We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
hl legal solicitors capquest help
Options

thinisaz
Posts: 35 Forumite


Good afternoon,
I am really after some advice on what to do in a situation that has arose.
I have recieved a letter from capquest investments ltd regarding a debt with alliance and leicester persinal finance with a balance of £1106.
it states, after the above details.
'capquest recovery ltd has appointed this firm (hl solicitors) in the above matter, following your failure to respond to their letter of 26 may 10 (i do not recall a letter either).
'take notice that unless this account is paid in full or a satisfactory proposal for settlement is recieved by 23 june 10 court proceedings may be issued against you without futher notice'
in the event that court proceedings are necessary the following costs will be added to the debt.
balance £1106
court costs £65
Solicitors costs £80
TOTAL £1251
interest where applicable will also be added, accruing on a daily basis.
I honestly and genuinely have no recollection of this loan so called them up..
here is a break down of what they were able to tell me.
-loan was taken out on 21st may 1997 (they do not know how much for or exactly how).
-last payment was made on 18th may 2001 for £10
-they purchased the loan from A&L in 2006.
now there is a possibility after scanning my brain that the loan was from lombard direct but other than that i am at a loss as to if it was or not... that MAY have been around that date but i was sure it was paid as i took the loan out over just a year.
Anyway, where do i stand on this... from a brief reading on here it seems that because the loan (last payment) is over 6 years old then they cannot take this to court, so the bit about court costs etc is a scare tactic??
what ammo can i use against them in a phone call, exact wording of legal terms of what they cannot do would be great.
As (from what i read) they cannot take it to court or enforce it as such, can they turn up at my home and start taking my furniture? (i know it sounds like i have answered this by the not being able to enfore it bit but i want to be sure).
What advise do you recommend for me please.
I am really after some advice on what to do in a situation that has arose.
I have recieved a letter from capquest investments ltd regarding a debt with alliance and leicester persinal finance with a balance of £1106.
it states, after the above details.
'capquest recovery ltd has appointed this firm (hl solicitors) in the above matter, following your failure to respond to their letter of 26 may 10 (i do not recall a letter either).
'take notice that unless this account is paid in full or a satisfactory proposal for settlement is recieved by 23 june 10 court proceedings may be issued against you without futher notice'
in the event that court proceedings are necessary the following costs will be added to the debt.
balance £1106
court costs £65
Solicitors costs £80
TOTAL £1251
interest where applicable will also be added, accruing on a daily basis.
I honestly and genuinely have no recollection of this loan so called them up..
here is a break down of what they were able to tell me.
-loan was taken out on 21st may 1997 (they do not know how much for or exactly how).
-last payment was made on 18th may 2001 for £10
-they purchased the loan from A&L in 2006.
now there is a possibility after scanning my brain that the loan was from lombard direct but other than that i am at a loss as to if it was or not... that MAY have been around that date but i was sure it was paid as i took the loan out over just a year.
Anyway, where do i stand on this... from a brief reading on here it seems that because the loan (last payment) is over 6 years old then they cannot take this to court, so the bit about court costs etc is a scare tactic??
what ammo can i use against them in a phone call, exact wording of legal terms of what they cannot do would be great.
As (from what i read) they cannot take it to court or enforce it as such, can they turn up at my home and start taking my furniture? (i know it sounds like i have answered this by the not being able to enfore it bit but i want to be sure).
What advise do you recommend for me please.
0
Comments
-
loan was taken out on 21st may 1997 .
Tell them to BOGOF!! send the template letter below:
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I 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.”
I 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”.
I 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.
I look forward to your reply.
Yours faithfullyClick here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Yes statute barred debt as posted send in the template letter - They are bluffing - scare tactics..!!"£$%^&*()0
-
I have also received one of these letters from good old Capquest...
Funny when reading through these threads how the same company names keep popping up again and again...0 -
thank you 10past6 that is great news..(i have thank ticked your post). i will get on that now.
Should i send it recorded? also why would a solicitor send a letter saying they are/might bring legal proceedings against me? would capquest just tell them theres a debt and not give dates etc as surely a solicitor should know they cannot legally take this to court.
do you think they will try and bluff me back or continue with a letter or two?0 -
Registered post is cheaper and still has to be signed for.
HL legal is part of Crapquest.unless this account is paid in full or a satisfactory proposal for settlement is recieved by 23 june 10 court proceedingsmay be issued against you without futher notice'
The operative word here is may. This gets round the OFT rules about mnot threatening action unless they intend to take it.
Plus, if they started court proceedign and you failed to defend the case, they could get the CCJ. However the only defence you need is the Statute of Limitiations.
Also until you advise them in writing that you are not paying, they are legally allowed to ask you to pay.
Once the letter is sent, they are stuffed and you can complain to the OFT if they try again.If you've have not made a mistake, you've made nothing0 -
i have recieved a reply from them.
we thank you for your correspondence and respond as follows.
Pleased be advised this account is on hold and under investigation.
yours sincerely
collections administration department.
so what does this mean then? I kind of expected a 'ok then, sorry to have bothered you' type of reply.
thanks0 -
i have recieved a reply from them.
we thank you for your correspondence and respond as follows.
Pleased be advised this account is on hold and under investigation.
yours sincerely
collections administration department.
so what does this mean then? I kind of expected a 'ok then, sorry to have bothered you' type of reply.
thanks
I have receved the same reply, have you heard any thing else from them yet, i was just wondering what is going to happen now.
Peter0 -
Never heard anything again since the 'on hold' letter.0
-
Never heard anything again since the 'on hold' letter.
When I eventually heard back I got a nice apologetic letter saying that after they had examined the case, they found it to be statute barred and that my file was closed. If I wanted I could call them to discuss any issues that I might have. :rotfl: Yeh Right.
Just be patient, If they had anything to go on you would have heard from them by now. You could chase them, but the ball is in their court.
Regards, handy.Mother Nature Don't Draw Straight lines, We are Broken Moulds in Life's Grand Design, We look a Mess but we're doing fine,
Life Long Card Carrying Member Of the Union of Different Kinds.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.2K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.2K Work, Benefits & Business
- 599.2K Mortgages, Homes & Bills
- 177K Life & Family
- 257.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards