Advice re: useless debt collection agency.

Vadinho

Hi all, looking for some wisdom if any can be spared!

I've been dealing with two debt collection agencies for most of this year regarding a debt that isn't mine. Originally I was contacted by Wescot, and they have since passed everything to Capquest. (I guess because they weren't getting anywhere!)

Points to note briefly:

- I have a letter from the original company with whom this debt is linked, stating categorically that it was set up fraudulently with my details, and that all matters relating to it have been fully & finally closed with an apology.

- I have a letter from Experian stating that the original company has agreed to update my credit file by removing all details relating to this issue.

So, to Capquest. Contacted me in early November chasing this disputed debt, I responded with the letter from the originating company saying it was nothing to do with me. I got a letter back from them saying the account was on hold while it was investigated.

I received a further letter after a few weeks saying that I had not responded and it would be passed to litigation! Not happy. I phoned Capquest's legal department, got an apology, and was told the account would be put on hold again. (Because they are still awaiting some feedback from the originating company.)

Fast forward to today. Another letter, this time from a solicitor acting on Capquest's behalf! Spouting some rubbish about court fees and charges that will come into effect if this isn't paid by Dec. 29th. Phoned the legal dept. again, and was given the same story. Account back on hold, and apologised for the letter. I was told that it's my job to phone them every 3 weeks to check how they're progressing, because they can only 'hold' accounts for that period of time & after such time passes the account will automatically proceed to the next stage. (I guess that means the above letters I've been getting.)

So I'm in a position where I've sent off proof that it's nothing to do with me, but I keep getting letters outlining court action and various fees. At this stage, considering what I've presented to this company and what I've received from the originator, is there anything I can do or demand within a reasonable timescale? I'm slowly losing my patience, every time I get a letter I expect things to be finalised but instead it's like going back to square one.

Any & all advice appreciated, thanks.

tealady

For Capquest read Crapquest.
Just send them a letter (recorded delivery) with a copy of the letter from the original company saying the debt isn't yours. Tell them any further letters will be considered to be harassment and you will contact trading standards/OFT etc.
NB Do not sign your letter just print your name.

Vadinho

Thanks, I'll give that a try. Let's hope it has an effect & in 3 weeks I'm not repeating the same steps again! I'm not holding my breath.

itsnever2lateisit?

Agree with tealady, except I would go further in the letter, and take them to task over the 'its your responsibility to contact us ever 3 week' utter tosh, you aren't paid to do their administration. So I wouldn't threaten to involve the OFT and Trading Standards should they persist, I would inform them that I have involved them, and carry it out. I would also seek financial redress from them for my costs and unnecessary distress that they have caused by their incompetance

chevalier

Personally if you are 100% sure that the debt isn't yours and that you can 100% prove it, then I would let them take me to court. Just so they can rake up all those costs, to have it thrown out by the judge.

Seriously though, you need to start writing to them rather than phoning, so that when you do claim for costs you have copies of the letters, when they were sent etc to give to the trading standards when you complain.
chev

Vadinho

I am 100% sure it's not mine and I have written proof. I think you're right about writing rather than phoning, but when I get all these letters I start to fume and I just react instantly.

Time for another letter from me maybe, I'll confirm all the details of the phone calls I've had. Especially the one from earlier this evening when I learned it's my job to contact them every 3 weeks like clockwork!

Grr.

AGB863

Just to confirm - once a dispute has been raised all attempts to recoup the outstanding amount has to cease and Capquest know that - so you are within your rights to make a formal complaint.

These are the relevant sections from the Debt Collection Guidance as set down by the Office of Fair Trading.

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

k. not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.

I would put a letter in writing that you do not acknowledge the debt - for the reasons you have already informed them of and then quote the sections from the guidance and advise them that if they fail to comply with these that you will raise a formal complaint to the OFT and to Trading Standards about their harrasment.

It is not up to you to call every 3 weeks to see how they are doing with their job!!! You have raised the dispute and they have to follow up the claim.