Capquest writing out of the blue

fermi

May be worth doing so. Pastdue are obviously useless.

If you are worried about cost then you can email.

http://www.capquest.co.uk/contact.html

fermi

At the same time make it clear that:

- you have never had an account or debt with Orange.
- that you expect them to cease collection activity, directly or by any other company
- that by recording a false entry on your credit reports for a debt that is not yours, they are in breach of the Data Protection Act. Recording false information in these circumstances may also constitute defamation.
- As such if it is not removed ASAP, then you will be referring the matter to the authorities and considering action for removal and compensation.
- You will be reporting the conduct of their agents pastdue to the OFT for refusal to investigate and provide evidence of a reasonably disputed debt. And that as CapQuest are responsible for the actions of their agents, you will also be making the complaint against Capquest.

Davo84

Hi,

I have sent a letter with all of the above, and slightly after 28 days I received this response:

Dear Mr

Firstly let us offer our apologies for any inconvenience caused to you/ It is always our aim and intention to resolve matters amicably and we can assure you that we have conducted a thorough investigation into your complaint.

Within your complaint you state you originally wrote to Past Due Credit and requested a copy of the agreement, default notice and deed of assignment. You state you received a response from them asking for a fee needed to provide these documents. You mention we have breached sections of the Office of Fair Trading guidance and state you will contact the Financial Ombudsman Service.

We purchased the Orange account on 23 September 2011 with an outstanding balance of £68.00. We were not aware of any dispute or issue with your account on assigmnent and were acting in good faith based on the information supplied to us.

Investigations into your comments reveal prior to your complaint we have not established contact with you. As no contact was made, the account was assigned to Past Due Credit Solution on 5 June 2013.

Contact has been made with Past Due Credit Solutions to confirm what actions were taken with your letter. They confirmed they requested the fee from you in line with their procedures. We confirm a change to these procedures has recently been sent to them and offer our apologies for any confusion this has caused.

When taking out a contract with Orange no Consumer Credit Act agreement is signed, instead you enter into a service agreement for a minimum of 12 months. If you require a copy of your service agreement you would be required to request this information directly from the shop where you obtained your contract, which in this case is Phones 4 U.

You would have been notified of the default by Orange within their monthly statements. When we purchased the account the default would have been removed by them and reinstated for the same amout by us. The provision of the deed of assignment is not applicable and we not obliged to provide this to you.

When reviewing the above we do not feel a mistake has been made. As the complaint relates to a telephony account the Financial Ombudsman Service would be unable to investigate your complaint, however if you remain unhappy with our final response you may refer your complaint to the Credit Services Association. Details of how they may be able to assist you can be found below:

Credit Services Association
2 Esh Plaza
Sir Bobby Robson Way
Gret Park
Newcastle upone Tyne
NE13 9BA

Should you wish to discuss this matter further please contact us on 03339997217

Am I wrong or essentially they said that they asked for money when they shouldn't, that they can't or are not obliged to provide any proof of the debt and that no mistake was made from them?
Also the contract I have taken with Orange was a monthly rolling contract, not a 12 months contract..... thoughts?

sourcrates

Absolutely sure there was no balance outstanding on the rolling contract ? maybe contacting orange would be beneficial ? I would go this route if I wanted to protect my credit score, however if it is already trashed, you could ignore them completely, as a debt of this small amount is unlikely to be pursued for very long, however you will have a default registered against you, talk to orange they will be able to confirm what the £68 is for and if its you that owes it or not !! good luck.

sourcrates

This is what the office of fair trading have to say :

What if the debt is not yours or you have paid your debt?
[FONT=Univers,Univers][FONT=Univers,Univers]If you don't think the debt is yours, you don't think you owe the amount being asked for or if you have already paid the debt, tell the debt collector immediately.
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[FONT=Univers,Univers]
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You don't have to give any documentation to the debt collector. They must provide information to you to prove you owe the money.
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Davo84

After spending a good 6 hours in Total i have finally found what happened from an Orange operator.

I had this rolling contract and asked to turn it to pay as you go, before going to Italy for a couple of months.

Apparently to complete the transition I should have received a new SIM card, but I never did and I was never told about that anyway. Therefore Orange decided to keep the contract going (and keep billing).

Now I am in this weird situation where the network with whom I should complain is not the one holding the debt...any idea what should I do? Should I deal with Capquest raising that the whole thing is based on a misbehaviour from Orange or should I complain with orange/Cisas ? I could pay the money, but I have an otherwise clean credit and would like to keep it that way!
Thoughts?