A Warning - CapQuest Debt Recovery!

Bill12345

thank you, will try that and feedback!

WillyWonga

Capquest are going through a bit of rough spot at the moment. They agreed not to chase my debt 6 years ago as no paperwork. However started to get calls late last year and then received a letter last week.

I rang them as I knew was statute barred. They admitted new system has started to re-generate old accounts and agreed was non enforceable.

Save the cost of the stamp and ring them. There is a number for complaints team who seem to be able to action accounts on the spot - eg write them off.

tetley

I had dealings with Capquest last year over a debt I never had, they sent a text every Monday at 9am asking me to ring them urgently. I just blocked the number, nearly all modern mobile phones can do this, so there's no reason for them to 'get you down", just block the number. They contacted me on a different mobile number every week, and I just blocked it. This went on from Jan to December and then stopped, maybe they had run out of numbers?, However today it started again, however this time the text contained a link to a "letter you have to read", anyway, Ive blocked that number as well now.
They will get bored before I will :-)

Sparktribs

Today my mum received a Court letter from a proper solicitor in relation to a debt that she remembers from over 7 years ago but the debt was never with these cowboys and was cleared!!

Can I ask:
Is this classed as statue barred debt? its been paid but it shouldn't matter,
They are not the owners of any debt so can they collect?
If a debt changes hands to various debt companies (Which this has) can it still be claimed?
No contract was ever signed between my Mum & Them - is this enforceable?

Help guys. My mum is very worried and I live in Australia so not easy to help :@(

Nell_rocner

Hope someone can give me advice please .....Capquest has been chasing me for awhile and I never acknowledged they're letters/phone calls. Yesterday morning I opened the door to someone telling me he was a sheriff officer and he was there on behalf of Capquest he asked if I was the person who he was looking for and I at no time did I give him my name and he said I had been served I denied I was the person who he was looking for and he tried to give me an envelope I put my hands in my pocket and refused to take it he then told me he was going to put it through the letter box I then shut the door in his face ....later a friend came to visit and picked the envelope up from outside stairs and brought it into my house. When it was opened it said I had a court date . I've read up on Statute barred and the last contact I had with the catalogue was in 2011 which is 6 years ago but I read that in Scotland (where's I live) they can't chase me after 5 years ....I'm feeling sick and angry and feel my only option is to go to a lawyer because it has court date. The small claims summons has to fill in details of the claim in number 7 of the form but there is nothing wrote in it ! Can anyone help or advice please

fatbelly

Sparktribs wrote: »

Today my mum received a Court letter from a proper solicitor in relation to a debt that she remembers from over 7 years ago but the debt was never with these cowboys and was cleared!!

Can I ask:
Is this classed as statue barred debt? its been paid but it shouldn't matter,
They are not the owners of any debt so can they collect?
If a debt changes hands to various debt companies (Which this has) can it still be claimed?
No contract was ever signed between my Mum & Them - is this enforceable?

Help guys. My mum is very worried and I live in Australia so not easy to help :@(

Sorry, only just noticed this and hadn't subscribed to this thread (till now).

The claim should be defended within 14 + 5 days of service date on the grounds that (1 ) it's been paid in full; (2) excess of 6 years has elapsed since the last acknowledgement (presumably when that payment was made) by payment or in writing and therefore the claim would be statute barred under the Limitation Act 1980 s5.

Yes they can claim as they were assigned the debt by the original owners, though (3) that can also be disputed if this is mentioned in the claim but you have never seen evidence.

(4) A signed Consumer Credit Act agreement was required for Consumer Credit Act accounts started before April 2007.

Frankly defence (1) should do the job if you can evidence that.

Nell_rocner wrote: »

Hope someone can give me advice please .....Capquest has been chasing me for awhile and I never acknowledged they're letters/phone calls. Yesterday morning I opened the door to someone telling me he was a sheriff officer and he was there on behalf of Capquest he asked if I was the person who he was looking for and I at no time did I give him my name and he said I had been served I denied I was the person who he was looking for and he tried to give me an envelope I put my hands in my pocket and refused to take it he then told me he was going to put it through the letter box I then shut the door in his face ....later a friend came to visit and picked the envelope up from outside stairs and brought it into my house. When it was opened it said I had a court date . I've read up on Statute barred and the last contact I had with the catalogue was in 2011 which is 6 years ago but I read that in Scotland (where's I live) they can't chase me after 5 years ....I'm feeling sick and angry and feel my only option is to go to a lawyer because it has court date. The small claims summons has to fill in details of the claim in number 7 of the form but there is nothing wrote in it ! Can anyone help or advice please

Scottish Law is very different

Try these

https://www.nationaldebtline.org/S/factsheets/Pages/23%20SCOT%20Time%20limits%20for%20recovering%20debts/Default.aspx

https://www.nationaldebtline.org/S/factsheets/Pages/sheriff-court-action-for-debt/court-claims.aspx

but you may need to phone National Debtline for help in defending this as that second fact sheet assumes you agree you owe the money.

********************

For both of you it may have been better starting a new thread rather than tacking on to a very old one. If you need further help, that's what I'd suggest.

Nell_rocner

Sorry never been on a forum before.....I've started a new thread

Pelemos

Can someone advise please, I am stuck in limbo between Capquest and Restons trying to stop legal proceedings against my daughter. I am acting as her advocate on mental health grounds following her mental breakdown in 2015 that she is recovering from.

Debt was a major trigger of her breakdown, so to avoid anxiety she was stockpiling any Debt Collection letters in a cardboard box. Problem is Capquest and their solicitors Restons both wrote threatening legal action that she was unaware of because she did not open the letters. She opened the Court Claim Form from the infamous scam centre Northampton Court threatening a CCJ.

She had just started working when the Claim Form came so was unable to provide info due to the erratic income as she was agency temp staff, until she saw how thing panned out, So she made a good will gesture payment of £43 on 1 December 2016 plus 2 payments of £50 per month on 1 Jan 2017 and 1 Feb 2017. She is being offered a permanent role so we cannot provide Income expenditure until we see how her finances turn out.

Now the problem.
Restons will not stop legal action because Capquest have not instructed them to stop.
I phoned Capquest and John Maestro gave a patronising explanation that "Capquest paid Restons to do a job and so Capquest could not interfere with Restons because that would be unprofessional".

I called Restons again and got the same story that they are seeking a CCJ even though my daughter is paying a fair monthly amount based on an average of her income. Restons agains said they had not been instructed to stop proceedings by Capquest.
I phoned Capquest again and was told that it was out of their hands now as Restons had the File, so they could not access much information.

I am piggy in the middle.

How do I stop the runaway train when the Driver (Restons) insists he has not had a Stop light from the Signal Master, whilst the Signal Master (Capquest) says he has no control of the cargo on the train as it is up to the driver to get from A to B.

Do Capquest/Restons really have a huge whole in their communications and processes? What if Capquest had issued proceedings against someone by mistake? Surely there are processes to back out and redress the issue?

Any help or advice will be appreciated.

sourcrates

Pelemos wrote: »

How do I stop the runaway train when the Driver (Restons) insists he has not had a Stop light from the Signal Master, whilst the Signal Master (Capquest) says he has no control of the cargo on the train as it is up to the driver to get from A to B.

Do Capquest/Restons really have a huge whole in their communications and processes? What if Capquest had issued proceedings against someone by mistake? Surely there are processes to back out and redress the issue?

Any help or advice will be appreciated.

Hi,

Your assuming that capquest and restons have an ounce of common sense between them, when in reality they haven't !!

I think your wasting your time trying to convince them to hold action, they do start proceedings against the wrong people all the time, consumer forums are full of such cases.

If you've received a claim form you must act on it quickly, as quite strict timescales apply.

You would be better served just allowing the process to unfold, making sure all correctly filled in paperwork is returned promptly, the court won't make her pay any more than she can afford.

These companies, and others like them, are incompetent to the point of stupidity, you are unlikely to get anywhere with them.

fatbelly

From the way that post reads, the claim form arrived before 1 Dec 2016 and was not defended. So there should now be a ccj (judgement in default, pay forthwith).

We don't know how much the judgement is for but if it's less than £3000 and she can afford £50 per month then the courts should agree to vary (change) the order to an instalment order at that rate if you need to.

https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

and if they apply for bailiffs (warrant of control) then that is the factsheet to read and make good use of the form N245