Capquest chasing old M+S card debt - taken action or ignore

[Wilma Shoozfit]

Hi there, I'm new to the site but hopefully someone can give me some advice.

 

A couple of months ago I received a letter (addressed to me in my married name) from a company asking me to call them. I ignored it.

 

On Friday, my elderly neighbour told me he had a call from a company asking if I still lived next door. He told them yes although he doesn't know my surname but assumed it was me because the first name was right- I phoned the number and a company called Telegram (Telogram) answered, I asked them why they were calling my neighbours to check up on me, they said they were a mail forwarding agent. I did not give my name or details.

 

Today I have received a letter from a company called Capquest - again addressed to me in my married name, stating that they have bought a debt From Marks & Spencer Money and are threatening legal action if I do not pay.

 

Whilst I know I had a M & S store card some 8 years ago in that name - and due to divorce and all the nasty things that go with it I didn't clear the debt and haven't made any payment or acknowledgement of the debt for at least 7 years if not more. Actually, I'd forgotten all about it. It was a surprise and I must say a bit of a shock for this correspondence to arrive as I have lived at my present address for 6½ years under my current name (not maiden name) everything to do with this property is in this name, I'm ex directory - on the unlisted electoral role and, because of my problems with my ex, the only people who knew of my forwarding address were the solicitors who handled my divorce and move.

 

My instinct is to send this letter back saying not known at this address, and hope that it will go away, but does anyone have any advice on how should I re-act to this letter and prevent my married name being associated with my address?

 

Thanks in anticiapation

[geministar2007]

If the debt is over 6 years old it will be statue barred. You could send it back saying not known at this address and keep your fingers crossed!?

If you send it back as the debt is so old, they may not bother you again?

 

Best of luck

[Tawnyowl]

Your Name:

Your Address:

Date

To:

 

WITHOUT PREJUDICE

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

(Your signature May i say this is my view only and perhaps wait for someone else to offer you advise-which im sure they will-before long.Personally i would file it in the bin but best perhaps not to.Will follow your thread.Maybe also send for cca request -1 pound.=if things persist.Dont worry other people will come and read your thread.Welcome to the CAG-a great place to be-Tawnyowl

[Tawnyowl]

How they find people-very hard to hide from them.

They would access other databases (illegally of course). Their main way is by name and date of birth.

If you have bought anything or done anything that puts you on a data base at this address then that will be enough.On Friday, my elderly neighbour told me he had a call from a company asking if I still lived next door. He told them yes although he doesn't know my surname but assumed it was me because the first name was right- I phoned the number and a company called Telegram (Telogram) answered, I asked them why they were calling my neighbours to check up on me, they said they were a mail forwarding agent. I did not give my name or details.

Someone elses experience of Capquest

When I wasn't in, I received a calling card from First Direct Logistics Ltd saying that they had tried to made a delivery. Their telephone and reference numbers were included. Two things rang alarm bells. The first is that my partner was in all day and secondly the"calling card" was sent by 2nd class post?

 

They pretend to be a delivery agency (as mentioned) and lead you down a merry path pretending to be a delivery company. At the end of the very polite call they ask for a contact telephone number to ensure you are in. The telephone number! This is what they want!!! You will then receive numerous calls at all times of the day and night threatening all sorts. From legal action to telling your employers and having you sacked. Nice...

 

The company is called Capquest-nice bunch-dont worry got a feeling you will nail them no trouble.

Will send you a CCA request letter soon just in case you need it

[Wilma Shoozfit]

Thanks for the welcome Tawny and the letter template.

 

Just to confirm - I have been at my present address 6½ years - 7 next March. Until the first letter a couple of months ago (which I binned) I have heard nothing.

 

I'm sorely tempted to send their letter back "not known" and be damned. But if I do need to write, can I put

"your name" - Mrs Married Name -

"your address" c/o my address.

 

(if you get my drift)

 

I'd prefer for the name I am now known by not to be linked to my former name for several reasons - my ex being the main.

[Wilma Shoozfit]

Hi Tawny

 

Luckily my telephone number is ex-directory - and my number is with-held and fortunately I don't give my phone number out to anyone.

He didn't ask for any details from me and I didn't give him any

[Tawnyowl]

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Feel you may not need this straight away but have sent it anyway.

Dont give your phone no to any DCAs if they ever phone you tell them i only communicate by letter-and put phone down.Someone told me that on here -it works.Dont see any reason if writing to use your married name-as they know it.Now this is all based on my limited knowledge and i am sure someone will advise further if not tonight then tom-good luck tawnyowl

[Tawnyowl]

Good luck will follow your thread.iF YOU GO TO- DEBT COLLECTION INDUSTRY forum you will find many peoples similar experiences by Capquest-or just type Capquest in search at top of page.Maybe some site helper will move this thread there where you will get more help.The first letter stat barred letter would be the one to send for now if you decide to-just remember when dealing with DCAs send recorded -wouldn't want them to say they have not received it.

Edited September 4, 2008 by tawnyowl

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

[Wilma Shoozfit]

Just a quick update. First I'd like to thank you for taking time out to answer me. After spending time reading posts on the forum I realise that there are people with a lot bigger problems than mine, and for them to take time out to pass on help and advice fills me with admiration for these good people.

 

Enough of that - I don't want it going to your heads!!

 

I'm now over the initial panic.

 

I sent the letter back with a note telling them they had got their facts wrong and if they phoned my neighbours again I would report them to OFCOM, OFT, TS, Police, old uncle Tom Cobbly and all.

 

I got a nice reply back from HL Legal in association with etc. telling me they may take me to court.

 

I whipped off a statute barred letter and got that off to them. Crap Quest ( you lot are a bad influence) have written back 1st October to say they need 28days to look into the matter but if I need to discuss this I can always phone their litigation department! (I hope they're holding their breath waiting for the phone to ring).

 

Fingers crossed it's all gone back under the stone it crawled out of.

Wilma