Capquest chasing for someone elses debt, help. *Update*

welshguy84

Hello, I would greatly appreciate help with this.


Basically it started in November last year, my partner received a letter from a tracing team with just her first and last name asking if she had ever lived at an address in England, She has lived in Cardiff her whole life, so we wrote back to inform them this.


We then hada demand letter for £336 from Capquest for a debt they had acquired from shop direct financial services ltd in 2013, no other info just her first and last name.


We phoned and informed them of there mistake, but got the attitude of either a fraud has taken place, or we are lieing.


So I called the fraud line they advised me, and after a lengthy discussion decided I did not want to report it as fraud, but investigate why my partner is being linked to this person,


so I paid all 3 credit reference agency's to see her credit file, and there is zero mention of it, I also checked her bank statements going back 5 years and no sign there.


I wrote to them to let them know this, but again got a letter back asking for the fraud to be reported and to action fraud and the crime number to be sent along with ID to prove where she lived in 2013.


I would like to resolve this by proving its nothing to do with my partner, rather than reported a fraud has taken place, I know its more hassle than just doing what they want, but in my opinion no fraud has taken place.

fermi

Complain to CrapQuest saying that the debt is not hers, and was never hers, and as she has never lived in England this is not fraud either, but a mis-trace attributing a debt to her that was never hers in the first place.

Tell CrapQuest that unless they recognise that the debt was never hers , then you will be taking them to the FOS and reporting them to the FCA.

Also get in touch now with the FOS.

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

You may be able to take it to them now if you 1st complained more than 8 weeks ago, or if not the FOS will often agree to write on your behalf with the complaint. CrapQuest would be foolish to ignore that.

fermi

See also the points regarding FCA rules here:

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

And that regarding a FOS complaint in the follow up.

CONC 7.14.4
01/04/2014
FCA
Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.

sourcrates

welshguy84 wrote: »

Hello, I would greatly appreciate help with this.
Basically it started in November last year, my partner received a letter from a tracing team with just her first and last name asking if she had ever lived at an address in England, She has lived in Cardiff her whole life, so we wrote back to inform them this.
.

Never, ever, ever reply to requests like this.

They are searching for a "hit" and you gave them one.

They are not bothered who you are, you responded, so you become the target unfortunately.

Complain as per fermi`s post above.

welshguy84

Thank you! that's perfect, today they have phone and text her 7 times already, I will send them that template letter recorded delivery tomorrow, if I read all that correctly she has to in no way send them any proof of id or address?

sourcrates

welshguy84 wrote: »

Thank you! that's perfect, today they have phone and text her 7 times already, I will send them that template letter recorded delivery tomorrow, if I read all that correctly she has to in no way send them any proof of id or address?

Thats correct, also include the following sentence :

"please do not phone, or text me again, All future contact must be in writing only".

welshguy84

Update, Still need help, are they just taken the p*$$ now?


I sent the template letter linked above for a debt we know nothing of, there response today


"Thank you for your recent letter sent by recorded delivery.
we can comfirm that this account relates to a very catalogue account with shop direct financial services. the account was opened on December 16th 2013.


the last payment of £10.14 was paid on 14 jan 2014
the account defaulted on 5th august 2014 with a balance of £267.82
we have passed your request for a copy of the agreement to the relevant department and will send you this documentation once we receive it.


in your correspondence you have not advised as to the actual details of your dispute, therefore we are unable to ascertain whether this is a valid dispute reguarding the outstanding balance.


We have placed your account on hold until 02 may 2015, by which date we would appreciate an update of how you wish to proceed.


we look forward to hearing from you."


I get the impression that no matter what I send in reply they are not going to let this go?

fermi

Probably just need to escalate it, as it's obviously still being handed by the desk their biggest dumbarshes sit at.

As I said previously, contact the FOS and ask them to write to CrapQuest.

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

Follow up complaint template here:

http://forums.moneysavingexpert.com/showpost.php?p=57703407&postcount=3

Follow up with the FOS if required.

So far this is not on credit files, so they are really just an annoyance at the moment.

FireWyrm

welshguy84 wrote: »

I would like to resolve this by proving its nothing to do with my partner, rather than reported a fraud has taken place, I know its more hassle than just doing what they want, but in my opinion no fraud has taken place.

This is where you are going wrong. The onus of proof is on them, not you. It is for them to PROVE that the debt belongs to her, and until they do, they can Foxtrot Oscar. Proof shall consist of the agreement or some sort of identifying itemised bills showing the outstanding amount and payments made. Since they claim that the last payment was made recently, you can absolutely refute it and tell them that they have the wrong person entirely.

Write back, tell them that this debt is not known and to reply to your request for proof or close the case immediately. You will not tolerate further intrusion into your life and you now consider this to be harassment. You can do as Fermi says too for good measure. Then, ignore.

Marktheshark

Start an account of your own with them :
Inform them that with in line if county court litigant in person rates of £18 per hour or part of as you have informed them that you have no account with them, as you have no contract with them having never had a debt with who they claim to represent and having lived in a different country all your life you now place them on notice:
That any further correspondence will now incur the litigant in person rate of £18 per hour, you estimate it will take 2 hours to research and scribe a reply and obtain a certificate of postage for each reply.
Therefore for the private record of the parties by further contacting you with claims for random persons debts they agree to the rate of £18 per hour x 2 or £36 to service each demand with each reply .
If they do not agree, do not service the contract offer by writing back with any more speculative demands.
Cease harassment, understand you have the wrong person and leave us alone.

You now have the offer to contract at litigant in person rates, service of that contract will be deemed acceptance.

happy_bunny_2

Contact the FOS.

You should get some money for stress and your time.