Problems with CapQuest Debt Recovery Ltd

sutton111 · 24 February 2009 at 4:50PM

RAS -

I'm having problem's with these jerks :mad: , I defaulted back in 2001 on a loan haven't paid anything since up until May 2008, anyway in May 2008 they sent me a statutory demand, stupid me didn't realise anything about the Limitations act 1980 and started paying the debt back, I started to look into the fact my debt with Capquest is statute barred in January 2009.

I have sent them 3 separate letters, the first one was the statute barred letter they sent a reply telling me it isn't statute barred because i have been paying the account. So I sent them another statute barred letter this time added a few things about why it's statute barred, they thought I was making an official complaint so they decided to put the case on hold for 28 days on hold to look at it, less than 5 days later :eek: they said they have done there inquiry and still don't think it statute barred because i have made a payment at the end of January. :mad:

I'm going round and round in circles here, I have now written and sent a third letter with the help of the NDL which states that they still haven't sent me any evidence of it not being statute barred and I will be not making any further payments again, i can't make this any clearer.

I was wondering if you have any further advice for me?

RAS · 24 February 2009 at 5:01PM

sutton111 wrote: »

hold to look at it, less than 5 days later :eek: they said they have done there inquiry and still don't think it statute barred because i have made a payment at the end of January. :mad:

You made a payment in which January?

If there was EVER a perod of 6 years (5 years in Scotland) then it is and will always be statute barred, unless there is a CCJ against it.

sutton111 · 24 February 2009 at 5:07PM

I made my first payment since 2001 in 2008, May.

There was NO CCJ. They are being dead awkward.

I have told them in my most recent letter I will be making offical complaints to OFT, but is there any point.

RAS · 24 February 2009 at 5:13PM

sutton

Can I just check, have you stopped paying?

Also, this is statute barred whatever they think as 2001 to 2008 is more than 6 years, even if it is December 2001.

So make a formal complaint to Crapquest and copy it into the trading Standard closest to their office and to the OFT.

Did your letter include a demand that they removed your details from their records? If so add the Information Commissioer as well.

sutton111 · 24 February 2009 at 5:19PM

Yes I have stopped paying now.

I have made a formal compliant, but they took a couple of days to look at their own information without checking what the actual default date was/is.

They purchased the debt in 2006 they tell, this doesn't affect anything does it?

RAS · 24 February 2009 at 5:24PM

Hi

It is the last date of payment of acknowledgement in writing. The default date may be later than this.

It matters not a jot when they purchased the debt, other than to suggest that the then owner had already decided it was unenforceable anyway.

Did your Statute barred letter refer to teh data Protection act?

sutton111 · 24 February 2009 at 5:27PM

Yes I got it of the NDL website Sample letter H.

No I haven't got the last date of payment to M&S, but it isn't showing on my credit file.

RAS · 24 February 2009 at 5:37PM

if the debt is no longer on your file, then it is over 6 years old, as they drop off after that.

I would add the Information Commisioner into your list of people to whom the complain.. The others are pretty toothless but the IO can fine them.

Given the row in Parliament, I would consder contacting your MP as well.

sutton111 · 24 February 2009 at 5:40PM

RAS wrote: »

if the debt is no longer on your file, then it is over 6 years old, as they drop off after that.

I would add the Information Commisioner into your list of people to whom the complain.. The others are pretty toothless but the IO can fine them.

Given the row in Parliament, I would consder contacting your MP as well.

Thanks for your advice.

lynneand1 · 26 February 2009 at 2:48PM

RAS wrote: »

Just posting a couple of links - will reply later.

For Scottish law have a look here as it is quite different. http://www.nationaldebtline.co.uk/scotland/

I ma not sure this is the right letter until we sort out a few other bits.

Firstly, you will find that ist says the case will be considered by their solicitors and MAY lead to a, b and c. All of which are technically possible under E&W law but a long way down the line and very unlikely. IF these are not options in Scottish law you need to complain to the OFT as it is against the rules to threaten people with consequences from the wrong legal system.

The actual document is too long, so I will post the link:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

All this worries me as Lowlife and crapquest both specialise in buying old and unenforceable debts.

How long was the period when you were not paying these debts?

Hi RAS thanks for replying and for the links soprry i have not replied earlier i have been up to my eyes between 1 thing and an other! I am unsure of the exact date of mty last payment but i see it is 5 years in Scotland(does that mean if you live in Scotland and are owe to a scottish company or does it include living in Scotland and owing an English company money?) How can i find out when i last made a payment? I know for a fact i have never paid a penny since Littlewoods defaulted the account/s but before i started struggling i was paying my monthly statements regularly! I will also be reading the links you gave me and i will report Capquest if the letter they sent me doesn't apply in Scotland as to me there wording is just plain wrong & nasty!
Also my mum has also recently started paying a debt that was 7-8 years old again to a debt company! So before she started paying the debt again in September 08(for a sofa she got) it was over 5 years old and she got pestered so much by them she gave in and is now paying them £20 a month! So is it no longer a barred debt as she has started paying again? Or does that not matter as over 5 years have passed since her last payment or if it is still classed as barred is she entitled to the £100 back she has paid them so far? If the debt is barred and she is entitled to the money back how do we go about doing that!! Though do these companies refund the money or will she just have to put it down as a loss and pay them no more?
Sorry for the long reply, thanks again for your help/advice

Lynne x

Problems with CapQuest Debt Recovery Ltd

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