Capquest Chasing Debt

ennaeeL

Hello,

I need some information on how to proceed with Capquest.
They are chasing me for a debt I *may* owe for close to £1000. Not sure as thought all old debts were paid in full
They have been bugging me for a few months.

I asked them to prove debt and so far they have sent a credit agreement which does look like my signature (or like it looked 15 years ago which is how old debt is).
They claim I made payments to the initial lender 4 years ago. They also sent me a statement of account(?) showing all payments made which do agree with their timing provided for payments.

I asked for 'Notice of assignment', 'Default Notice' and 'Formal Demand' which they say they will send except for the Default Notice as this no longer exists (they say the lender does not have it).

Can I legally insist they provide these documents or should I just accept I owe the debt and make payment to get rid of them.

Many thanks

sourcrates

Hi,

Wether you are in possession of the documents you mention or not, does not reduce your liability for the debt in any way, shape or form.

As long as the debt is yours, which you have basically admitted it is, and they have provided proof in the form of a credit agreement, then they have done all they can to prove liability.

The only other exception would be if there were a period of 6 years or more, where no payment was made, in which case it would likely be statute barred.

ennaeeL

OK thanks guess I will have to pay it on payment plan then.
Don't remember owing the money but if nothing I can do .......

sourcrates

ennaeeL wrote: »

OK thanks guess I will have to pay it on payment plan then.
Don't remember owing the money but if nothing I can do .......

Are you 100% sure about it's statute barred status ?

Don't take there word for when the last payment was, ask for a statement of account.

ennaeeL

sourcrates wrote: »

Are you 100% sure about it's statute barred status ?

Don't take there word for when the last payment was, ask for a statement of account.

Yes.
I have the statement of account.
It shows last payment was 5 years ago.
Maybe my ex wife was making the payments and stopped when I left.
It is 99% definite my signature.
Not trying to get out of it but dont want to pay what is not owing.
I have illness that makes my long term memory not so great so maybe it was never paid in full.
I just want to be 100% sure before I pay some company I have never had dealings with my cash as I dont have much.

sourcrates

You say they provided a credit agreement, was it an old credit card account ?
If so they should also of provided the "prescribed terms" applicable to the account as well.

Basically from that time period an agreement that dosent include these terms may be unenforceable in court.

fatbelly

Assuming that's a proper credit agreement, I think there are 3 options:

1. Continue to dispute it and see if you can get to the six-year point without a court claim, if you live in England or Wales.

2. Save a lump sum and offer this in full & final settlement. They would probably accept £300 and probably bought it for half that.

3. Offer a small monthly sum in payment.

MrsTinks

ennaeeL wrote: »

Yes.
I have the statement of account.
It shows last payment was 5 years ago.
Maybe my ex wife was making the payments and stopped when I left.

Check... it would not be the first time this piece of information was, let's say, "incorrect"...

Either ask her if she made payments, or ask them to provide details of the payments because you are disputing them.

martinthebandit

As a general rule of thumb,

Never ever believe anything capquest tell you.

Always and I mean always, deal with them in writing, never ring them or email them.

ennaeeL

MrsTinks wrote: »

Check... it would not be the first time this piece of information was, let's say, "incorrect"...

Either ask her if she made payments, or ask them to provide details of the payments because you are disputing them.

Didn't want to do it but have asked the ex.
She has confirmed she was making the payments from our old joint account until I left but she does not remember how much was remaining on the debt.
Guess I just have to accept this and offer them a final payment and try to get it as low as possible.

National_Debtline

Making a low full and final settlement offer is certainly worth a try. Make sure they accept your offer in writing before you make a payment. This factsheet on full and final settlements might be useful:

www.nationaldebtline.org/EW/factsheets/Pages/fullandfinalsettlementoffers/lumpsumoffers.aspx

James
@natdebtline