Capquest Advice??

turraloon

My partner has received numerous letters from Capquest for an outstanding loan (£6k) from a bank when 7 months pregnant, which left her extremely worried with their demanding letters. They offered her a settlement figure etc....she began paying a certain amount each month for past 8-9 months (thinking this was the best option at the time) but received a letter in recent weeks saying the DD payments had been stopped...not by her, but by Capquest...

She believes this to be as a result of a relationship in the past where her then partner took out a loan and has defaulted in the payments (up to 7-8 years ago)...

Is there any way we can contest this and are they legally obliged to supply any information on this debt??

Or has the payment of a small amount an acknowledgement of the debt which she must pay??

If the debt must be paid, are they required to provide and annual statement on the amount outstanding??

Also, are they obliged to provide a receipt of full payment of any debts settled??

GeorgeUK

If at any time there was a period of 6 years (5 in Scotland) where no payment had been made towards the debt or written acknowledgement of the debt, then the debt will still be statute barred. Making payments to a statute barred debt does not alter it's status - it's still statute barred.

If the debt is not statute barred, she could request a copy of the credit agreement. They would have 12 working days to provide a copy of the agreement or the debt would be unenforcable - until a copy of the agreement is supplied. (This is why we so not advise putting your signature on anything you send to a debt collection agency).

There are templates available for both the statute barred letters and the CCA request.