Help! Capquest letter chasing £6,900 debt

needtowinthelottery

Right, so my husband has today received a letter from Capquest dated 9 October. It reads:

"Thank you for contacting us.

Please see below details of the above account :

Account opening date: 5 February 2003
Last payment date: 12 November 2009
Last payment amount: £200
Date of default: 9 July 2010

We can confirm that we have placed this account on hold until 7 November 2014 and would be grateful if you would contact us during this hold period to advise us of how you wish to proceed in respect of the above account .

We look forward to hearing from you.

Yours sincerely

(Printed signature that you can't read)

Customer Service Department"

There was nothing enclosed, so they haven't sent the proof that we requested. How should we play it next?

We appreciate any advice.

Thanks in advance

fatbelly

needtowinthelottery wrote: »

Anyway, my husband recalls having a Marbles Credit Card when he was much younger (opened over ten years ago) and said that he and his ex-girlfriend maxed it out during a period that he was out of work (he's self-employed, broke his leg, couldn't work and had no insurance policy so relied on credit cards/family to get him by until his leg mended and he could get back to work).

The date the debt started is recorded as 5.2.03 and the default date is 9.7.10. The default amount states the debt as over £1.5K lower - £5,319 (is this due to ongoing charges/interest perhaps?).

needtowinthelottery wrote: »

Account opening date: 5 February 2003
Last payment date: 12 November 2009
Last payment amount: £200
Date of default: 9 July 2010

So the only additional information you have as a result of the prove-it is the alleged last payment date (and amount)? Does it sound possible? Or is it something they have made up?

Was the old Marbles 16-digit reference given? Though it sounds like he would be unable to confirm if this was the correct account or not.

My initial thoughts are that you should say that you cannot identify the account from the information provided and you look forward to receiving a copy of the original signed credit agreement and statements showing how the balance they quote was arrived at (and showing that £200 payment in 2009!).

Remember 'I do not acknowledge any liability to your organisation nor to any organisation that you represent'

You could still refer this to FOS at the 8-week point.

needtowinthelottery

Hi fatbelly

I hope you're well. Thanks for your reply.

Yes, you're correct in summarising that the only new information gained from the letter is alleged last payment date and amount.

Yes, the 16 digit credit card number was written at the top of the letter (as it was on the two letters my husband received before).

In terms of your questions about whether we can confirm the details (payment date/amount or credit card number), the answer is no, unfortunately my husband doesn't have proof to confirm or deny any of this. He strongly believes that 2009 would be unlikely and he also said he doesn't recall ever making payments as high value as £200 but this is basically gut feeling rather than anything else. Rather frustrating but we are where we are...

What you've suggested is what I first thought when I read the letter - they haven't provided the proof that we requested to confirm that the debt does belong to my husband, so we should write again to ask them to provide this by the eight week deadline or it's complaints to the FOS and Trading Standards (as per the previous two letters!).

sourcrates

The usual response to a provit letter from a creditor is a statement of account, and sometimes even a credit agreement, agree with Fatbelly on your next move.

needtowinthelottery

Morning everyone!

Just a quick update to say that we sent a letter on 16 October by first class recorded delivery, which was signed for on 17 October.

The eight weeks are up on 3 November (Monday coming). No reply as yet...

Just to clarify, if we don't receive anything is our next move to lodge complaints with Trading Standards and the FCA (as we have said we would in our letters to C*apquest)?

Thanks in advance.

happy_bunny_2

Yep. The FOS are the next port of call.

fatbelly

You can contact your Trading Standards department. I'm not sure that would get you anywhere but you won't lose anything by talking.

I don't think the FCA take complaints like the old OFT used to.

FOS would be the correct place to refer to.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

fermi

fatbelly wrote: »

I don't think the FCA take complaints like the old OFT used to.

They do.

[EMAIL="consumer.queries@fca.org.uk"]consumer.queries@fca.org.uk[/EMAIL]

Like the OFT they don't take action on individual cases, but they do take note of complaints.

Like the OFT you will get a reply something like.

I have passed the information you have given on to the supervisory team within the FCA for their information, although I should explain that The FCA will not be able to confirm the progress of any investigation we may undertakealthough we may contact you for further information. This is because the Financial Services and Markets Act 2000 requires us to keep this information confidential. I understand this can be frustrating but please be assured that all information we receive is carefully considered.

fatbelly

fermi wrote: »

They do.

[EMAIL="consumer.queries@fca.org.uk"]consumer.queries@fca.org.uk[/EMAIL]

Like the OFT they don't take action on individual cases, but they do take note of complaints.

Like the OFT you will get a reply something like.

Hi Fermi

That's useful info.

I'd looked on their website and couldn't see any mention of contacting them with a complaint, just referring stuff to the FOS

However, if anyone is working for a DCA and wants to blow the whistle on unfair practices (fake last payment dates for statute barred debts perhaps) then I notice they have their own route into the FCA:

http://www.fca.org.uk/site-info/contact/whistleblowing



I'm moderately impressed by what I've seen so far of the FCA. You?

fermi

You certainly can report stuff to the FCA as a consumer or debt advisor. Would be nuts if you couldn't really wouldn't it? They've just chose to make it even more an unmentiuoned option than even the OFT ever did.

Had quite a few replies now, varying from a thanks to the info to we are actively investigating. For a few rogue unauthorised "credit" companies, I think it may even have contributed to their takedown.

Regards the FCA, yes, they have certainly grasped a few nettles so far that the OFT just outright ignored. Hope it continues.