CapQuest on behalf of bogus Orange debt

[bewildered19]

hello all!

 

It started n October 21st 2011 when I received a letter from CapQuest informing me that they had purchased my debt from Orange of £175.65.

 

The thing is, I don't acknowledge said debt because I have NEVER been an Orange customer!

 

At first I ignored these letters, sent to my parents' adress,

but when they mysteriously found out my new address earlier this year,

I got worried and requested proof of the debt from CapQuest.

 

(I also tried to contact Orange directly but, without an account number, they didn't want to talk to me).

 

On March 12th 2012, CapQuest wrote to me that they were "in receipt of the statements requested"

and went on to ask me to phone them up for security details confirmation.

 

I did so immediately, only to hear that they weren't in receipt of anything from Orange,

and that Orange would contact me directly, which they haven't to date.

 

Next they threaten me on April 3rd with doorstep recovery agents who never turn up,

and today May 7th they give me a deadline to pay either a discounted amount of £122.96 in one payment, or £140.52 in several instalments.

 

After May20th, they threaten me of "earnings arrestment or attachment of [my] goods".

 

 

Despite emailing Orange customer service and complaints handling in April, I still haven't heard back from them.

 

What should I do now?

 

I am thinking about contacting a financial ombudsman or waiting for CapQuest to take me to court,

where they would have to prove that the debt is mine,

which i deny.

 

But I'd rather get rid of it all and get back to sleeping at night!

 

Thanks a lot for your help!

[dx100uk]

i'd be inclined to check your CRA file [see below]

 

in-case there has been fraud going on

 

next...

 

totally ignore them

 

you should NEVER EVER phone a DCA

 

they have NO LEGAL POWERS - THEY ARE NOT BAILIFFS

 

lastly..

 

anyone offering a discount is trying to spoof you

 

no debt with a discount under a situation like this has ever gone to court.

 

dx

[bewildered19]

Thank you, I won't worry too much about CapQuest then.

 

Honestly, though,

I don't think there has been identity theft.

 

Back in 2008, I went to Orange with an ex partner to get her a mobile contract and used my card for the first upfront payment.

 

Every subsequent monthly payment went through her account by direct debit.

She then left abruptely and refused to pay any remaining rent or bill.

 

Can I be held accountable if she suddenly stopped paying her contract too?

 

I mean, I was unemployed at the time and unable to act as guarantor.

 

Also, why didn't Orange try to find her if they are trying to recover her debt?

 

I can only assume that this is the case because they won't talk to me over the phone or reply to my emails.

 

Needless to say,

she flatly refused to contact Orange to right the wrongs and threatens me if I give her name as the real debtor.

[dx100uk]

not your problem

 

to be sure check your cra file

 

dx

[2Grumpy]

First, don't talk to any of the debt collectors on the phone.

 

I would consider writing to the debt collector, asking if they own the debt or are acting as agents for Orange, just to find out which course of action to take.

 

If it's Orange who own the debt, they are responsible for their agent's behaviour and need to be reminded of that. Whoever owns the debt should stop once you inform them that this is nothing to do with you.

[locutus]

Thank you, I won't worry too much about CapQuest then.

 

Honestly, though,

I don't think there has been identity theft.

 

Back in 2008, I went to Orange with an ex partner to get her a mobile contract and used my card for the first upfront payment.

 

Every subsequent monthly payment went through her account by direct debit.

She then left abruptely and refused to pay any remaining rent or bill.

 

Can I be held accountable if she suddenly stopped paying her contract too?

 

I mean, I was unemployed at the time and unable to act as guarantor.

 

Also, why didn't Orange try to find her if they are trying to recover her debt?

 

I can only assume that this is the case because they won't talk to me over the phone or reply to my emails.

 

Needless to say,

she flatly refused to contact Orange to right the wrongs and threatens me if I give her name as the real debtor.

From this I can tell you what has happened, and I don't know if this is Orange or your ex but one of them has put the contract in YOUR name. The threatening should be the other way around, you should tell your ex and Orange to sort this, get the contract entirely in her name from it's inception and she is responsible to pay it, else you are going to the police in reguards to identity theft and let them sort it.

 

Mark my words, if this does not get sorted and removed from your credit file it will cost you £1000's in increased intrest over the next 5 or 6 years and you will find it hard to get a mortgage.

[Human Writes]

Orange aren't going to sort out it with his ex just because he tells them to, if the account/contract is in his name then as far as Orange are concerned he was liable for it.

 

If Capquest are pursuing him for the money it is because they have bought the debt from Orange and want payment for it, and they are unlikely to accept that they should be pursuing his former GF for the debt. You can't just tell a debt collector that its not your contract and they should pursue someone else, or rather you can, just don't expect them to pay any much notice.

[bewildered19]

Thanks all!

 

I was on the phone with Orange just now, and I managed to extract from them that it was a monthly mobile plan that *someone* stopped paying. What was most distressing was to learn from them that the contract bore two names: mine and my mother's! We were never Orange customers. Is it possible that my ex, who was the account holder, phoned them up and changed her name to ours? I already know from herself that she gave Orange my name and a fake address in Beijing, but involving my mother! Even from her that's low. Does this situation qualify as fraud or identity theft?

Orange then refused to give me any more details because CapQuest has purchased the debt. But can they really deny any responsibility if one of their phone operators has made the mistake of changing the name on the contract without my approval?

Do you think that's why CapQuest is offering a discount? Because they have the original contract and they know it's not in my name and doesn't bear my signature?

It doesn't look like any interest is accruing on the debt, but they threatened me of earning arrestment and I live on disability allowance so I'm worried...

[bewildered19]

Oh I forgot to add that I tried to check my CRA file but neither noddle nor experian managed to find me. Yet in 2010 I got a 24 months contract with Vodafone, and a couple of weeks ago I changed operators and got a new contract with T Mobile without any problem, so my guess is that the debt doesn't appear on my record for some reason.

[2Grumpy]

Orange cannot refuse a Subject Access Request (costs a tenner) requesting all information regarding the account - since it's apparently in your name That should have any change of name / address etc in it it's a reasonable starting point to sorting this mess out