Please can you help..Capquest claim account is not statute barred..what next?

MRDOLLAR

SENDING LETTER as this

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Account Number : xx

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx the contents of which are noted.

On xxI wrote to Capquest Debt Recovery Limited regarding a debt that was alleged to be owed by myself. That letter was received and signed for as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:
1) Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

2) The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

3) The last payment of this debt was made over six years ago and no further payment has been made since that time. Unless you can provide evidence of payment in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

4) The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment.


I note that you claim a payment was made my myself on xx

No such payment was made by myself.

In line with the protocols on pre-action conduct, I therefore demand that you supply a independently verifiable copy of payment that you may claim was made by myself within the limitation period. Failure to comply with this reasonable request will result in your actions being brought to the attention of the court, and will be reported to the OFT and trading standards.

Any attempt to avoid providing proof will be NOT be tolerated.

Any collection activity while the proof is outstanding will be reported, as will any attempt to pass off insufficient or misleading proof.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

matttye

MRDOLLAR wrote: »

I have checked my file and its still showing default date 14th september 2007. Grrr ! im hoping i can get this off so i can get better credit! hoping you can help and again thanks for all of your kind advice.

A complaint to Equifax might be in order too, as the default is supposed to drop off automatically six years from the default date.

MRDOLLAR

I am sending the letter as above first class recorded today.
Any template letters or advice for the credit file problem equifax etc?
Many thanks again

happy_bunny_2

Easiest way for Equifax is to register for this:
https://equifaxuk.custhelp.com/app/utils/login_form/redirect/ask

Usually takes a few days to get a response in my experience

MRDOLLAR

Hi MSE Forum,
Hope you can help and give me more advice.
As you can see from above, previous posts i have been having nightmare problems with Capquest!
This Debt is now NOT on my Credit File thank goodness as it was defaulted on my credit file 14 September 2007 6 YEARS + also i believe this is statued barred.

I have just got in from work and i have received 2 letters dated 7th November 2013 and 12 November 2013 not sure why this is the case?
Both Post marks are stamped 13.11.13.

Basically one letter dated 07/11/13 which is following from my complaint states that Capquest confirm the debt is not statue barred and contains statement printed from Capquest Screen to allegedly proving this.
This letter is here http://i941.photobucket.com/albums/ad255/MRDOLLAR/CapquestNov2013.jpg
http://i941.photobucket.com/albums/ad255/MRDOLLAR/CapquestNov20132.jpg
and so alleged payment statement http://i941.photobucket.com/albums/ad255/MRDOLLAR/statement.jpg

Letter 2 dated 12 November 2013 says that my complaint is being investigated both letters contradict each other. Grrrrrrrrr!

Also my partner has recived 3 phone calls from Capquest and asked where i was ? My partner said none of your business and put the phone down! Harrasment yet again!
Can you please advise my next steps please?
Hope you can help.
Many thanks
MR D

rizla_king

Send them back a list of random numbers, amounts and codes, with a note saying "Look, I can make up a list of fictitious numbers as well!"

Capquest are idiots if they think that proves anything.

If that is all they have, then they are truly furked AND THEY KNOW IT. They are just trying to bullsheet you.

fatbelly

From what I can see there were credits as follows, up to March 2009.

• A CCP
• A DDE
• A UDD
• Another two CCPs and a UDD

I'm guessing that the UDDs are 'unsuccessful direct debits' so clearly not an acknowledgement.

The DDE looks like a 'direct debit executed', which would constitute acknowledgement if made with your agreement. However, if achieved under some dubious right of set off then clearly it wouldn't - you need to check your active bank account from that time.

I am not sure about the CCPs and maybe someone else could suggest what those were - it would have been helpful for Capquest to explain their codes.

You have three options as I see them:

• accept their evidence as genuine and start to make payments
• refer to FOS as you said you would do in an earlier letter
• allow them to take court action to clarify the situation, as they have said they will do. I don't think this option needs any further clarification from you - you have set out your position and they have now responded.

If none of your recent communications constitute acknowledgement then they have until March 2015 to take action, on their figures.

fatbelly

MRDOLLAR wrote: »

Quite simply cap quest have said " we can confirm our records show a payment was made to this account on 12 may 2008.

According to their latest information, they bought the account on 4 July 2008. The payments on their records were Sept 2008 to March 2009. It seems strange that they quoted a payment made before they acquired it but did not mention the later payments when you first spoke to them.

MRDOLLAR

Thanks for all your advice fat belly following your last post/ reply what do you mean as regard to dates and owning debt?
I am going to check bank account statements if I can.
They are vile company and they should be reported and I am certainly going to report them ASAP!
Any template letters or advice would be great as I'm not the greatest letter writer to these companies etc.
Any help always appreciated and thanks everyone keeping you updated from now on!

MRDOLLAR

Can anyone add to this ? Any help is appreciated ! Am I best getting a statement from bank to find this so called payment. If I have paid via d debit is that it?...