Court threat from capquest - 13 years on....

kellsm

Hi everyone I hope you can help!

I am trying to clean up my credit file and pay off all my debts, I am obviously concentrating on my more recent ones that still show on my file and I have paid all but one off (£250 remains).

2 of these debts were paid via capquest, since I have paid these capquest have been chasing me for a very very old debt, my first ever one in fact, that dropped off my report years ago. I believe I went I to default in 2001 or 2. They hadn't asked for this money for years!

They've just sent me a letter saying they are taking me to court. Can they do this after so long? And can this go on my credit file as it is well over 6 years old? They want £500 quid off me that I don't currently have.

Please if anyone has any dealings can you help me? I can't have a ccj on my file when I am trying to get clear to buy a house

Thanks x

fatbelly

Your ammunition is in this thread

Statute barred debts and the Limitation Acts

It's probably the letter in post#2 that you need. You could change the first paragraph to:

You have contacted me to inform me that you are commencing a court claim regarding the account with the above reference number, and that you claim I owe....

vikingaero

Capquest try everything on. They really are the scum of the Debt Collection Industry. They even tried serving fake and incorrectly served Statutory Demands on people.

Write them ONE complaint letter by Recorded Delivery:

Deny the debt.
Ask them to prove the debt and that you want copies of all statements and agreements.
Rescind their implied right to write, telephone or visit other than in relation to this complaint.
Ask them if the debt is Statute Barred. If it is then they remind them of your withdrawal of their implied rights.
Put the financial footing in your favour. Tell them that you will charge them £50 per call/visit/letter other than dealing with your complaint.

Whatever you do, do NOT call them and ignore all calls from them. If you mistakenly pick up the phone refuse to divulge your details. I ended up going in circles telling them not to call with the agent/supervisor and manager when calling for a relative. In the end I made a complaint and said I would be at their offices the next day with others and force my way into their office (they didn't know I wouldn't). A more senior manager called me back immediately and admitted his staff were all incorrect and closed the account.

kellsm

Thanks for your help. I was paying a payment plan at some point with somebody but I don't remember who. This was early 2000's I'm guessing. 2004/5? I did end up cancelling due to lack of funds. I just don't remember the exact date. Damn this is all so stressful!

I'm 99 percent sure it has been over 6 years since I acknowledged this with anyone at all. You think if I didn't send them anything at all they would actually take me to court? Or are these letters the way to go?

Many thanks xx

kellsm

I guess what I'm saying is if it all went tits up and they DID get a ccj, could it go on my credit file being the date of default was so long ago?

Or would I get a chance to pay it off before the ccj was awarded!

(I suffer from anxiety can you tell..all unlikely I know)

kellsm

Panic stations!

Just been looking through old bank statements and I was regularly paying capquest £10 a week in early 2008! I have no idea what this debt was - I have had a few debts with capquest.

How am I ever going to know if this was the same debt. And if it is I'm screwed right? They can get me! I really can't afford to pay this off at once. Maybe I should do a payment plan so it all stays off my credit report???

I'm really sorry for being a pain

matttye

kellsm wrote: »

Panic stations!

Just been looking through old bank statements and I was regularly paying capquest £10 a week in early 2008! I have no idea what this debt was - I have had a few debts with capquest.

How am I ever going to know if this was the same debt. And if it is I'm screwed right? They can get me! I really can't afford to pay this off at once. Maybe I should do a payment plan so it all stays off my credit report???

I'm really sorry for being a pain

Don't panic or do anything hasty.

On your bank statements, do the transactions have a reference? This usually contains an account or reference number so that the company you're paying knows which account to apply it to to. You just need to match this reference number to the one on correspondence they're sending you. If it doesn't match then it's a different debt.

Secondly, how early in 2008 were you paying them? If you send a 'proof of debt' letter this will delay them somewhat as the debt will be put into dispute. By the time they provide the proof it might be statute barred.

If they do take you to court and you get a CCJ, you can pay in full within 30 days and nothing will appear on your credit file.

kellsm

Thanks so much - whatever this was stopped in April 2010. Could easily be a different debt but there is no reference on my online statement. Would hsbc bank have the reference after all this time??

So maybe the best thing to do is fight it (whilst saving the money to pay it within 30 days worst case scenario?)

matttye

kellsm wrote: »

Thanks so much - whatever this was stopped in April 2010. Could easily be a different debt but there is no reference on my online statement. Would hsbc bank have the reference after all this time??

So maybe the best thing to do is fight it (whilst saving the money to pay it within 30 days worst case scenario?)

They might do, you can try asking. It's odd that they don't show the reference as it's quite an important part of the transaction. I don't bank with HSBC so I'm not sure if there's anything you can do to get it to show the statement.

Ask them for proof of the debt and a statement of account showing any payments made to it, fees, charges etc. this will put you in a better position as to knowing whether it's out of time or not.

kellsm

Ok I've called the bank and got the sort code, account number and reference of what I was paying at it matches nothing on the letter I recieved, the reference is in a totally different format which is odd as well. Would references change over time?

kellsm

Uh oh... Just found a letter they sent last month and that reference IS on there I was still paying 10 a week in 2010. I don't have a leg to stand on do I? Not sure my best course of action now.

If I make a payment plan it won't go back on my credit file will it? I can pay them 200 a month so it's not going to take me long