Debt Relief Order 5 years ago; "CapQuest" now demanding money

Harvey82 · 11 January 2012 at 1:00PM

Hi all,

In 2007 I took out a debt relief order for around £6000 to clear myself of what I owed to three banks; MBNA, Barclays and Clydesdale Bank. I overspent on my MBNA credit card, I overspent on my overdraft with Barclays and I took up an IT course with Computeach, payed for via a loan from Clydesdale, which I never saw through. Two of these things were foolish overspending on my behalf, the failure to complete the IT course was unavoidable because of health problems.

Flash forward four years, by name has long been cleared and I don't even have a bank account any longer. I don't owe money to anyone, and lessons have been learned about overspending. But over the past two weeks I've received two letters and one phone call from a company called CapQuest, claiming I owe Barclays Bank money (around £6000). My instincts tell me that someone is trying to trick me into giving them money that I don't owe, but the amount they're asking for is strangely around the same sum as what I was legitimately in debt over years ago. The letters are rather threatening; words to the effect of "legal action will be taken against you if you don't pay up".

What should I do? Is there a small chance that I DO still owe a considerable sum of money to these people? Or should I just ignore any further correspondence from them?

fermi · 11 January 2012 at 1:05PM

Harvey82 wrote: »

In 2007 I took out a debt relief order for around £6000

Debt Relief Orders were not introduced until April 2009.

Can you give us more details of what you actually entered into?

Harvey82 · 11 January 2012 at 1:08PM

fermi wrote: »

Debt Relief Orders were not introduced until April 2009.

OK, then my memory is failing me. It must have been that year if that was the year they were introduced. Apologies.

Does it make a huge difference to what I'm saying though?

fermi · 11 January 2012 at 1:10PM

Harvey82 wrote: »

OK, then my memory is failing me. It must have been that year if that was the year they were introduced. Apologies.

Does it make a huge difference to what I'm saying though?

If you're certain that it was a Debt Relief Order, then no.

But we need to be certain exactly what it was you entered into before we can then move on the status of these debts and how to deal with CapQuest.

Harvey82 · 11 January 2012 at 1:13PM

fermi wrote: »

If you're certain that it was a Debt Relief Order, then no.

But we need to be certain exactly what it was you entered into before we can then move on the status of these debts and how to deal with CapQuest.

Yes, I'm certain it was a DRO.

fermi · 11 January 2012 at 1:13PM

If it's a DRO, then send to CapQuest by recorded delivery.

NOTICE: Pursuit of a debt included in a Debt Relief Order. Do not ignore this letter. You must cease collection activity IMMEDIATELY.

Dear Sir/Madam

Account No: ******

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

I would point out that the account was included in my Debt Relief Order which commenced on <date> and finished on <date>.

Consequently, the debt in question is no longer my legal responsibility.

ALL contact regarding the debt MUST be addressed to the Official Receiver's Office dealing with the case.

The address of the Official Receiver is below.

<Address of the OR.>

A copy of the DRO paperwork is enclosed for your convenience.

Please note that the Official Receiver has requested that all future contact from your company regarding these accounts is reported and forwarded to themselves, and that continued contact with myself may result in Official Receiver taking enforcement actions against your organisation.

Please also note that we are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when the debt is not due, or included in a Debt Relief Order.

A formal complaint will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

We await your written confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

Harvey82 · 11 January 2012 at 1:20PM

Thank you for that.

fermi · 11 January 2012 at 1:25PM

If the debts in question were listed in your DRO, then CapQuest can take a long walk off a short pier.

Debt Relief Order 5 years ago; "CapQuest" now demanding money

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