Scotcall>Capquest>Lowell demands

[Deleted User]

sizle wrote: »

Failure to respond to this notice may result in further action been taken to recover the mines owed by you.

Note the highlighted word.

sizle

Thanks for you response Bob :beer:.

Can my mind be rest at ease that these guys wont be knocking at my door or sending me any court letters?

FireWyrm

sizle wrote: »

Thanks for you response Bob :beer:.

Can my mind be rest at ease that these guys wont be knocking at my door or sending me any court letters?

They can try for a court letter, but the court will require proof of your culpability, which they cant provide and have yet to provide.

I would send them a letter stating that you moved away from the address stated in 2010, you have no knowledge of this debt and do not accept it and you demand that they PROVE that you owe it. This is probably fraud, or they are trying to pin someone else's debt on you. Either way, fight it tooth and nail. Tell them you consider the matter closed and will entertain no further correspondence on the matter.

For the record, in future, explicitly close all credit agreements of this type. If you had done so by letter, you would have a trail of correspondence from yourself and back from them stating the account was clear and no money owed. I know hindsight is a wonderful thing, but in this case, a simple letter would have saved you all this hassle years later.

bobbys

I was contacted by Capquest last year in writing to say that they have taken over a debt from Barclaycard for £2,700. The account dates back to 1990. I denied any knowledge, but they have now written to be again and claimed to have added the debt to my credit file. Here are some facts

1. I moved from the address in 2000, divorced and moved overseas
2. I moved back to the UK in 2003 and my credit file only has my current address, with no previous addresses recorded. I have no loans or credit agreements ongoing from the old address.
3. I believe that the card was not used beyond 2005 (by my ex partner)
4. My ex partner may have made some payment against the card using a debit card direct to Barclaycard on their online system in 2009, but she cannot recall as she moved from that address also, but kept the card unbeknown to me (although it is in my name).

Capquest have traced a person matching my details (name, dob) to my address and attached the account to me. I have denied any knowledge or liability. I suspect that my ex partner had retained replacement cards after I had left, as it was rarely used by me but clearly used by her and she probably tried to make payments to barclaycard direct before moving away on her new life and forgetting the whole episode.


I have been advised, by someone trying to help, that the fact that I have the same details as that person who once lived at that address more than ten years ago is no proof that it is me, and that my electoral role, credit file does not have that previous address removes any link.

I thought that a year ago that they had gone away, but am now concerned that they are back. I am really now very concerned and confused and would appreciate any advice from this forum. many thanks.

FireWyrm

bobbys wrote: »

I was contacted by Capquest last year in writing to say that they have taken over a debt from Barclaycard for £2,700. The account dates back to 1990. I denied any knowledge, but they have now written to be again and claimed to have added the debt to my credit file. Here are some facts

1. I moved from the address in 2000, divorced and moved overseas
2. I moved back to the UK in 2003 and my credit file only has my current address, with no previous addresses recorded. I have no loans or credit agreements ongoing from the old address.
3. I believe that the card was not used beyond 2005 (by my ex partner)
4. My ex partner may have made some payment against the card using a debit card direct to Barclaycard on their online system in 2009, but she cannot recall as she moved from that address also, but kept the card unbeknown to me (although it is in my name).

Capquest have traced a person matching my details (name, dob) to my address and attached the account to me. I have denied any knowledge or liability. I suspect that my ex partner had retained replacement cards after I had left, as it was rarely used by me but clearly used by her and she probably tried to make payments to barclaycard direct before moving away on her new life and forgetting the whole episode.


I have been advised, by someone trying to help, that the fact that I have the same details as that person who once lived at that address more than ten years ago is no proof that it is me, and that my electoral role, credit file does not have that previous address removes any link.

I thought that a year ago that they had gone away, but am now concerned that they are back. I am really now very concerned and confused and would appreciate any advice from this forum. many thanks.

Hi and welcome

First, repost this as a new thread so it doesnt get confused with the original post.

Second and this is where it gets complicated, so hold tight.

1) Your debt (if it was yours) dates back to 1990. This means that if you have not acknowledged IN WRITING this debt, nor made a payment towards it within the last 6 years - it is statute barred. Nothing you can subsequently do will unbar it. End of. You can tell them to take a running jump on that basis and demand that the default is removed immediately unless they want you to report them to the OFT and FSA

2) There is a chance your girlfriend did the dirty deed...in which case, this is fraudulent behaviour and you demand that it is investigated.

3) They must provide PROOF of your culpability. I dont just mean a 'reconstituted agreement' but actual proof bearing your name, addresss, signature if applicable (pre 2007), statement of account showing how much was owing, what you paid (if anything) and the current outstanding balance. Anything less is pi$$ing in the wind and they can take a long walk off a short pier.

4) You need to write them a letter demanding that they remove the default until they can prove categorically that the debt is yours. Check your credit file for this default...just in case they are lying.

bobbys

Thank you for your response. I suspect that she did, but I am now married and to go down the route of accusing her would cause some issues

My concern is that in a a phone call last year when I did deny liability the guy on the phone said, we know it is you, we have traced you, it is your name in full and date of birth, so denying it will not help.

Should I write to them as you say or just ignore it, my gut tells me to write to them simply denying it.

P.s. I will try and figure out how to open a new thread too, thanks.

FireWyrm

bobbys wrote: »

Thank you for your response. I suspect that she did, but I am now married and to go down the route of accusing her would cause some issues

Then it will be tough to argue fraud if you wont press charges. If this isnt what you want to do, you cant use it as a defense...sorry.

So, did you or did you not acknowledge IN WRITING that you owe this debt or make a payment to it within the last 6 years? If the answer is, as I suspect, a negative, then it's statute barred for sure and they can go swivel. Dont be afraid to tell them so. Check that your credit file is clear, with all three agencies and then write them a semi-polite letter telling them that you have nothing to do with this, it's statute barred anyway, you will therefore not entertain further correspondence on the matter and you consider it closed.

bobbys wrote: »

My concern is that in a a phone call last year when I did deny liability the guy on the phone said, we know it is you, we have traced you, it is your name in full and date of birth, so denying it will not help.

I know you are running a brothel out of your back room because my great aunt Maud says you is, so you is...yeah...that doesnt fly either and it wont in a court which is where it matters. The burden of PROOF is on the accuser. They rely on the fact that people are ignorant of both the law and their rights and can be frightened into paying. They can do no such thing.

bobbys wrote: »

Should I write to them as you say or just ignore it, my gut tells me to write to them simply denying it.

Ignore or deny, it makes no difference, they wont listen to you until you actually show some teeth. Mention the words "official complaint" and "Office of Fair Trading" and they'll back off.

Remember, the burden of PROOF is on them. Their great aunt Maud and her crystal ball isnt proof.

bobbys

Appreciate the advice.

No I have not accepted any liability over the telephone or in writing, I never even accepted that I had lived at the original address.

I will take the advice and send them a polite letter denying all liability and hope that they go away!

happy_bunny_2

sizle wrote: »

Thanks for you responses bunny and Bob.

So am I right in saying the the CCA needs to be signed as it was taken out 15/7/2002 for it to be enforced?

Just had a threatening letter stating:

We regret to inform you that despite previous correspondence regarding your account we have not received a payment or a valid reason for non-payment.

Failure to respond to this notice may result in further action been taken to recover the mines owed by you.

We urge you to call one of our advisors to prevent action being taken, please call......

Should I email/write to them to tell them to leave me alone?

Not only signed but containing the correct prescribed terms. Rates, address etc.

As Bob says, may, might, reserve the right to, mesons we are not sure we can be bothered or have the tight to.

sizle

Thanks Bunny, Bob and FireWyrm for your replies.

I beginning to feel alittle more rest assured, but feel writing to them as FireWyrm has suggested; informing them that I had moved away from that address after Oct 2010 due to a house fire and have no knowlege of any debt and will not accept liability until they are able to prove I owe it with non-reconstituted CCA.

Or shall I just ignore them.

Your thoughts are much appreciated.