CapQuest Troubles

RichardBooth

Hi, not sure if this is precisely the right place to post this, as I've only just joined, but...

Earlier in the year, I set up a repayment plan to pay off a debt which I had owed Halifax, but had been brought by CapQuest. At the time, I found them somewhat rude and pushy, and foolishly allowed them to talk me into paying a higher monthly ammount than I could strictly afford. The person on the other end of the phone even suggested I ask friends or family for the money - something I now know to be dodgy, but merely irritated me at the time.

Shortly after making the agreement, I lost my job, and have subsequently fallen behind on the payments, which, if they seemed step at the time, are unworkable now I have no income. Which has prompted me to look further into this debt; I checked my credit report, and found no trace of it (although it *was* a genuine debt). Totting up the approximate dates, my last contact with halifax re: this debt would have been around five or six years ago, which suggests it may have been statute barred in any case. I'm not absolutely sure about the dates, only the ballpark numbers, but would this fit with the debt having not showed up on my credit report, does anyone know?

I now know to ask for a copy of the original singed credit agreement (which wasn't something I knew to ask for when CapQuest first contacted me). But, my question is now this - if the debt *was* statute barred, would that have been reversed as soon as I agreed to pay it off with CapQuest, or should it still stand? If (provided the dates check out) it's statute barred regardless, what information, besides the CCA would I need to ask for in order to work out the situation?

I have told CapQuest that I need some time to properly work out what I can afford to pay now I've lost my job, but they've ignored my letters to that effect (I refuse to talk to them on the phone, because I find them so obnoxious and unreasonable). They are now threatening me with court action.

if someone could advise re: the possible satute barred issue, that would be much appreciated, as I'm not entirely sure how it works. Also, if someone could let me know where I could find a template letter to send, re: the CCA (and, if applicable, the info I'd need to ascertain the status re: statute barring), I would be very grateful. I'm assuming they will want an adminstration fee for providing the CCA, so what would a legally acceptable fee be deemed to be? Ideally, I want to send the legally accepted fee straight away, so there's no going backwards and forwards with them. If I need to ask for any other info, should that be included in the same fee?

I need to send a letter off to them fairly quickly, as their letter only gives me about a week.


Thanks in advance

GeorgeUK

If you had made no payments towards the debt or acknowledged it in writing for 6 years (5 in Scotland), then the debt is statute barred. Once a debt becomes statute barred, it reamins so - even if you make payments at a later date.

You may be able to send a CCA request (£1 fee), but the account would need to be a credit card or loan - an overdraft wouldn't have a CCA.

You may be able to send a subject access request (SAR - cost £10) to get a copy of your correspondence and transactions from Halifax - this should hopefully allow you to see when the last payment you made to them was and if the debt is actually statute barred. You should also be able to see if there are any penalty charges that you can claim back.

RichardBooth

Thanks, George. If I remember rightly, the debt is on a credit card I had with Halifax, and not the current account. I'll check their original letter to be sure, though. If it does turn out to be my former current account, then what should I do? Also, if CapQuest have purchased the debt from Halifax, do I need to approach Halifax directly for account info, or would they have passed this on to CapQuest (figuring they wouldn't have much use for such info if they've sold the debt on to someone else)?

GeorgeUK

Alot of the time they don't pass the paperwork on so it's best to go to the source.

You should first find out whether the debt is statute barred or not - same rules apply no matter what type of account. You can reclaim penalty charges from both, bit you may need to set up a repyment plan if it is an overdraft and not statute barred.

RichardBooth

Well, they received my formal request for a copy of the CCA on the 6th, along with a copy of a letter I had previously sent them asking for a reduction in monthly payments because of a change in circumstances. So far, they've replied to say that they've asked Halifax for the CCA and will forward it once they have it, and another letter to say that they've accpeted my new offer of £20p/m (with some guff about it now being a closely monitored account, certain litigation if I break the agreement etc.). Still no sign of the CCA, though. If they received the request on the 6th (it was special delivery, so I know they did), when does the deadline end? Basically, not sure whether to include Saturdays or not, but, in the interests of fairness, I'm currently not. And, once the deadline is up, and if I still haven't received the CCA, what should I do next? Does anyone have experience of having asked CapQuest for a CCA and failed to receive it? Here, I'm wondering if they're likely to play up, even if they haven't provided the CCA, because my housemate noticed one of their letters and was a bit worried about bailliffs etc...

GeorgeUK

CCA deadline - received on the 6th means they have 12+2 working days. If you don't hear anything on Monday 26th or before, they will be in breach of the act.

I think you should definately send a SAR letter to Halifax to see when the last payment or acknowledgement of the debt was. If it was 6 years between the last payment to Halifax and acknowledging the debt with the DCA, then the debt will be statute barred.

After the deadline, you shoulld send the 12+2 day letter.

I guess what happens next depends on whether the debt is actually statute barred or not, if they can provide the CCA - or if it's just a reproduction they provide, and what your objectives were to begin with.

RichardBooth

OK, so, assuming they don't send the CCA, what would that effectively mean? Would it mean they can't ask for the money, or simply that I wouldn't be obliged to pay it? Or something else?

Where will I find this 12+2 letter?

RAS

if the debt is defaulted already, then there is nothing they can do to enforce the debt if you decide not to pay.

RichardBooth

Ah, I've just realised - if their deadline to respond is the 26th, that explains why they're wanting a payment on the 27th. To give me no time to respond to their failure to provide the CCA, and to threaten (again) with legal action, presumably.

If it hasn't turned up tomorrow, what should I write back with?

RichardBooth

Well...

As it turned out, the CCA indicated that the debt was indeed statute barred, so I chose to not to continue repaying it. I'm wondering, though, if it became 'unbarred' when I first made a payment to CQ? They've since referred the debt to another collector (BPO - they've sent me two letters, dated 23rd of March demanding payment by the same date, and both posted days afterwards). I went to Beijing for a few months at the end of last year and, thinking it would be a permanent move, destroyed most of my paperwork. So, I'll need to obtain a copy of the CCA etc again - I assume I can ask for it as many times as I need to?

If the debt was somehow 'unbarred' when I made a few payments to CQ, can I argue that by threatening me with court etc. they had tricked me into thinking the debt was legally recoverable when it was not?

How should I proceed with BPO now?

thechippy

I could be wrong on this, but if you have not acknowledged / made any payment toward the debt for 6 years, then it's statute barred.

Making a payment after this time will not unbarre it.

Anyone feel free to correct me if I'm wrong - ta.....