A Warning - CapQuest Debt Recovery!

as the previous poster said - it is "statute barred" and there is no legal avenue for the collector to go down - but it does not stop them from trying to collect the money.

Cap Quest will make a lot of noises and "threats" but that is all they can do

Here is the relevent section from the Debt Collection Guidance as set down by the Office of Fair Traiding - advice Cap Quest to read this section

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be
carrying out further work on this aspect of debt recovery including analysis of
relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by
the Limitation Act 1980, which applies to England and Wales. Based on that
experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be
unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from
the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt
is statute barred, then we do not consider it unfair to continue to
attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for
example, falsely stating or implying that the debt is still legally
recoverable and relying on consumers not knowing the relevant legal
provisions, and

• continuing to press for payment after a debtor has stated that they
will not be paying a debt because it is statute barred could amount to
harassment contrary to section 40 (1) of the Administration of
Justice Act 1970.

Hope this helps

dealornodeal wrote:

Yes, Ive just been on the phone to them, and gave them an ear bashing! I stated facts and they argued. I told him straight my Son has paid up all his debts, they are expecting their first child; and that I will see them in court. And advised them to leave him alone. I then put the phone down!

Ooo - they shouldn't have discussed your son's situation with you - your son could threaten them with court under the data protection act!

If they get in touch again I would mention this - and make sure you note down the date & time of conversations, and if possible the name of the person you speak to!

dealornodeal wrote: »

Right everyone. I have just received in the post, my sons letter from CrapQuest a bill for £185.91p; which they purchased from another company. It doesnt say on there what Items were purchased, nor what date the said item(s) were purchased! So in fact I would say that its an illegal demand for money! I could start up a company and say to you all on here that you all owe me £200.00p. What would you all say to me - Go and get st....d I would imagine!

So it will be interesting to see when/ If a Solicitors letter appears at my old Address/ or to my Sons New Address where he has been residing for some years. And although I know he has paid all his debts years ago. I know that debts are not recoverable after 6 years!

Your views on CapQuest. In your opinion are they a Cowboy Unit, just trying to make money through fear? Is what they are doing legal?

As a previous thread hinted at.... put capquest into your google search bar and then select grumbletext from the results. Enter capquest in the search bar and sit back for 3 weeks and read through.
You simply will not believe what this company is capable of.... or more importantly... how strong we the consumers are when it comes to fighting back.
Criminal proceedings are apparently already in place against these jokers, obtaining money with menaces and hundreds of complaints to the Oft and Trading standards with regard harassment are only the beginning.
There is strength in numbers, so its up to all of us to contribute and get these people out of the industry.