Capquest - SD for bankruptcy- out of date?

mistrey

Hi i'm typing one handed so apologise for bad typing.


In 2008 they somehow got hold of my phone number and started ringing me up to 4 time a day. I wrote to them asking to see proof that I owe them this money. They sent me back an a5 sheet of paper with the words "Ultra short application form" with nno terms ancd coditions in sight, on which although had my details was not signed by myself (different signature). I wrote back stating that this was not a valid credit agreement, it was an application for credit, that I didn't admit liability for the debt and therefore I didn't intend to pay them a penny. I also informed them that if they continued to ring me I would consider it harrassment and make appropriate complaint to OFT etc.

For about a year they left me alone, however for the past 9 months or so they have occassionally rung me and i have told them to go F themselves.

I have this morning received a letter from Capquest stating that they sent me a Sd for bankruptcy in july 2008 for a debt of £900, which I haven't responded to, so they are going to have one served on me. I didn't receive any such thing. The debt was first defaulted in the beginning of June 2004.

Am I right in thinking that they are just chancing their luck for the following reasons:
1) it is an unenforcable debt
2) it is statute barred as it is now out of time, There is no CCJ, and I haven't admitted liability for the debt or made any payments.

I am slightly conderned as I went onto the NDL website and in the letter on this page: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act


It says this: Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

Now obviously I have contacted them, but only to deny the debt and too find out what debt they were talking about, plus to see if it is an enforcable debt (which I believe it isn't). Where do I stand, does anyone have any ideas?

mr.ton

Typical sleazy behaviour from these rogues.
Report them to the OFT & trading standards.
They are just trying to frighten a payment out of you.
If they make you BK then they'll get what they deserve - sweet fa.

bottleofred

I see capquest are trying to take a leaf out of McKenzie Halls book and trying to con people into making a payment. Thankfully you are aware of the statute barred rules and were smart enough not to pay them anything before or after the 6 year period. You should definately report them!

DarkConvict

Once statute barred always statue barred.

Simply send the NDL template or the template we use here - http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227

mistrey

Hi people,

That's what I thought. Thanks very much. I'll send the letter and continue to ignore them.