CapQuest Help

HomeSpun

Hello!

Please could someone help me clear this in my mind, I'm getting confuddled

I have searched the CapQuest/CrapQuest threads, but can't seem to find a specific answer for my query so I'm hoping you don't mind me starting a new thread.

CapQuest wrote to me regarding an old debt I apparently with a catalogue for around £800 (although this amount changes with each letter I receive - it's now up to over £900 in under a month ) I sent a CCA letter a couple of weeks ago and have today received a copy of a deed of assignment (which has the figure of the debt as the same as that of todays letter, which does not match any other letter iyswim) which states the debt was sold in early 07. No statement or CCA was included with this.

I have a copy of an old credit report from Experian which states that a debt for a similar amount defaulted in late 2001. I cannot remember the last time I heard anything from these people (either the catalogue or any of their monkeys) and know I haven't received anything for at least 4 years, but am hazy as to when I did last pay/get letters etc. Is the default date the last payment I made if it is my debt (if that makes sense). It also states on the Experian report 'file updated for the period to early 2003'. Does that mean that is the last date I either was contacted or paid.

When they come through with the information I have requested, I shall put in an SAR which will provide me with answers, but for peace of mind I wondered if I didn't already have the answers.

The letter accompanying the DOA requested that, should I have any of the info I requested, could I please send it to them :rolleyes:. Why would I ask for info I already have :rotfl:

Thank you in advance

HS x

RAS

Hi

please hold fire on this. The debt is probably staute barred - if you have not paid anything gofor 6 years or more and have not otherwise acknowledge the debt in writing. it does not matter when the creditor last contacted you.

This means you do not have to pay even if there is a valid CCA.

HomeSpun

Thank you. That is what I am thinking, but I really can't remember! Do the dates on the Experian report give any indication when that might have been (default: 12/01, updated 03/03)? I'm assuming the default date is the last time I paid. I'm 99% certain I have had no contact with them since then, but as you can see the dates are close to the 6 years. Why would the file have been updated in 2003? Does that mean contact was made or is it just a random date that the file was updated, for no particular reason?

I am as confused as this post makes me out to be lol

ETA - I did include the line "I do not acknowledge any debt..............." in my CCA letter.

RAS

You most likely defaulted some time before the 12/01 date.

On that basis the debt became statute barred prior to 12/07, which is consistant with the debt being sold off as a dead loss in early 07.

HomeSpun

I could hug you - thank you

fermi

I have to agree with RAS. This debt appears to be statute barred.

From a previous thread:

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.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

RAS

HomeSpun wrote: »

I could hug you - thank you

We are known as huggies or huggers elsewhere on MSE. Think fermi deserves on too?

HomeSpun

Of course - (((hugs fermi)))

I'll hug anyone, me

Seriously - thanks to both of you for putting my mind at rest a bit.

HomeSpun

OK - another letter from Capquest this morning, again including a copy of a deed of assignment (I assume it's a DOA - see last paragraph) and a letter from them stating that if I do not make contact or pay the outstanding sum by 28/10/08 "your account will be passed to our solicitors" blah blah blah. No credit agreement and no statement of account - simply a DOA and a threatening letter :rolleyes:.

The CCA letter, and £1 postal order, was dated and posted recorded on 10/10/08, signed for on 14/10/08 - when do I need to send the 12+2 letter (30th October?) and do I need to reply to this letter pointing out that they have not sent the required information or shall I just wait and send the 12+2?

The 'DOA' is slightly different this time (different font, slight change in wording) and simply comprises a letter from SD (calling themselves International Collections Group Ltd) on SD headed paper to me saying they have sold the 'debt' on, although it is dated the same day as the first one (15/10/08).

Thank you

stapeley

Some of the notices of assignment are a bit dodgy to say the least . You could request that you need a copy of the orginal notice of assignment that was sent to you by the OC .

HomeSpun

Thank you

Are DOAs and NOAs different then? Is what I have rec'd an NOA? The letter I sent requests an NOA - should I have requested a DOA?

Is it possible they are trying to bluff me as it may be statute barred? (Not confirmed as such - just a possibility).

When should I send an SAR - I think I need to see all info regarding this as I have no idea what is going on!

Thank you