Debt for Another Person with Same Name

Pilks

Hi Everyone, I find myself needing help and advice from anyone with more experience in this situation.

I received a letter from a company calling themselves DVSL asking if i was the same person who had lived at an address about 8 miles from where i have just moved to. It was the same name as mine but I haven't lived at that address so I ignored this request.

Fifteen Days later I received a letter from capQuest demanding just under £50 for an 18 month contract on an internet dongle. The Reference number was the same as the one on the letter from DVSL so they appear to be the same company. The different names is therefore presumably so they can fish for info and then send a demand without needing to make sure they are 100% certain they are demanding money from the correct person. Also, the amount seemed a bit odd, I have never had one of these devices, never needed one, the contracts are much more than £50 for 18 months. It appears that someone has been paying the account but is £50 short. I have not had any money taken out of any account for one of these products with any company.

So I replied to them with the standard reply found on here.
You have contacted me regarding the account with the above reference number, which you claim is owed by a Mr xxxxxx. I would point out that I have no knowledge of any such debt being owed. I then put the usual I am familiar with the Office of Fair Trading Debt Collection Guidance etc etc

CapQuest replied back within 10 days asking, in order to assist them, if I could provide them with Proof of Residence on an specific date 3 years ago by way of Utility Bill or Bank Statment, Proof of identity e.g. my driving licenses or passport and confirm if i have ever lived at the address mentioned above.

I promptly replied with
You have contacted me for a third time regarding the account with the above reference number, which you claim is owed by a Mr xxxxxx. I reiterate that I have no knowledge of any such debt being owed.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to the liability of the debt in question. Any further demands/request for information or payment without proof of liability will be deemed as harassment and the appropriate authorities contacted

I await your written confirmation by the 23/Nov/2011 that this matter is now closed.

Any default you have registered on any credit files for non-payment of this account must be removed immediately and confirmation in writing that you have done so should be sent no later than the 23/Nov/2011. Failure to do so will result in further complaints to the trading standards department and OFT will be informed of your actions.

Compensation will be sought from yourselves for any lines of credit being refused as a result of this debt and your actions. Compensation will also be sought from yourselves for any further work carried out by either myself or a third party to clear any defaults from any credit files and to rectify any other adverse problems now or at any time in the future caused as direct result of your actions regarding this debt.

You should also ensure and confirm in writing by 23/Nov/2011 that the content of this letter applies and is adhered to should this debt be sold/assigned/transferred in any way whatsoever to any other company/individual or to any other association/individual of capQuest and that no contact or further contact be made to myself including, but not limited to, payment demands or request, information demands or request, or perceived threats to place or actually place credit file defaults by said companies/associates/individuals.

I ask that you do not use any other forms of communication other than written sent by post. Any other forms of communication will be ignored and be deemed as harassment and the appropriate authorities contacted.

Capquest Replied with
CapQuest Investmenst purchased the rights to title and interest of your account by way of assignment from Orange and instructed CapQuest Debt Recovery to act on their behalf. We were not aware of any dispute prior to the purchase of the account and were acting in good faith based on the information supplied to us. In your letter you have made a dispute, in order that we may assist you and investigate the matter further please provide us with the full details of the dispute.

Now I have provide them twice with full details of the dispute, that being i have no knowledge of the debt. I can't elaborate on that as i have no other knowledge. I am not sending them proof i have not lived at certain address or my passport or driving license, I believe that it is up to them to prove I owe the debt not for me to prove i don’t. They have not sent any proof despite me asking.

My question is what do I do next, I have put in threats to report them for harassment and to the OFT etc but im not really sure how to go about doing this. Are they in breach of any guidelines?

It is a lot of time and hassle for me when its a £50 debt for someone with the same name who happens to have lived some years back, down the road from where I have just moved to.

Many Thanks

BitterAndTwisted

What you have failed to do is tell them that you have never lived at the address their first letter mentioned. You don't appear to have told them that you are not the person they are looking for and just that you appear to share the same name. I expect they have found via the electoral roll and believe that you are one and the same person. Your correspondence gives the impression that you are the same person and that you are trying to avoid liability. You really should have answered the first letter truthfully instead of throwing it in the bin. Why don't you do that now?

Legolam

Hi Pilks,

It's up to you whether you want to help these clowns run their sordid little businesses, which seem to involve harassing people into helping them narrow down their search for a debtor.

The OFT seems to be on the case but it's slow and late in bringing these companies into line. Here is an extract from one of their lists of requirements served on a company called "Aktiv Kapital", who were recently chasing me for a debt that wasn't mine:

1. Aktiv Kapital (UK) Limited shall comply with those elements of current CSA Guidelines, as amended from time to time, and the DCG which deal with (1) tracing and (2) the sending of debt collection letters. Aktiv Kapital (UK) Limited shall only send debt collection letters after all reasonable steps have been taken to verify that the subject being pursued is in fact the debtor.

3. Aktiv Kapital (UK) Limited, where there is a dispute relating to the identity of the debtor, shall not oblige an individual to supply high-level ID (e.g. driving licenses, passports, full name, date of birth, signatures) to prove that they are not the debtor in question. A request for such information may be made where it is reasonable and proportionate to do so but where such a request is made it must be made clear to the individual at the time of the request that there is no obligation on them to prove that they are not the debtor.

So they should not be asking you to prove that the debt isn't yours and personally, I wouldn't help anyone who didn't ask nicely or didn't make it easy and free to reply. Not including a form, an SAE and using an 0844 number where you have to pay them to help them is just cheeky.

I have set up an e-petition to try to get the government to crack down on the practice of intimidating innocent people into giving out their personal details. You might want to sign it and get your friends to do so too. It might their their name that comes up next.

You can find the petition on the government website, it's number 22973.
Of course this will take a lot of time but I think something need to be do to put these people out of business. Good luck!

Pebbles04

I've come home two nights in a row to an automated message from DVSL saying to contact them. I looked them up on here and have read all the messages. I suspect this is down to the BT number I was given last year. This is the second number from BT I have had debt calls on because of people who had the number previously. I keep my numbers ex directory so they must have it on their records.

What happens if I just ignore them? I have no debt against my name.

sistafromanothermista

Personally (and i don't know what the correct MSE response is) i would ignore them. If it was nothing to do with me i would think it is up to them to prove it is rather than me to prove it isn't IYSWIM

catinthehat1

I would like some advice too - We received a letter from CapQuest addressed to a different person - same first name as my husband and different middle name and similar but different surname - for a Natwest account that my husband has never had! My husband contacted Capquest who asked if we lived in Salford (we have not) and they said they would take our details off their system! Also to ignore 2nd letter that was sent out! Today i missed a call from DVSL - thinking that it sounded like a delivery company I called, and they said did I know (name on letter) I said no - they asked if i had lived in Salford, no I replied and they said we have another address in Somerset, is that where you live, yes I replied and they said they would remove our details!!!
what should i do if anything???

prowla

I would write to them and say that you are not the person who lived at that address.

It's their job to chase people, so you may as well make it clear that they've got the wrong person.