Help has anybody heard of Capquest debt recovery

angelavdavis

Alpha,

I really think you should check your credit reports too anyway. Here is information on how to do this - it costs a couple of quid for a Data protection request per report.

http://www.insolvencyhelpline.co.uk/debt_factsheets/credit_reference_agencies.htm#4

Experian also offer deals through quidco or ebay for free credit report copies if you sign up to their deal (you need a credit or debit card for this), however, you can cancel the deal within the 30 days to ensure you aren't charged.

Capquest deal with many creditor accounts - it could be something else. I think you should be sure before potentially writing it off as statute barred. I would hate for you to find out its relating to something else which you are liable for.

Alpha47

Angela
I did search my credit report through credit expert. In 2001 Littlewoods entered me as in default on some account. Some other agency registered me as gone away (Aktiva) , which I have not. I moved in 1999 but had talked to them in 2001 at my new address, after that no contact. I did not check my credit until about 5 months ago.

However this is now six years on and its gone off my report apart from the GAIN entry which I wanted to correct .

I have contacted the OFT and they are passing it on to trading standards.
Just have to keep my fingers crossed. I am fairly sure they are just trying to get the money out of me by any means.

Thanks

angelavdavis

OK Alpha,

I think it sounds like you are OK and the debt is statute barred.

Going back to RAS's post below, did you respond to Ruthbridge's letter?

I think you should gather up the paperwork and take it to CAB or give nationaldebtline a phone call.

Alpha47

Hi Angela
Thanks, I think these people are trying to scare me. I sent the limitation template letter from here on 21st June. I have just sent the CCA after they said they would make me bankrupt. I don't know how they are getting away with these evil tactics. I have phoned trading standards.
Thanks for everybody's help on the forum.

Alpha47

[FONT=Arial, sans-serif]Hello People[/FONT]

[FONT=Arial, sans-serif]I received another letter from Ruthbridge yesterday, I know a few other people are having the same problems with them so I am posting the letter:-[/FONT]

[FONT=Arial, sans-serif]WITHOUT PREJUDICE[/FONT]

[FONT=Arial, sans-serif]Further to previous correspondence regarding the above, you are hereby given notice that bankruptcy proceedings are due to commence for recovery of the outstanding balance, together with costs and interest.[/FONT]

[FONT=Arial, sans-serif]We are no longer prepared to correspond with you regarding this matter as we will be advising our client (Crapquest) no later than 20/0/07 to issue a petition for your bankruptcy, with a view to seizure of assets/ property , at the discretion of the court appointed trustee.[/FONT]

[FONT=Arial, sans-serif]We also note that the above debt of xxxx is a principle sum, which will increase considerably should the interest which has been frozen for the last 35 months be applied.[/FONT]

[FONT=Arial, sans-serif]However, as a final opportunity to avoid legal proceedings, we are prepared to accept a lump sum payment of £695.36 (about half) which must be received at our offices no later than 20/07/07. This sum is accepted as full and final settlement against your liability and will also ensure that you are not pursued for the remainder of our clients claim, at any point in the future.[/FONT]

[FONT=Arial, sans-serif]As an added incentive, once this sum has been received and cleared, our client will instruct the credit reference agencies to mark your debt as satisfied. (this debt is not on my credit report) [/FONT]

[FONT=Arial, sans-serif]They then go on to tell me how to pay them.[/FONT]
[FONT=Arial, sans-serif]:mad:
[/FONT]

[FONT=Arial, sans-serif]I am really getting annoyed now, I phoned the OFT last week and they have phoned trading standards. I am getting my paperwork ready for them today.[/FONT]

[FONT=Arial, sans-serif]If anybody has any advice I would be grateful, will keep you posted.[/FONT]


[FONT=Arial, sans-serif]Alpha
[/FONT]

rog2

YET AGAIN this letter is TOTALLY MISLEADING.
No creditor can commence bankruptcy proceedings for a debt of LESS THAN £750.00.
In order to commence bankruptcy proceedings, Ruthbridge would have to:

1. Issue a Court Summons, for the ammount due. At this stage, you would have the opportunity of submitting a 'defence'. In this case, your ONLY required defence would be that, since you have made no payment, or had any written contact with the creditor in over six years, this debt is covered by the 'Statute of Limitations Act' and is, therefore 'Statute Barred'.

2. In the UNLIKELY event that Ruthbridge did secure a CCJ, you would have 28 days, in which to either pay the CCJ, or to request that it e 'set aside'.

EDIT: It has been, quite correctly (see opalfruits - post18 and 21), suggested that the above may be misleading, as I am implying that a creditor MUST obtain a CCJ before petitioning for a debtor's bankruptcy, whereas ANY creditor, who is owed more than £750 by a debtor, CAN implement Bankruptcy proceedings, with the issue of a Statutory Demand. In practice, though, it is UNLIKELY that a creditor would go straight for a Statutory Demand, as there are cost implications, for the creditor. I, therefore, apologise unreservedly if anyone has found my information misleading in any way. This was not my intention, and I have NOT changed my wording as the majority of creditors WILL follow the sequence that I have outlined.

3. If, after all this, Ruthbridge still wished to declare you bankrupt, they would have to issue a 'Statutory Demand'. This would give you a further 18 days, in which to resolve, either by payment, or contest the alleged 'debt'.

4. At the expiry of the 18 days, Ruthbridge would need to take the decision as to whether they WILL or WILL NOT commence bankruptcy proceedings against you. They would have to pay all fees (which would be considerably more than the £500 approx. for self-declaration) up front, with NO guarantee of getting them back. Even at this stage, you would have the chance to contest the bankruptcy.

EVERYTHING in your posts, points to this 'alleged' debt being Statute Barred. The OFT guidelines, for Debt Collection, CLEARLY STATE 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 contrary to section 40 (1) of the Administration of Justice Act 1970."

opalfruits_2

Rog2, creditors do not have to obtain a CCJ before issuing a statutory demand.

rog2

opalfruits wrote: »

Rog2, creditors do not have to obtain a CCJ before issuing a statutory demand.

That's true of - but most do, as this makes the rest of the process easier for them - A Judge, presiding over Bankruptcy hearings, would, primarily, be interested to know that the law had been adhered to. A CCJ would normally confirm this - however, in Alpha's case, if no CCJ had been obtained, then the Judge would, clearly see that the 'debt' was statute barred and would not grant a bankruptcy order.
In my own case a CCJ had been obtained, and the Judge told me that he was not there to look at the original 'debt', nor could he comment on it as a CCJ had already been issued.

Alpha47

Quick thank you to Rog2 and all the other people with their excellent advice.
Many thanks
Alpha

opalfruits_2

rog2 wrote: »

That's true of - but most do, as this makes the rest of the process easier for them - A Judge, presiding over Bankruptcy hearings, would, primarily, be interested to know that the law had been adhered to. A CCJ would normally confirm this - however, in Alpha's case, if no CCJ had been obtained, then the Judge would, clearly see that the 'debt' was statute barred and would not grant a bankruptcy order.
In my own case a CCJ had been obtained, and the Judge told me that he was not there to look at the original 'debt', nor could he comment on it as a CCJ had already been issued.

It is the debtor's responsibility to challenge a stat demand and they would need to apply for it to be set aside within 18 days - this is where you would point out that the debt was statute barred.

I'm not trying to nit pick but I think it's dangerous to give off the impression that without a CCJ your creditors cannot make you bankrupt.