Capquest- Littlewoods Finance Company Ltd

cheqmate06

Hello
Having moved out of my parents address in 2002 i changed my correspondance address for all my mail. Last week i received a letter from capquest on Behalf on Littlewoods regarding an outstanding balance of £206.00 which i am informed is for a catalogue which i had a number of years ago.
I contacted caqquest and they were extremely ignorant and sharp when dealing with my query and made me angry to say the least. They say that numerous letters have been sent and that i should pay up immediately. I was prepared to pay a reduced settlement figure but then read about the six year rule and that the debt may be statutory barred. Asked the girl on the phone about this and she said that was correct and that they can't take through court but can still attemept to collect.
Does anyone have the foggest idea what this means?
The girl then said she would put this on notes and that she would get someone to ring me back yet did not ask for my new address or contact telephone number.
Any advice would be most helpful.

Cheqmate06

rog2

CRAPQUEST don't get many awards for the quality of their customer service. :rolleyes:

IF a period of six years has elapsed, during which time you niether made any payment towards the 'alleged debt' nor acknowledged it in writing, then it is more than likely to be covered by the terms of the Limitation Act, 1980 and will, therefore, be Statute Barred. This means that, once you have informed CQ that you will not e making any payment towards the debt as it is Statute Barred (the ONLY reason you need give) then they can no longer pursue the debt through the Courts and should cease any further attempts to pursue you for payment.

For an overview of 'Liability for Debts and the Limitation Act' click on the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Don't worry about what you said on the phone - acknowledgement must be in writing.

Also, have a look at the section on Statute Barred Debts in the OFT Debt Collection Guidelines, to which CQ should, but seldom do, adhere:

www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Hope that helps. :beer:

rog2

cheqmate06 wrote: »

Asked the girl on the phone about this and she said that was correct and that they can't take through court but can still attemept to collect.

What she 'meant' is that whilst the debt maybe, indeed by saying what she said is virtually an admission that it is, Statute Barred the debt is not written off and that they can still ask you if you would 'like to make a payment towards it'.

And that's ALL they can do. You are perfectly entitled to say no.

Send them the template letter that you will find in the NDL link and they should cease ALL contact with you over this debt.

cheqmate06

If i decide to pay it off how long would it stay on my credit file for?
The same as above, if i decided not to pay it off, how would this affect my credit file? (Not that it hasn't done so already)

rog2

cheqmate06 wrote: »

If i decide to pay it off how long would it stay on my credit file for?
The same as above, if i decided not to pay it off, how would this affect my credit file? (Not that it hasn't done so already)

It shouldn't even be on your credit file. If a default was entered back in 2002/2003 it would automatically 'drop off' of your credit file after six years.
My guess is that there was a 'default' registered in 2003 - Debt Collection agencies trawl the credit reference agencies looking for defaults that are just about to expire. They then 'purchae' the debt, often for just a few pence in the pound, and go after the 'debtor' in the almost certain hope that the debtor is unaware of his/her rights under the terms of the Limitation Act, and will simply pay up to get CQ off of their back.
A creditor/dca can not enter a default once the debt becomes Statute Barred.

honeypie2009

i had the same problem with capquest (littlewods debt - was in my name but my bf use the account) they call me every 6 months or so they bought the debt about 5 1/2 years after default and 2 years on i get a letter or a call every 6 months or so, i just bin them

rog2

neil2102 wrote: »

hi
not sure how to use this or how it works as im have lots of trouble with capquest too...
five or six years ago they say i had an account with littlewoods,in my name but ex wife used it, 6 weeks ago i recived a letter from capquest reqesting payment of £1.500,i replied saying that this debt was paid off by a secured loan company,as this was 5 or 6 years ago i have no recipte of payment as i have moved away as im now re married but they say its in my name so i need to pay it .
really dont know what to do ...
any advice would be welcome

thanks
neil

Hi neil - first of all, I can not see how your ex-wife could have 'used' the account 'six weeks ago' if the account had been paid off. Personally I think that this is a 'scare tactic' to try and prevent you from claiming that the 'debt' (if, indeed, any 'debt' exists) is Statute Barred.

However - the onus is on Capquest to prove that the 'debt' exists and is, in fact, pursuable and legally enforceable.

First advice - DO NOT PHONE CAPQUEST - keep any correspondence in writing only, and do not acknowledge any det to them.

Instead, send the 'prove it' letter that you will find in post#3 of the following thread: http://forums.moneysavingexpert.com/showthread.html?t=963087

Let us know what their reply is, and we will suggest your next course of action.