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Please help... letters from capquest

2

Comments

  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    Was a ccj issued, if so when as it can change things...
  • wiggie23
    wiggie23 Posts: 6 Forumite
    Hello again,

    I've just checked for CCJ at the 3 possible addresses....Nothing registered.
  • FTW
    FTW Posts: 8,682 Forumite
    wiggie23 wrote: »
    Hello again,

    I've just checked for CCJ at the 3 possible addresses....Nothing registered.

    Then there's nothing that Capquest can do.

    Send the Statute Barred letter via recorded delivery, and do NOT sign the letter (DCAs have been known to 'creatively' use signatures).

    Also, refer complaints to :-

    - Consumer Direct.
    - The Financial Ombudsman Service (because it'll cost CQ £500 for the privilege of the FOS investigating, regardless if they come down on your side or CQ's).
    - The OFT.

    The main reason you should cite is that Capquest have issued a frivolous Statutory Demand on a debt they know to be Statute Barred.

    A court would look upon this dimly - at worst, a flagrant abuse of process. At best, unnecessary time-wasting on CQ's part in the faint hope of making a quick buck.
  • fatbelly
    fatbelly Posts: 23,047 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Crapquest are well known for their indiscriminate use of statutory demands. The OFT are aware of this and warned 1st credit about this behaviour in 2009.

    OFT imposes requirements on 1st Credit over debt collection practices

    You must complain, as FTW says, to OFT and FOS - I also suggest their professional body, the Credit Services Association (not that they will take a lot of notice). All these websites have details of how to complain.
  • king100
    king100 Posts: 1,565 Forumite
    I think king100 means does not restart the clock. ;)

    King did mean DOES NOT
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • hi could someone confirm that making a phone call to a debt agency DOES NOT restart the clock?

    just under 6 years ago fraud occured on my credit card and long story short barclaycard defaulted my credit report.. the debt has been sold several times with new demands letters along the way.. at first i called them and said it is disputed and i will not be making any payments, then i gave up even answering them. It went quiet for a few years, then surprise surprise as the 6 years is approching i have recieved 3 letters in 2 weeks. so today i phoned and said its a disputed debt and i will not be paying anything,. i mentioned its nearly 6 years ago and with that comment he thanked me for calling because now they can add another 6 years and chase me to 2017, so in the end i said do what you want and hung up...

    i just wanted to check that they cant restart the clock from todays phone call, can they?
  • fatbelly
    fatbelly Posts: 23,047 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    paul80 wrote: »
    hi could someone confirm that making a phone call to a debt agency DOES NOT restart the clock?

    It does not.

    Factsheet | Liability for debts and the Limitation Act
  • FTW
    FTW Posts: 8,682 Forumite
    paul80 wrote: »
    hi could someone confirm that making a phone call to a debt agency DOES NOT restart the clock?

    just under 6 years ago fraud occured on my credit card and long story short barclaycard defaulted my credit report.. the debt has been sold several times with new demands letters along the way.. at first i called them and said it is disputed and i will not be making any payments, then i gave up even answering them. It went quiet for a few years, then surprise surprise as the 6 years is approching i have recieved 3 letters in 2 weeks. so today i phoned and said its a disputed debt and i will not be paying anything,. i mentioned its nearly 6 years ago and with that comment he thanked me for calling because now they can add another 6 years and chase me to 2017, so in the end i said do what you want and hung up...

    i just wanted to check that they cant restart the clock from todays phone call, can they?

    It definitely does not.

    Some agency staff are told otherwise as part of their training (Mackenzie Hall is one), but the fact remains - a phone call does not constitute acknowledgement.

    Ignore the numpty you were speaking to on the phone - you were speaking to menial intelligence, which is why it's always advisable not to speak to them on the phone.

    If you speak on the phone to a DCA, nothing will get resolved or answered truthfully - it's a wasted enterprise.
  • Culex
    Culex Posts: 776 Forumite
    FTW wrote: »
    It definitely does not.

    Some agency staff are told otherwise as part of their training (Mackenzie Hall is one),

    Wescot may be (or have been) another.

    As for not speaking to the droids when they call, does anyone know how they'd respond if all one did was to make farmyard noises?
  • Culex wrote: »
    Wescot may be (or have been) another.

    As for not speaking to the droids when they call, does anyone know how they'd respond if all one did was to make farmyard noises?

    This might give you some insight. :D
    Kayleigh
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