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Yet another Cap Quest plea for advice

edited 30 November -1 at 1:00AM in Debt-Free Wannabe
13 replies 1.7K views
Corn_DwellerCorn_Dweller Forumite
7 Posts
edited 30 November -1 at 1:00AM in Debt-Free Wannabe
Dear all,
Like many others, I’m having a problem with Cap Quest Debt Recovery. I found this forum through Google and it seems to be a great source of enlightement. I was wondering if anyone could shed some light on my current predicament?
Here’s the story so far:
1.On 9th Feb 2011 I received a phone call at home from CQ asking for my wife. The person would not give any details, just asked for my wife to contact them asap. I thought nothing of it as i had never heard of them before. I actually thought he said Cat Quest, my wife regularly gives money to animal welfare charities!
2.letter received from CQ on 10th Feb 2011 (dated 8th Feb) The letter stated that my wife had an outstanding balance due £275.95 on a Kays catalogue account. It turns out that my wife’s niece had opened this account using my wife’s name and Date of birth BUT HER OWN ADDRESS! Not the address we live at, or an address my wife has ever lived at.
Her niece confessed to opening this account when my wife phoned her in a rage.
I was at work when my wife opened the letter, and after she spoke to her niece she panicked. She phoned CQ and told them that the account had been opened by her niece and what could she do. The first thing CQ asked my wife was for her date of birth as confirmation that they were talking to the right person. Unfortunately my wife gave them this information!!!!!!
Now I am guessing that CQ found my wife through the electoral role or phone book or some such thing. The minute they got confirmation of my wife’s Date of birth from her they thought they had the debtor.
3. After reading information on here I sent a response to CQ recorded delivery on 11th Feb 2011
SEE BELOW:


Posted Recorded delivery: 11th February 2011
To whom it may concern:
Regarding letter from your company dated 8th February 2011.
REF: ********
I do not acknowledge ANY debt to your company as i believe that this is a case of identity fraud.
I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
3.A statement of account showing payments made which shows dates.
4.A statement or list which shows any additional fees/interest added to the account.
5.A copy of your company complaints procedure.
As you are aware, a credit agreement that is not properly documented and signed by the customer is unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Please take note at this stage that you are obliged to suspend any recovery attempts until you comply with my request. Also that any legal action you may contemplate will be both vigorously defended and contested.
Mrs **********


3.Received letter on 16th Feb from CQ, dated 14th Feb 2011
Dear Mrs ********
We thank you for your recent correspondence
Please find enclosed a copy of the notice of assignment for the above account and CQ complaint handling procedure
We have requested a copy of the agreement and statements from the originator. These will be forwarded to you as soon as we receive them.


3a. The notice of assignment letter (headed Shop Direct Finance Company Limited) was dated 29th Jan 2011 and was headed with the address of my wife’s niece, not our address...even though it had my wife's name on it.
They also included a copy of the CQ complaints procedure.
Just as an aside, we subsequently found out that her neice had opened three other accounts using my wifes name! These had not yet been handed over to CQ. My wife contacted Kays catalogue (Shop Direct) and settled these accounts over the phone. We asked Shop Direct Fraud protection dept to close these accounts and send us confirmation of this.My wife explained to them what her niece had done.
We received a letter from Shop Direct on 17th Feb 2011 confirming the account closures.
The letter from Shop Direct has a similar layout to the NOA sent to us by CQ (purporting to be from Shop Direct). The fonts were different and the Shop Direct phone numbers at the bottom of the CQ sent letter had been removed. This makes me suspicious. Is this a genuine letter or not?
4. On 25th Feb 2011 we received the below letter from CQ with a Shop Direct letterhead


Dear Mrs ********
We refer to your enquiry for a copy of your agreement with Shop Direct Finance Co Ltd, trading as Kays.
Your outstanding balance is currently £275.95. Our records show that during the past twelve months £20.25 has been paid.
Your account has been assigned to CQ. Notice of assignment will be given to you by letter. As such, any further communications and payments regarding your account must be addressed to Cap Quest, Fleet 27, blah, blah, blah.
If a third party is acting for you, please pass a copy of this letter to your representative.
D******* S*********
Debt Sales Team Manager.


Now the name on the Shop Direct letter above is actually the name of someone at Shop Direct.
I googled the name and got his LinkedIn account profile.
A copy of an alleged credit agreement also came with this letter:
This agreement has my wife’s first name spelt (typed) incorrectly in both places that it is typed. The address on the agreement is the address of my wife’s niece (an address that my wife has never lived at).
The email address is a yahoo account that I am guessing was set up by the niece.
At the bottom where is says "Signature of Customer" it has my wife’s name typed, not signed.
There is a box that says "Tick here to sign". There is a typed tick symbol here, but again no signature!
The footer contains the reference CCA128 wkly Run Online 1 sig v 1.0 16/01/2009

During the weekend, and tonight, we have received phone calls from CQ. I keep telling them that all dialog will be done via recorded letter, and that my wife is not prepared to discuss this over the phone, as we believe it is a case of ID fraud.
That is how it all stands at the moment. Can anyone please give advice as to what we should do next? Unfortunately my wife does not want to report her niece...I know! This is very stressful, and if push comes to shove my wife would rather we just pay the outstanding money and forget about it. I am not prepared to do that, unless the consensus on here is that it might be the best option.
Sorry for rehashing stuff that has probably been said many times before, but all suggestions would be greatly appreciated.
Thanks for your time.
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Replies

  • Sorry to be a pain, but can anyone advise me on what to do next?
    I know that we do not actually owe them anything. How do we proceed, seeing as this is a case of ID theft? What tactics should i expect from CQ next? Currently i am awaiting a full statement from them regarding this account. Will it arrive, and what do i do if it doesn't.

    Sorry about seeming impatient but my wife is really worried.

    Thanks.
  • I don't really understand why you have paid the other accounts your wife's neice opened but not this one - is there a reason ?

    Yopu seem to have had a copy of the assignment and a copy of the agreement (all they are obliged to send), as for statements etc you can apply for a Subject Access Request and get all the data including payments, amount borrowed etc but this all seems like a waste of your time bearing in mind your neice has already admitted she took it out.

    Your choices are to report her for fraud or pay the amount as requested - up to you.
  • Thanks for the reply.

    The other accounts that we paid were still active with Kays. They had not been handed over to CQ. I guess we felt confident that those problems would be guaranteed to be resolved if we sorted them out.

    Regarding the documentation: Does it matter that my wife did not sign it? Or that the address and her name have been typed wrongly?

    Sorry for the stupid questions, but i've never had to deal with anything like this before. I've no idea legally what rights CQ have to pursue my wife when they don't have any evidence of her opening this account!

    Thanks again
  • What evidence did you have that your wife opened the other accounts ? Same goes for this one too. The account being handled by Kays or CQ makes no real difference to your circumstances here.

    Of course they don't have your wife's signature - she didn't open the account - her neice did. What you need to decide is whether you report your neice for fraud to the police and then get the account written off on that basis or you pay up.

    They can't force your wife to pay - she hasn't incurred the debt but if you go down this route then you will be forced to report your neice for fraud. As mentioned previously its entirely up to you.
  • KingElvisKingElvis Forumite
    4.1K Posts
    I would get her a_ss reported for fraud and petty theft.

    You also have to consider that her actions will have TRASHED your wife's credit rating for six years +...happy days
    "We want the finest wines available to humanity, we want them here, and we want them now!"
  • KingElvis wrote: »
    You also have to consider that her actions will have TRASHED your wife's credit rating for six years +...happy days

    A very good point !! Although possibly not 6 years if no default or CCJ.
  • They can't force your wife to pay - she hasn't incurred the debt but if you go down this route then you will be forced to report your neice for fraud. As mentioned previously its entirely up to you.

    Trust me, i really want her reported for what she has done. My wife on the other hand does not want to pursue it. She would rather we just paid the debt.

    What would be the next move on this matter? All i seem to have is a dubious looking Notice of assignment from them and a copy of the alleged agreement (unsigned). Are there any other options available to me apart from paying up or reporting her neice?
    I really do not want to get into dialog with them. Legally what should i be putting in writing?
    BTW We checked my wifes credit rating on Experian at the weekend. Currently she is rated Excellent!

    Thanks.
  • Mum-2-BeMum-2-Be Forumite
    102 Posts
    Unfortunately its either pay the debt or conact the police so you can have it logged and have a crime reference number to give to the DCA.

    I had to do the same to my sister who thought fraud in my name was OK and has told me how selfish I am for reporting her to the police, but there are no other options in these type of situations.


  • Mum-2-Be wrote: »
    I had to do the same to my sister who thought fraud in my name was OK and has told me how selfish I am for reporting her to the police, but there are no other options in these type of situations.

    That sounds very familiar! Thanks for the reply. I fear that we are going to have to pay up. What worries me is if she has other stuff in my wifes name that we do not as yet know about. We have already said to her (via her mother as we do not want to ever speak to her again), that if anything else comes to light we are going straight to the police.
    I wonder, is it worth offering a lower amount to Cap Quest. Is there any merit in haggling with them?
  • Mum-2-BeMum-2-Be Forumite
    102 Posts
    That sounds very familiar! Thanks for the reply. I fear that we are going to have to pay up. What worries me is if she has other stuff in my wifes name that we do not as yet know about. We have already said to her (via her mother as we do not want to ever speak to her again), that if anything else comes to light we are going straight to the police.
    I wonder, is it worth offering a lower amount to Cap Quest. Is there any merit in haggling with them?

    you could ask for a final settlement amount which would be lower than the outstanding amount yes but dont expect them to be generous in their reduction, they still want as much money as possible out of you lol!


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