Help with Capquest/JDWilliams/PDCS [>>UPDATE<<]

BillD_2

Hi everybody!

So, having dealt with CapQuest on a previous occasion, some years ago, I knew this time to go in with a prepared mind. Notes were taken, et al. Some background on the progress so far, and then the point where I need a pointer or two.

30th of December, 2011, I recieved a letter from 'Past Due Credit Solutions, stating a Formal Demand for a debt of £** from their client, CapQuest(JD Williams)). I telephoned them the same day the letter arrived, but they were closed. I made a note to phone them after the new year.

3rd of Jan, 2012, I telephoned PDCS, gave them enough information to confirm who I was, refused to provide a phone number, and stated from the outset that I did not acknowledge this debt as being mine. I asked for further information on the debt. Apparantly, JD Williams is a catalogue provider, and the debt stems from an account closed on May 17th, 2007, registered in my name from a prior address. When I asked what the debt was for, they said they didn't know. I requested an invoice be sent to me. They said ok, and put the acct on hold for 28 days.

16th of Jan, I get another letter; "Notice of Impending Action". Obviously, I phoned them, went through the same shpeel as before, and asked what was occouring. They said it was a mistake that the letter was sent, and updated the acct with another 28 days hold. Still waiting on that invoice.

1st of Feb, still no invoice arrived. I phoned them again, was told by the first person that this was not possible, they wouldn't send one. Even though they had previously said they would - although this person claimed I'd never called before. Hm. Time for those magic words, "Please put your supervisor on." I spoke to a friendly fellow called Ian (Ext #243 if anyone is interested). He was dumbfounded that this prior member of staff told me this, said that was untrue, put in another request for an invoice to be sent to me, put another 28 days hold on the account, apologised for the previous person's stupidity, and gave me details such that I could contact him directly when the invoice arrived. Happy days, right.

Wrong.

16th of Feb (Today!), I just phoned them again. After being offered another settlement, and refusing it, saying I in no way acknoweledge this debt as being mine, I eventually got to speak to Ian again. He says the client has contacted them, said to offer me a 50% settlement, and if I'm not happy, to get in touch directly by letter. Apparantly they don't have an invoice. I said there's no way I'm paying a debt that isn't mine, moreover one that they can't prove exists, and without using the exact words, Ian agreed and said he'd take the same stance.

So here we are. Regarding the debt itself, no one can tell me what it's for. I don't have any recollection of owing to a catalogue, nor even having one at all. Around that time, my wife and I were getting divorced, so there's a chance she ordered in my name. In which case, it's fraud and will be dealt with as such. But herein lies my issue. How do I find out what is what here. If the debt is truly mine, I do not object to paying. But frankly, from what I've managed ti discover, JDWilliams do a lot of women's clothing. I'm weird, but just not weird enough to buy women's clothing. My ex wife? Well, that's a different story. But again, if it's her, I still ain't payin'.

So, do I write to them? If so, what angle do I need to take. Obviously, I'm not going to acknowledge the debt as being mine unless I have proof of what it's for. But how do I word this? Or do I just not contact them and let them do the leg work? In fewer words than this post: "Help, please."

In advance, thank you. I hope perhaps someone has some insight that can assist.

- Bill.

tinkfc

hi bill
i cant advise re capquest. but as to whom jd williams are. they are also the catalogue company who own premier man and jacamo who are menswear companies.
thought i would mention this incase you have had dealings with them.
hope your situation is resolved soon

his_missus

Is it poosible to ask the ex-wife if she opened an account with your details? JD Williams are behind lots of catalogues. Sorry I can't offer more advice

fermi

The skeleton of a "prove it" letter is in this link:

https://forums.moneysavingexpert.com/discussion/2607247

However, as you have quite a history on this you can probably expand on the complaint.

You may also want to now state that this is a formal complaint under the FOS procedures and that they have 8 weeks to issue a final response in writing.

So you may want to cherry pick part or whole of this.

http://forums.moneysavingexpert.com/showpost.php?p=45992721&postcount=3

BillD_2

Big thanks to all the replies thus far... To reference each in turn...

@tinkfc .. Ahh, I didn't know that. But still, nope, never ordered from either of them. The only cat I recall ordering from is one of those gift catalogues that require payment on purchase, not a credit-based one. And that was for some solar powered garden lights. £9.99. Think that one's safe.

@his missus .. Unfortunately not. She left under very unfriendly circumstances involving another partner on her side. Beyond that, last I knew, she wasn't in this country anymore, and I wouldn't know where to go looking.

@fermi: Thank you for the templates, I shall get on with forming a letter to them. Would you object awfully if I posted the letter content prior to sending, in case I miss something important?

fermi

That is fine, but maybe remove it once you have got an opinion. Some debt collection companies do search forums like this to try and gain an advantage and find out what advice their [STRIKE]victims[/STRIKE] customers are getting.

Not saying that would happen here, but caution does no harm.

BillD_2

Ah, a valid point. Would you object to my sending it to you directly for an opinion?

BillD_2

Alright... How is this? Some details changed, obviously.

* BlackHoleMonster was here

fermi

I think I would add in that this is now a formal complaint under the procedures set down by the Financial Ombudsman, that you require them to send you a copy of their complaints procedure, and to issue a "final response" that you can take to the ombudsman if the complaint is not resolved.

The thing is, if you take it to the FOS then the debt collector has to pay a £500 case fee for the ombudsman to look into it, which they never get back. Knowing that you might take it that far might encourage them to get their backsides in gear and sort it now.

BillD_2

Have they breached those procedures yet, though? Afterall, they haven't demanded any payment since I originally disputed the claim. They've only ever offered a settlement, or does that count?

fermi

Offering a settlement figure is a tacit demand for payment in my book.

Anyway, the complaint is not that. They have claimed you owe a debt, but have failed or refused to provide proof.

The ball is now in their court. They then have a time limit to put up or shut up.

That is the jist.