt, but are trying to bully/intimidate you into paying. It may be too late for this suggestion, but dcas have been known to copy signatures from written confirmation you've provided them with, so if you have not done so already, always print your signature. Someone with more knowledge than me will be along soon, but for now I would resend the prove it letter. Capquest can say you owe £10000 by the time they've played with paper, but they need to be able to prove it.

Good luck in getting sorted

noneedtoprove

I did not apply my signature no, I'd heard they did this. I'll try and resend the letter again, and no luckily my girlfriend is named on none of the correspondence and the debt is nothing to do with her. Shes rightfully worried as the letters are threatening to take property from this house (I know from reading that this is Capquests standard letter). Thanks for reply, any other help would be appreciated.

bottleofred

Unfortunately,

Debt Collection Agencies bank on people not knowing the law and try to frighten them into payment etc. Be sure to resend the letter recorded delivery and keep a copy of it. As I said previously, someone with more knowledge than me will be along soon hopefully.

noneedtoprove

Any ideas anyone?

Fribourg

Just a second, please.

No bailiffs can come to your property, before that, they need a CCJ that hasn been paid for.....is this the case??? no, so no worries.

Second, they are trying to scare you, nothing more..... now... did you send the prove it letter recorded???

If yes, then wait, and do not talk to them on the phone, just keep it in writting, they have to prove this is your debt, at the moment, because you sent them the prove it letter, then the debt is in dispute, as far as I know, so you wait and see what they send to you, once you have it, scan the letter, and post it here, and we'll see what we can do about it. SO RELAX AND WAIT

handyman123_2

Hi Noneedtoprove, like the others have said just wait to see what happens after the prove it letter. When & if they reply post again. I had a run in with this DCA a while ago. This isn't a statute barred issue, you may be able to go on the unenforacable route. As Frieborg and Bottle say they would have to get a ccj against before the Bailiffs. This is going to cost them money, A judge wouldn't make you pay more than you could afford,
And if you have Nowt then you can't get blood out of a stone.

After the prove it, you can always ask for your CCA, they won't send that to you if they can't prove your identity as the would be in breach of the DPA.

Just my suggestion would be when you get on your feet financially make them an offer for a full and final settlement. By this time they will be happy to accept anything they can get over the approx 30% they bought your debt for.

Hope this helps.
Best regards, handy.