Please help... letters from capquest

wiggie23

Hello,

Few months ago, Capquest started to sent me letters regarding a debt(on behalf of Nat west).Few years ago, I lost my job and couldn't make the repayements.
I started to default in march 2004.
Last week, I received a letter asking "statutory demand of insolvency" to be completed, signed and returned to them.
Today, I received a letter saying..."The demand of bankruptcy which was sent to you have not been received...we therefore find ourselves with no alternative but to instruct our field agents to attend your address and personally serve the statutory demand for bankruptcy".

I have not pay anything to capquest or made contact with them.
I have not acknowledged the debt.
Capquest, apparently bought the debt in octber 07.

I have a few questions:

I would like to know if my debt is considered "status barred"?
The "6 years period" starts when? when you start to default with the creditor or when a debt is passed on to companies like Capquest...
Can they force their way into my flat?
How do you find out if a debt is status barred?
I also heard a debt is never "status barred" if there has been a CCJ against it?

Thank you for your help, as I don't know what to do. Much appreciated.

wiggie23

Could anybody help me. please?

Thank you

Mowgli87

Statute barred from date of default

dancingfairy

statute barred - is where 6 years have passed from the last date you made payment to them or phoned them or wrote to them (ie you confirmed the debt). It does not count if they have written to you. I believe it has to be 6 consecutive years but if you'd cleared that period and it became statute barred and then you suddenly decided to make a payment then actually the debt would still be statute barred.
Capquest are notorious for sending out statutory demands when they have no intention of making people bankrupt and I believe have been warned for their behaviour by the OFT. Now clearly I can't say for definite that they won't try and make you bankrupt but since they have a reputation for it I would be less worried about it.
I presume this is a debt in your sole name as if it was in joint names it would be more difficult to know if the other person had made contact and restarted the 6 years clock.
I hope one of the real experts comes along to help but it sounds very much like the debt is statute barred. Be warned some companies are known to invent payments to make sure a debt is not statute barred so check anything they say very carefully and verify it for yourself.
I would probably be inclined to send them the statute barred letter on here - hopefully some kind person can post a link and tell the debt colkectors to get lost.
You might want to also consider reporting them as well given I believe they are under investigation.
df
P.S I am referring to the rules in England not Scotland.
Also it is not from the date a default is put on your record but the actual date of default - sometimes companies don't put the default on your credit file correctly -another issue.

wiggie23

Thank you for your reply

wiggie23

dancingfairy wrote: »

statute barred - is where 6 years have passed from the last date you made payment to them or phoned them or wrote to them (ie you confirmed the debt). It does not count if they have written to you. I believe it has to be 6 consecutive years but if you'd cleared that period and it became statute barred and then you suddenly decided to make a payment then actually the debt would still be statute barred.
Capquest are notorious for sending out statutory demands when they have no intention of making people bankrupt and I believe have been warned for their behaviour by the OFT. Now clearly I can't say for definite that they won't try and make you bankrupt but since they have a reputation for it I would be less worried about it.
I presume this is a debt in your sole name as if it was in joint names it would be more difficult to know if the other person had made contact and restarted the 6 years clock.












I hope one of the real experts comes along to help but it sounds very much like the debt is statute barred. Be warned some companies are known to invent payments to make sure a debt is not statute barred so check anything they say very carefully and verify it for yourself.
I would probably be inclined to send them the statute barred letter on here - hopefully some kind person can post a link and tell the debt colkectors to get lost.
You might want to also consider reporting them as well given I believe they are under investigation.
df
P.S I am referring to the rules in England not Scotland.
Also it is not from the date a default is put on your record but the actual date of default - sometimes companies don't put the default on your credit file correctly -another issue.

Thanks a lot for your reply. It helps.
I know that i defaulted in 2004, I'm pretty sure that it was around march 2004 but due the flat being flooded in 2005, I lost a lot of documents.

Hannah_10

So following on from what DF said- now would be a good time to get all three copies of your credit file and see what's recorded there.

king100

Just to make you aware it becomes SB when you write to them acknowledging the debt or make a payment onto the account.

A phone call does restart the clock.

wiggie23

Thank you all for your help.

Any ideas or opinions on the status barred and CCJ?

Is it better to ignore Capquest ( they don't have my phone numbers)?

Will Capquest come to my front door or is it just empty threats?

Thank you

Just_Plain_Jane

king100 wrote: »

Just to make you aware it becomes SB when you write to them acknowledging the debt or make a payment onto the account.

A phone call does restart the clock.

I think king100 means does not restart the clock.

dancingfairy

I would get hold of all your credit files as Hannah suggested just in case they have added later defaults which there are certain rules on this or added any other incorrect info to your credit file.
I believe there is a website where you can check if there is a CCJ -registry trust online I believe it is (not 100% sure though) and it costs 8 pounds to check.
If there is a CCJ then that is different and i believe they are allowed to enforce the CCJ within 6 years of it being granted. After that I believe they have to go back to court. (not 100% on this so do check)
If you check your credit files I would have thought it would show up if you had had a ccj granted in the last 6 years. (again not 100% sure on this)
It might be worth having a look at National Debtline's website as they have loads of useful factsheets until someone with more knowledge/certainty comes along
df
I know I haven't been entirely useful but it should give you some avenues to explore. I'd just hate to tell you something that I was true but not 100% sure and you take it as gospel and it turned out to be wrong - if you see what I mean
Oh and don't be afraid to either bump this back up later/tomorrow or start a new thread with a more specific title such as Stature barred question or CCJ check? so it attracts the people with more specific knowledge.