Capquest Debt Recovery? Can Anyone Help?

icpoundsigns

Hi,

I received two letters the other day from a company called "telogram". My Mrs opened them for me and told me I had a telegram message waiting to be received and I needed to call a number and quote a reference no. Surprise surprise when I rang they told me they were holidng a letter for me from a previous address, however they got the address wrong I used to live in no 3b but they quoted 38! I therferore told them that I have never lived at 38 could they tell me who the letter was from. Unfortunately they could not open the letter due to DPA, fine I said, no problem, can you tell me the return address on the envelope? amazingly the phone went dead and I was cut off. Next I receive 2 letters from a company called Capquest debt recovery informing me that they have purchased 2 debts of mine from alliance and leicester. I rang them to discuss and opened the conversation by asking if the call was recorded. When they said it was I asked if they had any objection to me recording it should I need to use it for legal proceedings, once I had their agreement I carried on. I made it clear that I did not acknowledge the debt whatsoever and would like them to supply me with a copy of the original credit agreement to Alliance and leicester and also the signed deeds of assignment of this debt to prove its validity. They tried to confirm the dates of the account when it was opened last payments etc but I instructed them that verbal confirmaion was not what I requested I require it in writing together with the agreements. I would like to know where I stand. The last payments recorded on these accounts are in Jan 2001, by my reckoning in Jan 2007 the debt is not legally enforcable due to the statute of limitations. Also should they not supply the information again I believe the debt is not enforcable. They have now threatened to record a default on my credit file for this debt in the meantime. I am amazed they can do this as I have never defaulted on or entered in to an agreement with capquest, should it not be A+L who do this, and since the debt is nearly 6 years old can they do this anyway? I have also put my request in writing recorded delivery to both the capquest addresses. Any advice on what I should do. If I ackn owledge these debts then I have to pay back 4 grand to a DCA who probably only paid a few hundred quid for it which I do not agree with. Should I just weather the storm until jan 2007 or if they register a default do i then have to wait another 6 years for it to disappear.
HELP!!!!!!

bobbadog

I'll let the clever people help you with this, but just wanted to say that I found Capquest the most ridiculous company ever to deal with after they purchased my Capital One debt. The kept passing me from pillar to post, back to C1 and back again. In the end I paid nearly the full debt just to get rid of it. They weren't very pro-active in chasing me.

best of luck x

Emmzi

They won't leave it until Jan 07 if they have the paperwork!

If they cannot prove you owe it then you can contest in court and will probably not have to repay. But if they CAN prove it, you have to pay it or get CCJs etc.

Yes, they paid a few hundred quid for it - for every 10 they buy, maybe one or two will be recoverable. so they WILL and argueably SHOULD go after the full amount to maintain themselves as a viable business.

Do you owe £4k? are you disputing that? If not, you have a moral and possibly legal obligation to pay it, no?

This is not the 'avoid paying your debts' board... I'm sorry, but so many people want to know how to AVOID paying back what they have borrowed, it really makes me angry sometimes!

Anyway, end of rant.. that's the legal position as I understand it.

Xbigman

Capquest have bought the debt from A&L and as long as the paperwork is now with Capquest it is they that you owe the money to and will have to deal with. You need to send a letter to them asking for the original signed documentation to prove the debt is with them. Although you have requested this over the phone and have a recording you should not rely on that if it went to court. Courts don't like recordings and many are not admissable as evidence. If this does not arrive just keep repeating your request for it and ignore everything they send you until they try take you to court, which they need the paperwork for so in theory it won't happen.

Debts are statute barred after 6 years but it has not been 6 years so they can pursue you for the debt. That 6 years is six years with no contact and you just contacted them before 6 years was up, so forget the 6 year rule as any sort of defence.

From your post I assume you do actually owe the money? Then the way forward is to make an arrangement to pay it off with Capquest once you have confirmation that they have the debt.
Regards



X

icpoundsigns

Do you owe £4k? are you disputing that? If not, you have a moral and possibly legal obligation to pay it, no?

This is not the 'avoid paying your debts' board... I'm sorry, but so many people want to know how to AVOID paying back what they have borrowed, it really makes me angry sometimes!

Im sorry if I have made you mad, not my intention, obviouslly with a debt 5 years old I do not know the exact amount that I owe, I also can not agree with morals with debt collection agencies who clearly have none. If I would have known there was a AVOID payin your debts board I would have posted it there instead, if you tell me where it is i will re post it to avoid making anyone else angry.
Cheers

icpoundsigns

I thought that if you contacted them to dispute the debt, that as long as you didnt acknowledge the debt then the 6 year rule still applies?

Let_Robinson_Sing

icpoundsigns wrote:

The last payments recorded on these accounts are in Jan 2001, by my reckoning in Jan 2007 the debt is not legally enforcable due to the statute of limitations. Also should they not supply the information again I believe the debt is not enforcable. QUOTE]

Unfortunately you have acknowledged the debt and it is irrelevant if you've not paid for 6 years. originally when you took the loan out you made payments therfore you've acknowledged it.

However they should send you out the credit agreement from the client

icpoundsigns

does this mean that even if the debt is acknowledged after 6 years with no payment it isn't legally enforcable, ie if I dont pay a further penny to capquest after jan they cant "legally" chase?

Let_Robinson_Sing

icpoundsigns wrote:

does this mean that even if the debt is acknowledged after 6 years with no payment it isn't legally enforcable, ie if I dont pay a further penny to capquest after jan they cant "legally" chase?

yep they can. it has been acknowledged, if you took out the loan on 1st of November 1999 didnt pay a singe penny ignored every correspondance from the company and just forget about the debt would be written off on 1st of November 2005 and they couldnt enforce anymore action. However because you've agreed that you have take out a loan (by paying) the debt will still be enforceable until the day you die (sorry to be morbid). even if you didnt pay anything to capquest they'll pass it to another DCA etc etc. possibly to court even.

Emmzi

It isn't so much about payment as whether you acknowledge you owe the money - you can pay nothing but admit you owe it and they will pursue you.

However 5 months is plenty of time for them to get a county court judgement against you - if they do this, then the statute of limitations does not apply and they can pursue indefinitley.

This is all explained in more detail on the payplan page I posted a link to.

icpoundsigns

okay, looks like i sjould pay this debt off then? As such, can they register a default on my file if i agree a payment plan and stick to it as they suggest. My argument is if i am willing to pay back a 5 year old debt why should I be punished with defaults on my credit file?