Request for Payment of Unknown Debt

BROWNJL99

Hello,

My Wife received a letter for an unknown debt a few months ago, we ignored it as we just thought it was a mistake. We have just received another today. It is from Dryden on behave of Capquest for a capital one debt of £600 from 2017. It states they have a CCJ against her too.

This the first we have heard about it, we can't remember having any dealings with Capital one or a notification of a CCJ. I just paid and done a search for the CCJ with TruestOnline and its not showing, came back clean.

Can we have some advice on what we should do next?

Thanks again,

James

[Deleted User]

Ask them to evidence the debt.

It's probably just someone with the same name.

fatbelly

Yep. it's a job fro the prove-it letter

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

sourcrates

It could be a fishing trip, someone with similar details to yours, and they are bombarding everyone with those details.

Send the provit letter, as advised above, they are oblighed to hold collection activity, and provide you with evidence of the debt, although, as they say there is a CCJ, they may be a bit funny, as once legal action has been taken, it removes the option to provide proof, if thats the case, just post back on here.

BROWNJL99

Hello,

Thanks for the earlier advice. I sent the standard prove-it letter as suggested. Today we received there response. It simply stated that they have asked their client for details however as there is a CCJ they are not legally required to produce this. They did provide some information, the date the account was opened and the date of default but nothing really helpful or to prove the debt is ours.

What should we do next? like I said earlier we did a search for a CCJ held against us but nothing came back. It is just a fishing attempt but how do we put a stop to it!

Thanks again for any advice.

James

sourcrates

Are the letters all in your name and the address the same as the account they are chasing ?
If so, you could be looking at identity fraud, are you 100% positive you do not have any knowledge of this debt ?

Have you checked all 3 of your credit reports ?

fatbelly

Of course they are required to establish that the person they are asking to pay is the person who is legally liable.

Have they given you the ccj reference, and the court that issued it?

WhenIam64

Perhaps you might want to put the following to them

1. If they honestly believe that you are the person that owes the money, then they should accept a request for all the personally identifiable details that related to the CCJ and any supporting (personally identifiable) evidence .

2. If it turns out that you are not the person that owes the money, you reserve the right to complain to the Information Commissioner that you have been given someone else's personally identifiable information without that person's authorisation.

I can't see how "fishing trips" can survive in the new Data Protection era considering that organisation who abuse personal data can be fined up to 4% of their turnover.

See how they respond.