Capquest - again!

callie85

Hi

I received a SD for an account I have no knowledge of, apparantly the account was taken out with Abbey back in 2003 and passed to Capquest in Oct 2007.

I have absolutely no knowledge of this account!!!

I have been to court with the paper work to get it set aside and my court date is 27th July.

Do I need to send any letters to Capquest? I have never written or spoken to them regarding this as said have no knowledge so perhaps someone with the same name??

I have checked my credit file today and there is nothing on there relating to Capquest or Abbey.

Has any one got any advice?

Thanks in advance

bottleofred

Hi Callie,

Send them the prove it letter below and wait to see what happens.

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

RAS

Hi

A debt this old may well not show up on your credit record - if it is 6 years or more since you paid to it or acknowledged it in writing.

Crapquest are probably breaking several OFT rules.

1. Chasing a debt without making sure the person concerned is actually the debtor
2. Chasing a debt they know to be SB.

MAke a formal complaint to Crapquest and CC the OFT.

Jesthar

Excellent advice above - just one thing to add, when you write to them, send it recorded delivery (so they can't claim to have never received it), and DON'T sign your name, just print it in capitals (so they can't get creative with your signature, blank account signup forms and photoshop - it has been known!)

~Jes

king100

Jesthar wrote: »

Excellent advice above - just one thing to add, when you write to them, send it recorded delivery (so they can't claim to have never received it), and DON'T sign your name, just print it in capitals (so they can't get creative with your signature, blank account signup forms and photoshop - it has been known!)

~Jes

Yup I keep forgetting to state PRINT NAME.

PRINT NAME NEVER SIGN.

callie85

Thank you to everyone.

Have had yet another letter from them, this one states as they have had no response from me they are going to serve the SD on me personally incurring more charges etc etc, I myself have received notification from the court so they should also have received it so what are they playing at!!??

fatbelly

callie85 wrote: »

Thank you to everyone.

Have had yet another letter from them, this one states as they have had no response from me they are going to serve the SD on me personally incurring more charges etc etc, I myself have received notification from the court so they should also have received it so what are they playing at!!??

Harassment

Let the court set this aside. Then you should think about taking action against THEM.

Sharks & Parasites - the sooner they get their credit license removed, the better.

I don't see the point of a prove-it letter here. They've chosen the SD route. Let them try to prove your liability to the court at the hearing on 27 July.

FTW

callie85 wrote: »

Thank you to everyone.

Have had yet another letter from them, this one states as they have had no response from me they are going to serve the SD on me personally incurring more charges etc etc, I myself have received notification from the court so they should also have received it so what are they playing at!!??

CQ are infamous for issuing frivolous SDs - in fact, they're probably the single most notorious company for doing this.

The advice you've been given is very sound. If the debt has gone 6 years unpaid, and you've made no written acknowledgment of debt, a court can't enforce it.

CQ know this perfectly well, and are trying to put the frighteners on you.

Their SD will very likely fall short of legal requirements also, for other reasons.

callie85

Hi guys,

Well the judge has set a hearing date so he must think I have some chance of proving it isnt mine. I have never had an account with Abbey but if someone has fraudently obtained one then I am gonna have a hard time proving this. I have checked my credit file absolutely nothing relating to Abbey on there. Unfortunately I had gone to court to fill in the papers before I found this site.

Are you sure I shouldnt send the letter? Have written look forward to meeting you on 27th to hear your ludicrous claim at the bottom just to wind them up. To be honest they have sent me at least 15 letters now each one more threatening than the previous one. I feel truly sorry for the people that have to deal with these idiots. Even now they are asking me to call to make payment arrangements yet not once have I written or called these people so they dont even know if I am receiving their letters nor have they sent any evidence to prove their claim!!

Fatbelly parasites is right!!!!