capquest chasing me for a debt 5 to 6 years old.

Hannah_10

PS did you know you can get SECOND CLASS recorded post. It's cheaper you know. I would advise it as money's tight. It's also a bit of a sod if the day you go to the post office is a Saturday!

fatbelly

mandjaz06 wrote: »

I took the advice of a similar thread on this site and sent off a statute barred letter last week. Believing it to be statue barred now that it was August. They have replied yesterday stating that the last payment showing on the account was for £5 on 25/4/2005 therefore the account is not statute barred

DCAs ALWAYS say this. They just make up a random date about five years ago and say 'it isn't statute barred' (probably four years in Scotland!). I'll be very surprised if they put that in writing - even more surprised if they come up with a full statement of payments to your account. Halifax will have just sold the debt, not all the paperwork that goes with it.

mandjaz06

Sorry, I didn't realise I had some more replies till I looked at the bottom of the thread and seen page 2...what a dunder brain!!!
Hannah, I actually have already been sending the letters 2nd class recorded haha. No way was I in a hurry to jump to them. I have also been getting my sister to hand write the letters to them to maybe show I have no money for a laptop let alone their ancient debt against me. That way it wasn't my writing either for them to forge in some sort of way.
Thanks for your post fatbelly. I wonder though how they knew it was a payment of £5 made on the date they claim. I was in a debt plan towards the end of not paying so £5 was probably the last payment they did receive off me via the debt plan. How would they know this without possessing any statements?

Hannah_10

Who says they know this? You are reading in intelligence that may well not be there.

Consider the possibility that they have had a wild stab at a figure just to make something up so they can say it's not SB... Then do a forum search... Amazing how many times a fiver crops up on debts that were otherwise thought to be SB.

Do not credit them with any powers, knowledge or intelligence they have not proved in writing, using documents that aren't dodgy. They rely on you doing this, it's what scared people do, thinking the scary person has more power than they do. Have you noticed how every violent ex is always a psychopath? (When in fact something like 1/10,000 actually are) It's the same phenomenon. When people are frightened they conceive of much worse than is there, it's evolutionary, it ensures you run away from the shadow moving behind that rock (just in case it's a sabretooth), it does not let you have a look to find out the shadow was really a rabbit!

Fortunately for you (unlike sabretoothed things) there is absolutely no risk of harm in taking a good hard look before you react. In fact your right to see everything they've got is enshrined in laws (plural).

Hannah_10

mandjaz06 wrote: »

I have also been getting my sister to hand write the letters to them to maybe show I have no money for a laptop let alone their ancient debt against me. That way it wasn't my writing either for them to forge in some sort of way.

Fear, sabretooths and rabbits again!

You're trying to second guess them and you (being a human being) are applying human being logic. Forget it, they are a machine. A well tried mechanical system of standard letters and an auto-dialler. They aren't human and your personal circumstances don't affect them. Just numbers. You're not a person you're an inconvenience standing between them and a profit. They would have you starve shivering in threadbare clothing in a cardboard box or rocking back and forth on a psychiatric ward if made them a few quid so forget everything you know about reasonability and play them like a game instead.

Read as many threads here as you have time to and start learning how this system works, because quite unlike normal people and companies which might respond to a little humanity, DCA's will use it against you. I have earned to right to claim to know what I'm talking about on this one. You don't wanna know how cruel they will be if you supply them with any hint of your vulnerability. After all, they rely on your emotions, it's how they get thier money without any real powers.

Learn the rules and divorce yourself from this process emotionally. From now on deal in facts, rules and processes. You can learn them all here if you spend the time.

mandjaz06

You are right there Hannah. I suppose the £5 sum could be pulled out from thin air. Just can't help think about the worst. I must admit since looking on these threads and having all the lovely reassuring replies on my own thread, I am not fearing so much as I was.
I hope the sinking feeling in my stomach fades in time as a letter drops on my mat from them. They cash in on fear and my fear they aren't going to get a penny from. Good morning btw

saltnvinegar

Hannah - do you not need sleep?!

Mandjaz -

"Just can't help think about the worst"

"I hope the sinking feeling in my stomach fades in time as a letter drops on my mat from them"

That is exactly what they are banking on and is one of the few things they have as leverage. The reality is they have no more rights and powers over you than Batfink (showing my age).

Don't let them grind you down!

Get that SAR sent out. That will give you 40 days breathing space.

You could also use a belt and braces approach and also send a CCA request if you want.

This will do a couple of things:

1) It will show them you know your rights, are getting some advice (and they won't know whether its here, another forum or legal)

2) They will know that if they do not provide an enforceable agreement then you will immediately put the account into dispute which makes collection for them very difficult if not impossible

As a business they are then likely (unfortunately for those people who have not found this board yet) to pursue easier prey (and I use that term because that is how they will view it).

Take a deep breath and relax because the ball is really in their court to prove anything and until they do you have to do nothing!

SNV

mandjaz06

Thanks again SNV.
I am still awaiting a reply from them after requesting a CCA and also proof of payments made that make this debt enforceable still and not statute barred. I only just posted it on Saturday so they still haven't received it yet. I am aware to allow 12 days + 2.
Going by other threads involving CRAPQUEST, the standard letter usually is sent out stating they have put the account on hold and to allow 28 days. If I receive that then where do I stand as they would have gone over the set time given?
I have been able to smile and feel happy today so I am slowly toughening up

mandjaz06

Good morning. here is an update. Hope someone is around this morning to clear some things up with me.

After sending off cca request. I have now heard back from crapquest. They have included in the letter the notice of assignment from halifax and also a statement of account. Notice of assignment is dated 10/11/05 and the statement of account starts from that date too. So is this statement of account with only interest charges showing a statement from crapquest or is this supposed to be from halifax? The statement of account only starts after they take over it so bit confused there.

Here is the letter they included -

We thank you for your recent correspondence and can confirm that we have ordered documents requested and will forward these to you as soon as received.

I gave them 12 days to provide this so what happens now and why havent they put my account on hold do you think?

They haven't provided me with any cca, no proof of payment made either that proves this account is not statute barred which I requested proof of. Hmmm, was expecting the standard letter stating my account was on hold but this has threw me off a bit.

Any help appreciated. Thanks.

Broken_hearted

You follow the CCA timescale ignoring any irrelevant crap they send you. The account goes into dispute and they lose.