I feel absolutely terrified

stick678

Hi
I'm glad I've found this forum, I hope I can get some sound advice here and by reading through a few posts I'm sure I can.

My mother in law phoned me last night to say someone had phoned her house asking for me (by my maiden name I think - she wasn't sure). Anyway the woman who phoned mentioned a previous address so my MIL didn't give her my number or anything. She took the woman's number and name and gave them to me.

I've googled it and it turns out to be Cap Quest. I'm now sick to my stomach. About 15 years ago I was not the sensible person I am now and ran away from my problems, including an abbey overdraft (albeit it less than £1000), some unpaid council tax and a BT bill. There may be more I honestly do not know now.

My husband is employed and we struggle to pay our mortage and bills etc, I am self employed but have a baby and toddler and haven't been able to work as I should and need to close my business as not making profit - it has no assests and I am able to close without going into debt.

I don't know what to do - I've read a few posts about Cap Quest and think I should not phone them but do not want my in laws to be harassed by them as MIL is recovering from cancer and FIL is disabled. We have been through enough with the loss of our first baby son 3 years ago and I don't think I can cope with any more stress now I've just started to get my confidence back. But I don't think I can bury my head in the sand either as I have children now and I didn't sleep last night worrying.

Any help or advice would be so greatfully received.

Many thanks

fermi

Assuming there is no CCJ on these debts, then if you have not acknowledged them or paid towards them for over 6 years they would be statute barred and so legally unenforceable.

See this link:

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

Council tax works a little differently, but the above link explains that as well.

MrsTinks

the good news is most debts from over 6 years ago will be statute barred... the bad news is you said council tax... most councils obtain a liability order within the 6 year limit... this would make the debt enforcable and pretty serious... Cap Quest are pretty nasty I'm afraid and the only way to make them stop hassling your parents in law now they know they know you is to let them know where you are... If she'd denied knowing who you were they might have thought their lead was another duff...

MrsTinks

darned you fermi - my typing is so slow with a baby on my lap lol

savingcaz

First of all a big hug for you!

I don't think you can really not call them as if you don't they will continue to call your MIL and will possibly if they have their address start sending ppl round. If you MIL had said sorry i don't know anyone of that name it would of been different.

I think the best thinkg you can do is phone them and explain your situation and make a realistic offer of payment - if you can only afford £1 a week then so be it.

Hope you get it sorted

(((hugs)))

savingcaz

I didn't know that about the debt! will that go for Student loans too? i've not earned enough yet to pay SL back and prob won't for at least another 4-6 years due to only working pt till my baby (and number 2 when we have him/her) go to school.

MrsTinks

Don't offer any payment!!! you need to find out if it's an enforcable debt they have first... anything without a liability order or CCJ that you haven't paid or admitted is yours in over 6 years is barred. Paying it is not a priority and crap quest can't legally chase you. Send them a letter and make sure they don't have your number - or when you call do so from a PAYG disposable mobile sim

fermi

savingcaz wrote: »

I didn't know that about the debt! will that go for Student loans too? i've not earned enough yet to pay SL back and prob won't for at least another 4-6 years due to only working pt till my baby (and number 2 when we have him/her) go to school.

Depends on the type of student loan.

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

Student loan agreements are simple contracts and this gives the Student Loans Company (SLC) six years from the date you last paid or acknowledged the debt to go to court to enforce the agreement. There are two sorts of student loans and different rules apply depending upon when you took out the loan.

Old style student loans

Old style or 'mortgage' student loans are consumer credit agreements. Payments cannot automatically be deducted from your wages. The SLC has to go to court before they can enforce the debt against you. This means that the Limitation Act can apply if you have not paid or acknowledged the debt for over six years.

WARNING
Asking for the loan to be deferred would count as acknowledging the debt and start time running again.

New style student loans

From September 1998 new style or 'income contingent' student loans include rules to say that repayments will be automatically deducted directly from your wages or through your tax return if you are self-employed. This means that the SLC are still allowed to take money from your wages for a loan over six years old as they do not have to go to court to do so.

MrsTinks

savingcaz wrote: »

I didn't know that about the debt! will that go for Student loans too? i've not earned enough yet to pay SL back and prob won't for at least another 4-6 years due to only working pt till my baby (and number 2 when we have him/her) go to school.

Student loans are only payable once you earn over a set amount - So I would think it's still payable. Different kettle of fish....

ruthha_2

Most of your debt will be time barred. The link below will help with sample letters to send to Cap Quest. I feel sure once you send the letters to them they will then leave you alone.

Dont worry the CAB are only a telephone call away and its free.


Good luck in the future.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

eg.
Letter M - Dispute your liability for a debt where a creditor has not contacted you f

Dispute your liability for a debt where a creditor has not contacted you for over six years

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006

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


Dear Sir/Madam

Acc/Ref No 4563210025897412

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

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.”

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully
Mr A N Other Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due.
The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt.
Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment.
The relevant law is contained within the Limitation Act 1980.

In respect of bank charges claims or PPI claims, you have 6 years to claim from the date on which you could reasonably have discovered that you should not have been paying the money.
For bank charges claims you can claim as far back as 1st Jan 1995.

Debt collection library




Letter N - Ask your creditor for a copy of your credit agreement under the Consumer C

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006

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

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

the_cat

NB
If you send any letter to them, DO NOT SIGN IT

The sneaky bar-stewards are likely to transpose it onto a CCA agreement.


I kid you not.....!