Capquest Debt Recovery - Need advice!

Leeshieus

Two weeks ago I received a letter through the post with the word "Telegram" emblazoned across the front of it, inside I was informed that a company called "Excel" were holding an important telephone message for me. My first instincts were that it was some kind of scam involving an expensive premium rate number, but a couple of hours later curiosity got the better of me..

I got through to a company called CapQuest who said they had been sold a credit card debt of mine from HSBC to the amount of £598.56, and that I should pay immediately or face court action.

They had my full name, DOB, current address and previous address in Manchester.

However I have NEVER had any kind of account either credit or current with HSBC, I have NEVER had any kind of storecard/chargecard with ANY bank let alone HSBC and I have certainly NEVER tried to flee any kind of debt, infact the only debt I have is £1000 carloan and a student overdraft of £190, both of which I am in full control of as I work fulltime.

I informed CapQuest of this but they still insisted I pay & continued with the threats.. in such a manner that I (stupidly) payed £100 over the phone.
I immediately went to my nearest branch of HSBC in a panic to try and discover just exactly where and when this debt is from, and they had absolutely no record of the debt/account number, or my name (they tried various spellings) or my addresses. Both my bank manager and a HSBC clerk phoned CapQuest on my behalf to explain that it must be a mistake as there was no record of the debt, and that HSBC have their own collections department (therefore no need for outside collectors) to deal with such situations.. CapQuest replied that the mistake is with HSBC as it was THEIR head office who sold the debt to CapQuest.

Both my bank and HSBC seem to think the company is legit, but they both support me fully that this debt doesn't belong to me.

CapQuest promised to send me statements of the debt, ie records of exactly when and where this money was spent and asked me to send proof of my identity ie, my passport (which I have been advised NOT to do.) It has been 9 days and nothing has arrived from CapQuest except more demands.

The only advice I have been given is to write a letter stating that I refuse to claim ownership of the debt and that the payment I made was under duress - apart from that nobody seems to know what to do.

...Help?!

ManAtHome

Company appears to be legit, see here http://forums.moneysavingexpert.com/showthread.html?t=76159 although their initial contact method seems a bit strange... You could always try the Equifax or Experian free trials (or write for a copy of your details) to see if/when any default was noted.

Leeshieus

Well you've made me feel a bit better! At least I know they are real! Hopefully I stand a chance now of clearing this up and getting my money back.

I don't know where to start though as CapQuest won't listen to anybody from HSBC telling them that the debt doesn't exist.. I spoke to my local CAB who said it sounds as if CapQuest have made this debt up themselves and sent it out, hoping that some idiot like me would inadvertantly take responsibility by allowing themselves to be bullied into making a payment :mad: perhaps thats why they didn't send me a letter directly? Instead using the telegram thing?

Turning_into_scrooge

If you have been forced into paying a debt that isn't yours then you really should be contacting the OFT and informing them of this especially as you were forced into paying under duress. I think you'll find that this is illegal in itself. I am currently paying an Egg debt with them and have found them to be more than helpful even to the point where they told me not to pay more than a certain amount and that they would freeze interest and they had no intention of taking me to court. I'm sorry you've had such a bad experience with them but i suppose there is always going to be some debt collectors in all debt collection agency's that sale very close to the wind and treat those of us with debts in an extremely unfair negative manor. I really do hope you mange to sort this out fairly quickly as the stress must be terrible :grouphug:

Harassed_2

Personally, I have had very bad experiences with this company. To challenge the debt, send the following letter by Recorded Delivery enclosing £1 postal order (DON'T enclose any ID, you don't have to).

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Secondly, make a formal complaint to Trading Standards and the Office of Fair Trading about them. Addresses and link below.
Regulatory Services,
Mottisfont Court,
High Street,
WINCHESTER
SO23 8ZE

There's also a link here to the OFT's complaint form.

If they get enough complaints they'll do something

about them.

[URL=http://]http://www.oft.gov.uk/Adviser/News/debt.htm[/URL]

Andy Lowther
Office of Fair Trading
1C/015
FREEPOST
London, EC4B 4AH

hondo

CapQuest seem to be less than ethical, and are, if whats posted in this link are correct borderline Pillocks. They in this thread are alleged to have threatened a guy with the Police over a personal Debt!...

http://www.debthelpuk.co.uk/cgi-bin/yabb/YaBB.cgi?board=DHUL;action=display;num=1137665459

I would follow the advice given previously and send them the letter outlined. then await the outcome. Do not speak to them on the Phone. Only Via Letter email fax etc so all is in writing.

No Debt is enforceable unless it can be quantified and verified. They need an agreement etc Signed by You or some other evidence of Debt. The Fact they send you a letter, and say you owe them Money Wont stand up in court.

Dont let these incompetants rattle you. If its Genuinely not Your Debt and HSBC back you on this then dont even reply any further than the letter outlined previously. its up to them to prove it.

Harassed_2

Complaints about this crew of parasites should go to:

Regulatory Services,
Mottisfont Court,
High Street,
WINCHESTER
SO23 8ZE