IVA and Capquest shenanigans

mennocat

Hi all,
Was in an IVA that was completed in 2012. Of late have been receiving calls from Capquest relating to a debt that I once had. Now this is where it gets a bit strange. Guy on the phone says I owe x amount of money. I ask him where and how. He says it is from an egg account. Gives me a reference number. I say ah that was covered by an IVA. I give him IVA details and he apologises and says that it is a new debt that they purchased. He says that he will record the IVA information and investigate (to make sure I am not lying I suppose). The next day I get another phone call from Capquest. You owe money on this account and gives me ref from yesterday. Go through the same story. Old IVA. Give him details. He says oh it must be a new debt purchase. He says he will hold the account for thirty days. I get curious at this stage. I dig out the reams of IVA statements and details. Lo and behold the very first annual statement (from 2007) shows a dividend payment went to Capquest stated the exact same ref number. They’ve had this account for over 8 years!!
My questions are: Are these guys lying? For what purpose?
If they are lying then surely they are in breach of the Law regarding IVA’s and debts?
If I can build a case can I pursue a claim against them for false representation (blatant lying), making false claims and for breaking the terms of an IVA? Just wondering what I can possibly do?

National_Debtline

Hi mennocat


My assumption would be that it's a matter of incompetence/maladministration more than anything, and that your best bet for addressing it is a formal complaint and escalation to the Financial Ombudsman (FOS). Based on your account it would be a fairly straightforward complaint for the Ombudsman to handle if Capquest don't deal with it to your satisfaction. It's worth remembering that the FOS is a free service, which is not necessarily the case if you choose to take legal action.


More information on complaints:


https://www.nationaldebtline.org/EW/factsheets/Pages/34%20EW%20Complaining%20about%20your%20lender/Default.aspx


Dennis
@natdebtline

Earlgravy

I'm in a similar situation, I completed a full and final IVA in 2010, out of the blue capquest have contacted me by text, when I called them they said they bought a debt from Santander and I owe them X000 pounds. I told them it was dealt with by IVA, they say I have to provide them with details to prove this. There seem to be similar threads springing up all over the internet from people in similar situations, surely these people are acting illegally? Do I have to provide them with any info?