Capquest demanding money after 3 years

michelle_stt

Hi everyone.
My first post here.

I took out a T-mobile contract in 2008. I got into financial difficulty and had trouble with paying the bill and it was passed onto a debt collection agency.
I owed just over £100. They asked me to make a payment of £70 and wavered the rest. Brilliant I thought. So I cancelled direct debits etc as they said it was all sorted now.

They said I would receive no more correspondence.

I didnt get any confirmation letter or anything and was glad it was all done with.

I made that payment in Nov 2008.
I stayed at that house until Feb 2010.

I then moved and have lived elsewhere since.
Out of the blue this morning I received a letter from the debt collection agency saying that I owe then £39.60!
3 years after it was all sorted!!!!

I rang them and they were very pushy and threatened further action if I do not pay. I asked about their complaints procedure and then he made me feel like I had no right to ask!

Any idea's on where I stand?
I've wrote a letter ready to send to them, but I've a feeling Im going to have to pay this even though I cant understand why it has been 3 years.

Any helpful advice would be brilliant.

thechippy

Send them this and see what the idiots come back with.....;)


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

michelle_stt

Thats brilliant.
Thank you!

FTW

Remember to provide no signature on the letter you send, and send the letter recorded delivery as well.

michelle_stt

Hi again everyone.

Just wanting to update.
I sent the letter (copied the wording of the kind person on here)
Sent recorded delivery.

Last month I received a letter saying they have had no response from me and that they are now taking further action.

Again I re-sent the letter, but I've not heard anything else.

Does anyone know what their next course of action would be?

[Deleted User]

send them a copy of the copy of proof of delievery you will have

taffy056

DCAs are scumbags, don't enter any further discussion with them, you have disputed the debt and they are now acting illegally, I would contact trading standards and the OFT as the first letter you sent them indicated.

michelle_stt

Another update.

My partner was offered a job this week and we made the plan to re-locate 80 miles away.
I paid a £150 non refundable admin fee for the credit checks for the house. I was rejected due to a default payment.

I ordered my credit report online and this default is because of Capquest!

That account was closed in 2008 and they put the default on in 2012!
How can they do this? I did not acknowledge the debt and I did not enter into a payment plan to default on payments!

nottoolate

mobile accounts can have default is you dont pay.

should be dated as 2008 if the debt is valid. not 2012.

dispute the debt again and tell cc that they are recording false information on your credit reprt. you want it removed or you will take action for defamation