Capquest help

nikimarie · 10 January 2019 at 1:20PM

Hi, looking for some advice regarding a debt that Capquest is chasing me for. The debt is originally from 2004 and i have no idea about it, or what it is for. I also said that my ex wife probably took this debt on in my name fraudently as i know i didnt have this debt. I sent a letter asking them to send me proof of the debt on the 23rd October 2017 and we had no other contact while they investigated.
They started chasing us for the debt again 3rd November 2018 so we complained stating that the original dispute was still open.

On the 2nd January they wrote stating they would not uphold the complaint. They confirmed they had no original documents or statements with regards to the account and apologised for not informing us, and that as they dont have those the debt is no longer enforceable in court. However they have stated that as the balance is outstanding they will still chase is for the debt.

They have put the account on hold for 30 days while the fraud team investigate and they have now written asking for proof of identity and evidence of address when the account was originally opened in 2004??

What do we do now?? Any help or advice greatly received. The debt is for £160.85 and to be honest we just want this sorted.

[Deleted User] · 10 January 2019 at 1:33PM

If you want to have it removed from your files, then support them in their investigations.

Willing2Learn · 10 January 2019 at 1:45PM

If it were me, I would probably send them a SB letter, requesting that they stop harassing me for a SB debt.

nikimarie · 10 January 2019 at 2:08PM

We have no evidence of address for when the account was opened, and not sure how to get any evidence for address at that time as didnt even have a bank account.They claim that its not SB as the debt was being paid - just obviously not by me.

Willing2Learn · 10 January 2019 at 2:36PM

Have you complained that the debt is not yours and that Capquest are unable to provide evidence of the debt? They therefore should not be chasing you for the debt as it is unenforceable.

Edit: If, as Capquest say, the debt is unenforceable, then they should not be bothering you, harassing you, about a debt that is not enforceable

chanz4 · 12 January 2019 at 10:58AM

If you are claiming fraud, go to the police report it and obtain a crime ref number.

[Deleted User] · 12 January 2019 at 1:16PM

If the debt is not enforceable then they cannot chase you for it if it’s also statute barred.

dj1471 · 12 January 2019 at 1:39PM

Capquest are well known for trying it on, the debt may well belong to someone else with the same name as you. This sounds likely given it was being paid and not by you.

You don't have to prove that the debt isn't yours, they have to prove that it is. Tell them to get lost.

pn610 · 14 January 2019 at 7:01PM

i am looking for some advice regarding a debt capquest now look after, this was originally a BOS credit card taken out in 1998. The account was very well handled and the credit limit gradually increased to 12k over time without review until my business ceased in 2012 and I struggled financially, at this point the card was at its maximum limit. At this time i requested a signed copy of the agreement, but this was ignored. I sought advice and agreed a payment plan and continued to make the £1 per month payments and this has continued ever since. The default was applied to my credit file and dropped off my file after the 6 years in 2018. A letter has arrived informing me that they now believe "my current financial circumstances enable me to repay the account over a considerably shorter period" where could they have my up to date financial details from?, it goes on to say i have 10 days to complete I&E form otherwise they will "pass to a solicitor to consider commencing legal action" my financial situation has improved slightly and am wondering should i send the up to date I&E form and is it worth asking for a signed copy of the agreement again, which i am pretty sure they cannot supply, if this cannot be supplied can they send to a solicitor to enforce court action and can they do this as i have made the agreed payments on time?

Many thanks for you advice
A stressed out consumer

Capquest help

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