Capquest and 12 yr old cat debt

[johnharding]

Hang on we might be losing sight of the main issue here.

 

The OP has stated that they no nothing of these 2 debts therefore it's perfectly possible that someone has used their details to obtain credit in their name, catalogues being favourite of the ID thieves

 

My advice is to obtain your credit report as there almost certainly will be defaults now registered against you which you will need to have removed & second the information will give you some idea as to when & with whom these loans were taken out with - & if there are any more

 

It's also perfectly possible that your NOT the person they seek but they are trying it on in the hope you are & they have traced you through your previous address where these loans were entered into & are assuming you are that debtor

 

That is true, but sending a CCA request can't hurt and will provide statements etc, and the account needs to be in dispute asap!

 

john

[JonCris]

If the OP knows nothing of the account then just sending a CCA will not, as many here can testify, stop anything.

 

IMHO the best thing to do is to send a SAR (making sure to request copies of the alleged agreements & statements) & only by doing that will the OP be able to get to the bottom of what's going on. Either that or the DCA will realize they have the wrong person & stop chasing

[johnharding]

If the OP knows nothing of the account then just sending a CCA will not, as many here can testify, stop anything.

 

IMHO the best thing to do is to send a S.A.R - (Subject Access Request) (making sure to request copies of the alleged agreements & statements) & only by doing that will the OP be able to get to the bottom of what's going on. Either that or the DCA will realize they have the wrong person & stop chasing

 

 

I would put the account is dispute as a number one priority. If you don't believe the debt is yours then saying so is key. It *should* also freeze activity!

 

As I understand it, the SAR is already in anyway

 

The CCA would show (if it exists) if the OP signed anything that she doesn't remember.

[JonCris]

Many DCA's just ignore CCA request & if there's no account there's nothing to put in dispute

 

On the otherhand sending a SAR will result either in them withdrawing their allegations or at least being obliged to provide whatever data they have.

 

Ir will also have the effect of placing them on notice that the OP is serious & not to be messed.

[candide]

Ok so I will send off the same first letter as I sent off for the initial acc. (Michael Brownes letter)

- I Believe that this puts the acc. in dispute.

 

JonCris - you state that ' I should obtain my credit report as there almost certainly will be defaults registered against me' - Is this a SAR/DPA request?

-How do I word the SAR Request letter if I need to know all that they have on me and not just info to do with these two acc? As you said there could be more in the pipeline.

- Is there a template letter that will help me here?

- Do I send this request to the DCA if it is possibly not just concerning the acc.s that they have mentioned in their letters?

johnharding - The SAR is not underway yet - I was waiting for a reply to my initial letter before sending in CCA or SAR requests.

 

To sum up, the plan was to:

1. Send initial letter - done for first acc.

2.Receive reply from DCA

3.Send letter re-inforcing acc. in dispute - johnhardings letter (if needed).

4. Send CCA Request

5. Await CCA Request Response

6. Send SAR Request if needed.

I guess that this has changed somewhat now.

Sounds like I should get the SAR request in ASAP.

 

Once again thank you all for the advice, particually JonCris and Johnharding who have given me the latest bout of advice which I have referenced and questioned above.

 

I would have found this interesting, almost enjoyable if it wasn't happening to me!

Candide.

[JonCris]

On payment of a sum of a fee you can obtain your credit report from one of the Credit Reference Agencies where all the lenders register your account & any activity (including defaults).

 

There is a free report but it doesn't tell you much

 

You can do it on line

 

Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert

[johnharding]

Ok so I will send off the same first letter as I sent off for the initial acc. (Michael Brownes letter)

- I Believe that this puts the acc. in dispute.

 

JonCris - you state that ' I should obtain my credit report as there almost certainly will be defaults registered against me' - Is this a S.A.R - (Subject Access Request)/Data Protection Act request?

-How do I word the S.A.R - (Subject Access Request) Request letter if I need to know all that they have on me and not just info to do with these two acc? As you said there could be more in the pipeline.

- Is there a template letter that will help me here?

- Do I send this request to the DCA if it is possibly not just concerning the acc.s that they have mentioned in their letters?

johnharding - The SAR is not underway yet - I was waiting for a reply to my initial letter before sending in CCA or SAR requests.

 

To sum up, the plan was to:

1. Send initial letter - done for first acc.

2.Receive reply from DCA

3.Send letter re-inforcing acc. in dispute - johnhardings letter (if needed).

4. Send CCA Request

5. Await CCA Request Response

6. Send SAR Request if needed.

I guess that this has changed somewhat now.

Sounds like I should get the SAR request in ASAP.

 

Once again thank you all for the advice, particually JonCris and Johnharding who have given me the latest bout of advice which I have referenced and questioned above.

 

I would have found this interesting, almost enjoyable if it wasn't happening to me!

Candide.

 

Candide,

Sorry I thought you had already sent off your SAR. I'd get that off ASAP as they can (and sometime do out of spite) take forty days. There are some letters on this site and the penaltychargesforum.co.uk but I whacked off a SAR last week and used the following letter:

 

I would like to make a Statutory Access Request under the Data Protection Act of 1984 and 1998 for copies of all data, including correspondence, which %Company%, and its' affiliated companies, hold about me.

I enclose a cheque for £10 which is the statutory maximum fee for this request, which %Company% are not obliged but obviously entitled to cash.

I also enclose copies of two recent utility bills and my passport for identity purposes. Please ensure that they are either returned safely or destroyed to protect me from becoming a victim of identity theft.

Please be aware that you must respond within forty days of receiving this request enclosing all data requested.

Some people recommend using postal orders but I am yet to have any issues with cheques personally so as I am a tad lazy, its easier to reach for my mountain of cheque books. You will want to adapt the letter if you use it, but as I said, there are better letters on the sites mentioned.

 

Credit Reference agencies are obliged to provide you with your credit file for a £2 fee but there are loopholes. Your Credit Rating: How it works and how to improve it... is a good read. I would also take a look at annualcreditreport.co.uk. It's free if you don't mind waiting a few days and while the information is a little sparse, its well, free!

 

Good luck!

 

John

[candide]

Thank you very much for the letter John, it seems to fit the bill nicely by requesting all Data that the DCA hold about me as I have notices of two accounts so far! I will send that off tomorrow.

 

and I will start looking into the Credit Reference Agencies info supplied by both Jon and John - so thank you both.

 

Regards

Candide

[candide]

I've just had a thought:

Up until now I have been careful not to use my signature on the letters I have sent or are due to be sending however now I will have to enclose a copy of passport with signature on as well as utility bills as proof of i.d for the SAR Request

 

Any thoughts or comments?

 

Candide

[NORTHERNGUY]

Don't send !

I had the same problem with Capquest. I spoke to the information commisioners office and was told , just send either council tax bill or utility bill. I then wrote back to Capquest , quoted what I had been told and enclosed my council tax bill. They then fulfilled my request.

But do not send anything with your signature.

[JonCris]

I assume your referring to the DCA & not CRA & if you are then no you don't have to give said info & if they claim that's the case they are stalling & it's a common tactic by these bums.

 

REMEMBER THEY contacted you 1st not you them so they can't now try & question your identity. I should point that simple fact out should they try such a tactic

 

WHATEVER you do don't give them anymore information than you need to - they are not to be trusted under any circumstances - as some here have found to their cost

 

& CERTAINLY DON'T GIVE THEM A COPY OF YOUR SIGNATURE - If you do you'll be surprised where it might end up

[johnharding]

I assume your referring to the DCA & not CRA & if you are then no you don't have to give said info & if they claim that's the case they are stalling & it's a common tactic by these bums.

 

REMEMBER THEY contacted you 1st not you them so they can't now try & question your identity. I should point that simple fact out should they try such a tactic

 

WHATEVER you do don't give them anymore information than you need to - they are not to be trusted under any circumstances - as some here have found to their cost

 

& CERTAINLY DON'T GIVE THEM A COPY OF YOUR SIGNATURE - If you do you'll be surprised where it might end up

 

Thats a very good point.

 

I was writing to CenterParcs who can (read should) be trusted with a photocopy of a passport given that they are a travel company!

[GreenTree]

Hi Candide

 

Just to let you know I also had a letter from Cap Quest regarding a Littlewoods debt just before Christmas.

 

I sent the same sort of letter that you have just sent and eventually they did send my a token attempt of a credit agreement.

 

However, cut a long story short they have just written to say they are no longer pursuing this debt - put me through a bit of a time but I suppose we never stop learning..

 

So, don't give up! Take the letters and advise from the guys and gals from this site - it stood me in good stead..

 

Best of luck.

[candide]

Thanks for the advice guys - I have referenced the accounts they have previously informed me of therefore I will not be including any additional proof of i.d

 

And thanks for the post of support GreenTree, I have just been reading your thread; makes interesting reading!

 

Cheers.

[candide]

I have just received two letters from the DCA - both in answer to my initial letter - about the first account they informed me of.

 

The first saying that the account is 'on hold for 28 days' - and if I have any proof of payments or correspondence forward them on to them (how can I if I have no knowledge of the account?!)

 

The second asking me for proof of i.d and also proof of my address at the time of the acc. being opened in 1996 - I am reluctant to send them anything of the sort!

 

They will however be getting my SAR request shortly!

 

Candide.

[BrandiBroke]

Send them nothing, absolutely nothing, (well, apart from the SAR). It is up them to prove you owe the money, not you to prove you don't. Don't worry, I got the exact same 28 day, blah blah letter and that was the last I heard from them

[JonCris]

I strongly advise that the OP doesn't even send a S.A.R - (Subject Access Request) as they will try & claim it's an admission that they owe the debt thereby negating the limitation act

 

Send them nothing - absolutely nothing

[candide]

I did send the S.A.R - I didnt see your latest post JONCRIS, however I did state in the letter that I have no knowledge of the debt, I therefore do not acknowledge the debt and that I have placed the accounts in legal dispute. I would therefore like to make a Statuatory Accesss Request for copies of all data.......

 

Well anyway I have today received a letter with my Postal Order attached saying that they bought the debts in Jan and only hold data from that point onwards and if I would like that data I should enclose a £10 cheque to cover admin????which I did???

 

They finish by saying the acc(s) are on hold for 14 days before being passed on to Collections Dept for further action.

 

???????

Candide

[JonCris]

I did send the S.A.R - I didnt see your latest post JONCRIS, however I did state in the letter that I have no knowledge of the debt, I therefore do not acknowledge the debt and that I have placed the accounts in legal dispute. I would therefore like to make a Statuatory Accesss Request for copies of all data.......

 

Well anyway I have today received a letter with my Postal Order attached saying that they bought the debts in Jan and only hold data from that point onwards and if I would like that data I should enclose a £10 cheque to cover admin????which I did???

 

They finish by saying the acc(s) are on hold for 14 days before being passed on to Collections Dept for further action.

 

???????

Candide

 

1st What's wrong with a postal order - answer - now't & if you send a cheque they will be able to ID your banking details which is what they are after

 

With that bit of nonsense out of the way you need to write back & tell them that they have a legal duty to comply with your statutory request particularly if they are now going to claim they are the lawful owners of the alleged debt.

 

Also point out that despite their attempt to avoid their legal liabilities you still consider that the time for responding to your request commenced upon their receipt of your S.A.R - (Subject Access Request) dated ? ? ?

 

Also mention that should their collections department be foolish enough to contact you under the circumstances you will have no hesitation in reporting them to the appropriate authorities at the first opportunity

[johnharding]

1st What's wrong with a postal order - answer - now't & if you send a cheque they will be able to ID your banking details which is what they are after

 

With that bit of nonsense out of the way you need to write back & tell them that they have a legal duty to comply with your statutory request particularly if they are now going to claim they are the lawful owners of the alleged debt.

 

Also point out that despite their attempt to avoid their legal liabilities you still consider that the time for responding to your request commenced upon their receipt of your S.A.R - (Subject Access Request) dated ? ? ?

 

Also mention that should their collections department be foolish enough to contact you under the circumstances you will have no hesitation in reporting them to the appropriate authorities at the first opportunity

 

Alternatively, if you do want to send a cheque, go into your local branch of your bank and ask them to write you a cheque drawn from your account. I have done this a couple of times for when I needed to get Road Tax and left my cheque book at home. NatWest certainly do it, but not, interestingly enough if the account is not in credit and is in overdraft. The account details on the cheque are the local branch account not yours!

 

Just a thought.....

[The GodMother]

most banks charge u between 35 and 50 pounds for this service which is also taken out of you bank account

[johnharding]

most banks charge u between 35 and 50 pounds for this service which is also taken out of you bank account

 

It is, or at least was, free at NatWest.

 

John

[JonCris]

You are still ID'ing your bank.

 

There is absolutely no reason on earth why they can't accept a PO - It's as good as cash - in fact it's better as once filled in it can't be nicked

[The GodMother]

It is guarenteed money. Unlike a cheque which can bounce.

 

The problem is a lot of companys dont like POs as they have to cash them at a PO unles you have it crossed which means they put it threw the bank.

 

That is why they send them back. I would advise you to give the DCAs a work out and make them walk to the PO

[2Grumpy]

Isn't it pointless sending a SAR to a DCA that has just bought a debt?

 

Just ask for proof that you owe the money.

 

If they can, then your next step should be a CCA request - with a £1 postal order.

 

Grumpy