Capquest , who are they and what can they do ?

Mr_Poves

Hi , I do have another post regarding this but it seems to have gone off topic and I can't get a straight answer .
Basically , what powers do they have ?
I have had phonecalls and texts off them in the last week , I presume they are chasing me for an old debt from over the 6 year marker as my credit score is now clear , I did have a few defaults on there that are now cleared .
Can they cause me any problems with my credit rating , or shall I ignore them ?

DCFC79

Your credit score or rating has no bearing with regards finance, lenders don't see it.

You were given a suitable answer in the other thread.

Mr_Poves

Sorry but I may have overlooked it , I'm not asking about my credit score , I'm asking can capquest do any damage to my credit file with regards to an old debt they are hassling me for ? can they resurrect or bring it back to life ?
(statute barred as far as I'm concerned)
I really don't know if I'm wording this incorrectly , or if people are not willing to answer ....

ac427

They managed to get a linked address on my credit file for a debt that isn't mine for an address i have never lived at.

I believe this is why my M&S Credit Card application was denied, despite having
a 999 credit scored and no debt.

National_Debtline

Hi

Capquest are a debt collection agency (DCA) so they’ve probably bought the old debt. They shouldn’t add anything to your credit file now if the defaulted account has already dropped off. If they do add a new default you would be able to complain and get it removed.

Potentially they could try to get a CCJ for the debt but if it’s statute barred it would be unenforceable so you could defend it.

If they’re trying to collect a statute barred debt you can send them the sample letter on this Time Limits factsheet. They would need to cease collection if they can’t prove it’s not statute barred.

www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx


James
@natdebtline

ac427

Thanks James but how would this stop them just selling the debt to another company (maybe with the same directors) and persuing the debt again?

Do you really have to defend this every time the debt is sold on ?

National_Debtline

ac427 wrote: »

Thanks James but how would this stop them just selling the debt to another company (maybe with the same directors) and persuing the debt again?

Do you really have to defend this every time the debt is sold on ?

If the debt is sold on and you’re pursued again you would need to complain to the Financial Ombudsman Service so they can investigate.

The Consumer Credit Sourcebook regulations say:

CONC 7.15.9
A firm must identify for prospective purchasers of debts arising under credit agreements or consumer hire agreements or P2P agreements those debts which it knows or ought reasonably to know are statute barred, so as to avoid a firm taking inappropriate action against customers in relation to such debts.

James
@natdebtline

Gordon_Hose

Just ignore them.

ac427

Gordon_Hose wrote: »

Just ignore them.

I would Gordon but the false linked address is stopping my successful application for a credit card and anything else presumably.

Gordon_Hose

I was talking to the OP.