Capquest chasing a very old debt from 2000

willow09

Capquest Chasing an old debt from 2000

In 2000 I defaulted on a loan from The royal bank of Scotland which eventually got passed on to Capquest. They chased me way back then and I agreed tp pay so much a month top pay the debt off. Then around 2006 I noticed the default was dropped from my credit file. I was advised that after 6 years I shouldn’t have to pay it back so I stopped my payments to Capquest and ignored any correspondence, then in 2008 I started to get more and more letters from them demanding repayment and they would take me to court, make me bankrupt bla bla bla which I ignored and then in 2008 I sent them a letter stating I didn’t acknowledge any debt with them and to prove the debt was mine by providing the original credit agreement etc etc which they ignored.

I have had the odd missed call and letter since but I’ve literally ignored it, anyway I moved in with my partner back in 2010 and since I didn’t hear a peep from Capquest then out of the blue my new neighbour comes up to me saying they had a mysterious phone call asking if a Chris (no surname) lives next door to you…how rude! Anyway they said yes and then I have just been bombarded with calls to mobile, house and letters stating I owe this debt and to pay it……

I hate Capquest!!.....

I have told my partner to say I don’t live at the address and also I have blocked their number from calling and texting my mobile because I refuse to talk with them over the phone.

I really want to just knock this on the head now because I am totally debt free except for this hanging over my head.

I would like to issue the standard Statute barred letter but I can’t be too sure if the last payment I made to them was actually over 6 years ago, I certainly haven’t acknowledged the debt since.

Any advise at all would be a massive bonus.

Thank you.

Chris (don’t tell them I live next door)

fermi

willow09 wrote: »

Then around 2006 I noticed the default was dropped from my credit file. I was advised that after 6 years I shouldn’t have to pay it back so I stopped my payments to Capquest

That was rather silly advice, but what is done is done.

willow09 wrote: »

then in 2008 I sent them a letter stating I didn’t acknowledge any debt with them and to prove the debt was mine by providing the original credit agreement etc etc which they ignored.

So they never replied with an agreement or proof? Do you have proof you requested it?

willow09 wrote: »

I would like to issue the standard Statute barred letter but I can’t be too sure if the last payment I made to them was actually over 6 years ago, I certainly haven’t acknowledged the debt since.

Quite possible that the recent flurry of activity is due to the fact it is just about to go past the 6 years.

If the the only evidence they have is a neighbours confirmation of 1st name, then I struggle to see them taking any formal action. But you never know.

Action would or could be defended on the basis that they haven't complied with your request in 2008, statute barred or not, which is why I asked if you have proof of sending it?

willow09

fermi wrote: »

That was rather silly advice, but what is done is done.



So they never replied with an agreement or proof? Do you have proof you requested it?




Quite possible that the recent flurry of activity is due to the fact it is just about to go past the 6 years.

If the the only evidence they have is a neighbours confirmation of 1st name, then I struggle to see them taking any formal action. But you never know.

Action would or could be defended on the basis that they haven't complied with your request in 2008, statute barred or not, which is why I asked if you have proof of sending it?

Yes poor advice from a very very poor debt management company called Debt Release Direct.

No they didn’t reply but I didn’t record delivery unfortunately only proof I have is a copy of the letter I issued to them.

MoneyMagic01273

willow09 wrote: »

Yes poor advice from a very very poor debt management company called Debt Release Direct.

No they didn’t reply but I didn’t record delivery unfortunately only proof I have is a copy of the letter I issued to them.

My personal opinion is that you have nothing to lose by sending the statute barred letter. The worst thing that can happen is they respond providing evidence that you have somehow acknowledged the debt or made a payment in the last 6 years.

But the best that could happen is they close the account down and go away - and on that basis I would say go for it...

fermi

That is a shame. You may still be able to argue non compliance with that, but proof would have helped.

It's very unlikely that Capquest would take any legal action now, but it is not totally out of the question. Was just looking at another example where they did on a SB debt there had been no contact on. Muppets!

So you have no records of when you last paid? Just that the 6 years would be up this year?

Can you say a date that you are sure it wasn't after, even if you can't pin down an exact date?

You really have to decide whether to tough it out to a point where you are sure it's SB.

The odds are on your side, but you can ever say for sure. If they did have a mad fit now and launched a court claim, you could certainly make them provide proof of the last payment date and produce an agreement then.

give_them_FA

Do posts normally disappear here? I know there were a couple of very unhelpful ones we were better off without, but mine went too... To repeat, with what Fermi says you may be better off sitting tight and ignoring them. If they are just going on a fishing expedition, and have no real info about you, don't confirm they have a bite by responding! My experience of Capquest is that they wrote three letters and disappeared. Also, they may not be organised enough to take the matter of "statute barred" into consideration, it seems strange they would wait until the last moment rather than contact earlier... at the very least delaying things may mean the difference between SB/ not SB if it's close. Nothing to be gained by contact- they won't issue a claim unless they are sure of their ground.

Edit:

Maybe the trolls felt ashamed and deleted their posts and mine went as I put up replies to them? Is that how it works? [Solved- many thanks fermi.]

fermi

give_them_FA wrote: »

but mine went too...

If you haven't done already, you should probably read the site rules/faq.

Especially this part ---> http://www.moneysavingexpert.com/site/forum-faqs#report

willow09

Thanks for the advice 'Fermi' and 'give them FA' I will check through my old statements tonight to determine when the SB comes into play.