Capquest query

HJandR

I had posted this on the credit card board, but have had no response, and wondered if perhaps I might have more luck here.. hope somebody can help....

Several years ago I received a letter addressed to me in my maiden name at my previous address. The letter was from Capquest attempting to collect an outstanding debt in my maiden name and from a former address. I opened the letter, naturally, as it was my maiden name, although I had never been known in my maiden name at my then address. I panicked and spoke to capquest about the letter, they confirmed the details but also said that the date of birth they had against the debt did not agree with my date of birth. I discussed with them that this was not my debt; the debt originated 4 years after I left the address which it related to, it was 4 years after I married and stopped using my maiden name, I had never to my knowledge ever purchased anything from the company in question, and the date of birth did not agree - it was not my debt. I put all of this in writing to capquest.

I then spoke to a legal helpline as I was unsure of my rights, any further implications, possible identity theft etc... I got a very unhelpful lawyer who informed me that I should not have opened the letter - as this was no longer my name, and I should simply have returned it as not known at this address. She informed me that I should do this with any further correspondence - which I did with one letter. She also said I should correspond no further with capquest - this person they were trying to contact was not me and I had no obligations.

I then moved house, and so have no idea if any further letters arrived.

I took out a capital one card - for the identity theft protection and credit file checks etc. This highlighted the fact that capquest had registered the unpaid debt on my credit file. I understand that the only way to remove this is to deal with the agency that has placed the record on my file - but this goes against the legal advice I received - any thoughts on how I can remove this from my file ? I am very wary to contact capquest again as having read a number of these boards they appear to have a very poor record.

My file also seems to have links to the person who since bought my house (as we obviously both had/ have the same address) which states that she has been linked to identity theft - is this correct that such notes should be on my file - when we have no links other than she bought a house from me ?

I hope somebody can point me in the right direction, as so far I appear to be going around in circles and not getting anything resolved, and I feel perhaps just ignoring it is perhaps not the best option !!

Tixy

Hi

With regards to the financial links - you need to contact each of the 3 crdit agencies (experian/equifax and call credit) and tell then that you have never been financially linked to this person. Explain you never had any joint financial products and ask them to remove all reference to her from your file.

With regards to capquest if you want the unpaid debt and default removed from your file then you will have to contact them. I would suggest you only do this in writing and do not speak to them. I think I would send a letter stating that you have seen this entry on your credit file and that you have no knowledge of it and ask them to remove the entry.

The prove it letter might help a bit with some of the wording- although you will need to change it to fit the situation and mention the entry on credit file - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

If they then start to chase you for the debt then we will help you deal with it so come back on for some more advice if that happens.

Experian_company_representative

If you suspect identity fraud, you simply need to alert one of the three credit reference agencies and they will alert the other agencies for you so that all three can help you sort this out.

James Jones

HJandR

Thanks for the replies, I am unsure re the identity theft issue, when I originally spoke to capquest they indicated that the person they were persuing had a different date of birth - I suppose there is a very remote possibility that a person with the same name moved into the house in the years since I left ? but otherwise it does appear to be a possible identity theft issue (which ever way it is not me !)

I think I also forgot to mention originally that the debt was over 6 years old when they originally contacted me - and I understand there is some time limit which had expired at that point anyway (which I had not realised when they first spoke to me).

I suppose I am wondering whether I am likely to have any success in trying to resolve the issue with Capquest - given their reputation, or whether I am "flogging a dead horse" and may as well live with the note on my file until such time as it expires ? rather than open up a whole load of trouble with capquest with no possibility of resolution.

HJandR

Hi Tixy regarding the letter you suggested - Although I did send one letter to capquest stating the inconsistencies between myself and the debt, and stating this was not my debt. I have not opened any further correspondence from them (following solicitor advice and subsequent house move) so can I now go back to them in this way after such a time lag (3 years ago plus) ?

I would also want to state something about my credit file specifically and removing the item from the file - can I simply adapt the letter to request removal of this item from my file ? or do I need a different letter, as strictly speaking they have not persued me for the debt in the past 3 years, but have placed an entry on my credit file.

Tixy

This debt probably belonged to someone else with your name (maiden name) and obviously a different birthdate. My guess is that they stopped paying and went missing without giving the creditor a forwarding address. They then started hunting for the person and incorrectly came across your maiden name at your old address and incorrectly decided it was the person they were looking for.
When you contacted them they then probably decided to ignore all that you told them and attached this file to your credit report.

As to dates - on your credit file what dates does it show for the date?
what was the account opened date? how does this compare to when you moved house/stopped using maiden name. What about the default date given? how does this compare to when they wrote to you?

With regards to the 6years you are thinking of when a debt is statute barred. If someone doesn't pay towards a debt or acknowledges it in writing for 6years then assuming there is no CCJ taken out by the creditor the debt becomes statute barred. I don't think this is relevant in this instance as its not your debt but if the person whose debt it was took out an account 10years ago and then paid for 5years before moving away their debt would not become statute barred until 6years from the date of last payment so could be 11years from the original account opening.

Tixy

Sorry my last post was before I had seen your post #5.

I think I would adapt that letter. I know all of it isn't relevant but thought I would post it to give you a start with some of the wording - I would certainly specifically mention the credit file and that you want all references of this debt (which does not belong to you) removing from your credit files.

podperson

To be honest I would be very suspicious of identity theft. There is a debt from your old address, with the name you were under there and you say the person who moved into the house after you is flagged up as having links to identity theft - sounds very dodgy since they could have taken your name and details off old mail to the address but wouldn't know the correct date of birth. If you contact the credit reference agencies as suggested then they will look into it and hopefully the details will then be removed from your record.

HJandR

Hi Podperson, sorry, need to clarify ... there are 3 addresses, the first address is the one with the debt linked, I left there when married to move to second address, and then moved to my third address following which I note the comments on my file about the lady who bought the second house.. so no link between the identity theft note on file and the debt - as they are different addresses. Sorry that was not entirely clear from my original post - they were 2 unconnected observations on my credit file.

podperson

Fair enough Although if someone was chasing me for a debt in my name at my old address and I knew it wasn't me then I would be more likely to think identity fraud rather then someone with the same name as me had moved into my old house. But maybe I'm just a bit cynical (plus I have an unusual name, lol!)