Capquest claiming I owe them money after 5+years

edited 30 November -1 at 1:00AM in IVA & DRO
7 replies 1K views
TroubledPaulTroubledPaul Forumite
5 Posts
edited 30 November -1 at 1:00AM in IVA & DRO
Hi all, after reading a few other threads regarding a similar issue I’d like some advice on my situation, so basically was in an Iva from 2007-2012 which I completed and received the completion certificate in January 2014, however yesterday I received a letter from capquest who brought the debt in 2009 from abbey national, with 10 years worth of periodic statements basically claiming I owe them 6k, I know for a fact that the loan they purchased was included in the Iva as I still have a letter from abbey and capquest from 2009 advising my insolvency practitioner that they have sold/brought the debt and any dividends should be paid to capquest, which my Iva did, as on the periodic statements capquest sent through yesterday it shows that they received a payment every year from 2009-2014. However they are now chasing me for the rest which I thought should of been written off, is this right? what should I do? Any help would be greatly appreciated as it is causing quite a lot of stress to me as I have just purchased my first mortgage and really can’t afford anything like this

Replies

  • ToxtethO'GradyToxtethO'Grady Forumite
    288 Posts
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    The only reason it would not be written off at the completion of your IVA would be if it were a secured debt (mortgage/ secured loan/ final charging order) or the debt was fraudulent...were you taken to court or receive any civil claims that stated you took this debt out by falsifying your income/ employment etc.?


    Have you sent them a copy of your completing certificate?
  • Thank you for quick reply, it was a personal loan they’re referring to and it was not fraudulent and I was never taken to court.
  • And no I haven’t sent a copy of my completion certificate as I was dubious in opening up lines of communication with them
  • edited 12 April 2019 at 6:52PM
    ToxtethO'GradyToxtethO'Grady Forumite
    288 Posts
    100 Posts Third Anniversary
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    edited 12 April 2019 at 6:52PM
    No worries, glad to help.


    Send them the copy and await their response, in fact, think of raising a complaint when you do that and advise you've had to take time off to do it and ask for compensation.


    You can do a Subject Access Request for free and if they were advised by your IP the IVA has completed they are causing you undue stress and worry. When they were aware this debt was non-collectable and had been legally written off.


    Telling them that this debt is written off does not restart anything, you are not acknowledging that you OWE the debt you are acknowledging that you DON'T owe the debt.
  • Thanks again I will send them a copyof my certificate recorded delivery, with a covering letter of some sort and hope that will be the end of it.
  • sourcratessourcrates Forumite, Board Guide
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    Hi,

    Your debts are written off in insolvency and capquest has no remedy against you, they know very well this is the case, they are either :

    (A) incompetent
    Or
    (B) trying there luck
    Or
    (C) the wally that’s written to you totally mis-understands what an IVA is.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
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  • Appreciate the reply Sourcrates. The responses I’ve had has definitely taken a weight off if you will
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