Problems with CapQuest Debt Recovery Ltd

lynneand1 wrote: »

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?
Lynne x

She needs to stop paying them immediately.

She cannot reclaim the nmoney as the legal position is that she still owes the debt but that it is unfair to pursue her once she tells them she is no longer paying.

Re the pestering, she might have a better case, although some of this might be English.

There was a successful private prosecution under English law for haressment and the OFT have given a really nasty DCa a complete going over. The latter may be more use to your mum.

Did she get any letters from this company?

Sorry just bumping this up as i posted late on saturday night and i think it has been pushed down!;)
Cheers
Lynne x

Hi wondering if anyone can read through my previous posts on this thread and advise what the next course of action is for me and also what my mum is to do now that she has stopped paying her debt again?
Many thanks for any help/advice.

Lynne x

Nicked from fermi

Send the relevant letter (depending on where the account was first taken out) by registered post.

Refuse to answer telephone calls, and once this is signed for advise them that calls are being recorded to support a complaint to the OFTetc.

Statute Barred debts.

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

England/Wales.

Quote:
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

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

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "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".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other
Scotland.

Quote:
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Ref: xxxxxxxxxxx

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

I/we would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished..."

I/we would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that:

"It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last written acknowledgement/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Part 1 Section 6of the above Act, I/we suggest that you are no longer able to take anycourt action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that:

"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".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully






Mrs A N Other