Calls from Capquest over 12 year old debt

boo_star

twhitehousescat wrote: »

The Financial Conduct Authority (FCA) say that it’s not fair for a creditor to keep asking you to pay a statute-barred or extinguished debt if you’ve told them you don’t intend to pay it.

since when have capquest acted fairly

the op was given a CCJ , capquest had 6 yrs to enforce this , looks like they failed , so although court action is doubtful , they can still ask for money

And if they keep pestering people over statute barred debts and people complain, they'll just end up getting a fine or worse. Not really worth it from CapQuests point of view.

Gaz83

twhitehousescat wrote: »

The Financial Conduct Authority (FCA) say that it’s not fair for a creditor to keep asking you to pay a statute-barred or extinguished debt if you’ve told them you don’t intend to pay it.

since when have capquest acted fairly

the op was given a CCJ , capquest had 6 yrs to enforce this , looks like they failed , so although court action is doubtful , they can still ask for money

But it's not statute barred!

twhitehousescat

Gaz83 wrote: »

But it's not statute barred!

it was boo star that quoted that legislation , I just highlighted the "not fair" section , but left he quote intact to show relevance

SnowTiger

Gaz83 wrote: »

But it's not statute barred!

Capquest probably don't know that:

wozzza72 wrote: »

The letter I received explained that I still owe them the money for this debt but they can no longer persue this through the courts.

When debt collectors buy debts they appear to get little more than an Excel spreadsheet containing names and addresses.

Even so, CCJ was issued ten or eleven years ago. I think Capquest would have a hard time getting permission from a court to enforce it even if they knew about it.

boo_star

SnowTiger wrote: »

Capquest probably don't know that:



When debt collectors buy debts they appear to get little more than an Excel spreadsheet containing names and addresses.

Even so, CCJ was issued ten or eleven years ago. I think Capquest would have a hard time getting permission from a court to enforce it even if they knew about it.

The issue isn't whether they can legally enforce it, it's whether they can keep phoning the OP about it.

I think, as it's not statute barred, they can. And ultimately the OP is just going to have to put up with it until they get bored.

SnowTiger

boo_star wrote: »

The issue isn't whether they can legally enforce it, it's whether they can keep phoning the OP about it.

I think, as it's not statute barred, they can. And ultimately the OP is just going to have to put up with it until they get bored.

Gaz83 wrote: »

But it's not statute barred!

Capquest probably don't know that:

wozzza72 wrote: »

The letter I received explained that I still owe them the money for this debt but they can no longer persue this through the courts.

When debt collectors buy debts they appear to get little more than an Excel spreadsheet containing names and addresses.

phillw

SnowTiger wrote: »

Capquest probably don't know that:

Are you saying they shouldn't be contacting people for debts that aren't statute barred, because you doubt the accuracy of their records on whether the debt is statute barred?

As an argument that seems thin.

nic_c

Statute Barred is not an issue as there is a CCJ. If Capquest are aware of the CCJ, then they know it's not statute barred.

Interesting that they say they can't pursue it in court, that sounds like the CCJ itself is over six years and a court won't allow enforcement action if the claimant hasn't taken action to reclaim the debt in those six years.

Send them a letter telling to cease sending letters as they can no longer pursue the debt, ask them to delete your telephone number under GDPR. However just block the number and bin any letters.

They are within their rights to contact you though.

sourcrates

As post 19 above, the Limitation period no longer applies, as legal action was taken.
CCJ`s do not become statute barred either, but, as no enforcement action was taken within 6 years, Capquest would need permission of the court to enforce it now, and, due to the passage of time, this is very unlikely to be granted, and it would also cost them money.

Write to Capquest quoting the legislation, tell them straight you are not paying, and invite them to do their worst, you will most likely not hear from them again.

Jonathan_Kelvin

Given that it’s your debt, that the courts agree, and that you aren’t happy being chased for it, would it not make sense to pay back what you owe on this one?