Help......capquest letter

[Bok]

Hello

i have just received a letter from capquest saying I owe next clothing £650.
i left the country in 2010 and thought my now ex husband had paid it. He said he has but has no proof of payment as it was from almost 7yrs ago. It was in my name but how do I get capquest to prove I owe this money?
What should they send me other than a letter claiming I owe this money?
thank you.

[MIKE770]

Re: Help......capquest letter

Shop direct maybe? a lot of statute barred letter flying around at the moment, you do not live here then , anyway if he made a payment regardless he must know how paid i.e. bank account etc and proof can be obtained and even if cannot a SAR request to Original owner say shop direct would show statements from that time, sure other will respond here also.

[warwick65]

Re: Help......capquest letter

Hi Heidi

Maybe it is just a phishing trip to see if you live where they think you do.

If the account was last used in 2010 it will either be Statute barred or getting close to statute barred.

What exactly does the letter say, does it mention a court claim?
have you had letters before from them?

From what i can see, and it will depend on what the letter actually says
1) Ignore for now until something more concrete turns up
2) Write back to them asking them to prove it - something along you have no knowledge of this account , but you need to be careful not to actually acknowledge it
3) Send a S78 request

You may also want to send a SAR to next- this should show when it was sold to cap quest ( if it was) and when the last payment was made . SARS are generic and ask for all data held so you may get a good few pages back.

[charitynjw]

Re: Help......capquest letter

Your rights under the Data Protection Act 1998

You have a right to access the personal data that we hold on you. If you would like to see a copy please send a £10 fee and a written request to the Group Data Protection Manager at Head Office, quoting Security and Privacy Enquiry. If you think the information we hold on you is incorrect please contact the Group Data Protection Manager at Head Office or via dataprotection@next.co.uk, quoting Security and Privacy Enquiry.

http://www.next.co.uk/privacy

[Bok]

Re: Help......capquest letter

Hi Heidi

Maybe it is just a phishing trip to see if you live where they think you do.

If the account was last used in 2010 it will either be Statute barred or getting close to statute barred.

What exactly does the letter say, does it mention a court claim?
have you had letters before from them?

From what i can see, and it will depend on what the letter actually says
1) Ignore for now until something more concrete turns up
2) Write back to them asking them to prove it - something along you have no knowledge of this account , but you need to be careful not to actually acknowledge it
3) Send a S78 request

You may also want to send a SAR to next- this should show when it was sold to cap quest ( if it was) and when the last payment was made . SARS are generic and ask for all data held so you may get a good few pages back.

hello
the letter says;

dear mrs.......

welcome to capquest . We are now looking after your next directory account.
ownership of your account has now been transferred to capquest investment ltd. capquest debt recovery will be managing your account. Our number one priority is to work with you to get a plan is place that best suits your situation

we we will not charge interest on this account.

then the contact details etc

- - - Updated - - -

I do live here now. Moved back beginning of 2015.
im also not too sure if my ex paid or not..........he says yes, but who knows.

- - - Updated - - -

The letter is as follows

dear mrs.......

welcome to capquest . We are now looking after your next directory account.
ownership of your account has now been transferred to capquest investment ltd. capquest debt recovery will be managing your account. Our number one priority is to work with you to get a plan is place that best suits your situation

we we will not charge interest on this account.

what is a S78?
what is a SAR?

ps when I did an Experian credit check a couple of months ago, I scored a 9.6.

[MIKE770]

Re: Help......capquest letter

| CCA Request SAR (Subject access request)


1. CCA request goes to Next with £1.00 postall order send copy to Capquest (No Payment just copy) = 12+2 = 14 days to respond if not unenforceable until they supply.

2. SAR request to Next with a £10.00 fee they have then 40 days to send all paperwork heldd on you

[Bok]

Re: Help......capquest letter

| CCA Request SAR (Subject access request)


1. CCA request goes to Next with £1.00 postall order send copy to Capquest (No Payment just copy) = 12+2 = 14 days to respond if not unenforceable until they supply.

2. SAR request to Next with a £10.00 fee they have then 40 days to send all paperwork heldd on you

Im so sorry Mike, but I dont follow.
are you saying capquest sent cca request to next asking for this cca?
do i need to send a SAR to next asking what info they have on me? what infor would i need to provide them with first?
if it has been past on to capquest, should capquest not hold all this information already?

[MIKE770]

Re: Help......capquest letter

no;- its for you to send Next the CCA1974 with an unsigned copy of request to Capquest for their records.

SAR to Next as stated , copy for information to capquest,


Capquest will only have your name/address/.amount alledged you owe. you will be amongst 100s of other in bulk package

need to read other capquest threads to get the idea of the proceedures they use and others.

[warwick65]

Re: Help......capquest letter

[MENTION=3599]MIKE770[/MENTION]
I'm confused, if the account has now been transferred to capquest surely that it where the CCA request should go to

[Bok]

Re: Help......capquest letter

amazing how this can make one feel physically sick................

[MIKE770]

Re: Help......capquest letter

some say yes , in view send to capquest they should obtain from original owner.

Warwick as use to send to Original owner who hold CCA1974 if there is one, and copy to Capquest to show actions. seems change now by some Llps to capquest and then they do the leg work???

[Bok]

Re: Help......capquest letter

should i ignore this letter as its the first and an above post said it could just be phishing?
if another one comes, should i ask capquest then for proof debt and if so, what do i actually ask them for? an agreement between myself and next or what?

[MIKE770]

Re: Help......capquest letter

could do but usually capquest carry on chasing then set on Shooesmiths solicitors to pester you

[Bok]

Re: Help......capquest letter

would it be best for me to call them and ask for proof then.
what proof do i ask for?

[MIKE770]

Re: Help......capquest letter

noooooooo never phone them, send the CCA request Recorded Delivery for now they have 12+2 days to respond before comes unenforceable until they do.


& send SAR to Next Recorded Delivery.

as it is natuarally worrying you do above, they will write again

[MENTION=87380]Diana M[/MENTION]