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Cap Quest asking for info on debt thats not mine
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Norfolk_Jim
Posts: 1,301 Forumite
Hi, Can anyone please tell me if this somewhat old info is still valid in terms of a prove it letter? https://forums.moneysavingexpert.com/discussion/2607247
Cap quest have sent my wife a demand for payment in regard to some goods purchased from a catalogue years ago (6+) by someone who stole her ID back then.
I phoned them and told them that she never lived there and never had an account with that firm. They quoted me the address and email used to order the goods which was not hers (But is the details of her sister who lives in Yarmouth). It was her who stole her identity before.
Today, wife has a letter asking for copies of documents to prove her identity and demanding that we contact Action fraud, make a complaint and provide them with a crime reference number.
I'm not sure I want to do that because, 1- its over 6 years ago and 2 - Its not my wife who has been defrauded but the catalogue so why has she got to prove anything? We've lived over 20 miles away from that address for the last 6+ years and been on the electoral role all that time.
My wife has mental health problems and is freaking out over this. I've told Capquest to please deal with me only as it distresses her. This debt is most definitely not hers.
SO - Should I do what Capquest ask or should I send them the Prove It Letter? Any advice please
Cap quest have sent my wife a demand for payment in regard to some goods purchased from a catalogue years ago (6+) by someone who stole her ID back then.
I phoned them and told them that she never lived there and never had an account with that firm. They quoted me the address and email used to order the goods which was not hers (But is the details of her sister who lives in Yarmouth). It was her who stole her identity before.
Today, wife has a letter asking for copies of documents to prove her identity and demanding that we contact Action fraud, make a complaint and provide them with a crime reference number.
I'm not sure I want to do that because, 1- its over 6 years ago and 2 - Its not my wife who has been defrauded but the catalogue so why has she got to prove anything? We've lived over 20 miles away from that address for the last 6+ years and been on the electoral role all that time.
My wife has mental health problems and is freaking out over this. I've told Capquest to please deal with me only as it distresses her. This debt is most definitely not hers.
SO - Should I do what Capquest ask or should I send them the Prove It Letter? Any advice please
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Comments
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Hi,
You can tackle this one of two ways, as it's been 6 years plus without payment, then the debt should be statute barred (Limitations act 1980).
The only problem may be if the person who committed the fraud has paid anything towards it.
You should send them the statute barred letter, and see how it plays out.
Info here :
https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx
Your wife is not required to prove anything, the creditor must provide proof it isn't SB, if they can't, then they can't make her pay it.
The other route is via action fraud, but I think you should adopt option one.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
If it's a toss-up between a prove-it and a statute barred letter, there is a hybrid letter that covers both angles.
It's post #5 on this thread
https://forums.moneysavingexpert.com/discussion/26068110 -
Do I Have to file a report on Action Fraud and get a crime number like they are asking?0
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Norfolk_Jim wrote: »Do I Have to file a report on Action Fraud and get a crime number like they are asking?
No - you don't have to do anything0 -
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