Capquest

Hi can anyone please advise me on my situation. I have received a few emails from Capquest and a letter stating a owe them £400 but they will offer me a deal of settling at £200 and will mark it as partial settlement on my credit file. What I don’t understand is that this debt I think they are referring to is from Littlewoods account from 2011. Would this be statute barred? I’m afraid to make contact as I’ve read that’s acknowledging the debt and could cause me more problems. There nothing on my credit report about any of this and I’m really worried that they may put a default on my account which would be a disaster as I’m currently applying for a mortgage.
Any advice welcome. 

Comments

  • RBYHS
    RBYHS Posts: 122 Forumite
    Fourth Anniversary 100 Posts
    Send them a DSAR requesting all the information they hold about you including all debts. 
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    1,000 Posts Second Anniversary Photogenic Name Dropper
    edited 21 July 2021 at 11:51AM
    If your account was defaulted in 2011 and hasn't been acknowledged since, then yes it would be - so you could simply send them the statute barred letter and see what they come back with (don't just ignore it on the assumption it is barred though). It's not impossible they got a CCJ before 2017 for example (CCJ is never barred but after 6 years they have to go to court to explain why they are now trying to enforce it) but equally not impossible they are simply trying it on having bought the debt for a few pounds and hope you pay up.

    If the account was defaulted in 2011 it cannot be added back onto your report after the 6 years - a swift complaint to them and the ICO would see to that sort of shenanigans
  • If your account was defaulted in 2011 and hasn't been acknowledged since, then yes it would be - so you could simply send them the statute barred letter and see what they come back with (don't just ignore it on the assumption it is barred though). It's not impossible they got a CCJ before 2017 for example (CCJ is never barred but after 6 years they have to go to court to explain why they are now trying to enforce it) but equally not impossible they are simply trying it on having bought the debt for a few pounds and hope you pay up.

    If the account was defaulted in 2011 it cannot be added back onto your report after the 6 years - a swift complaint to them and the ICO would see to that sort of shenanigans
    Thanks so much for your reply. I’m not aware if a default ever was issued for this account. I’m not even entirely sure what the debt is from as it just says they bought it from Shop Direct. There is nothing on my credit report to indicate who and when this is from. Is the best thing to request DSAR to get more information on what they are referring to? 

    I’ve read so many bad stories about Capquest that I want to make sure I deal with this issue correctly. My biggest worry is this affecting my mortgage application. 

    Also where can I obtain a copy of a statute barred letter please?
  • If your account was defaulted in 2011 and hasn't been acknowledged since, then yes it would be - so you could simply send them the statute barred letter and see what they come back with (don't just ignore it on the assumption it is barred though). It's not impossible they got a CCJ before 2017 for example (CCJ is never barred but after 6 years they have to go to court to explain why they are now trying to enforce it) but equally not impossible they are simply trying it on having bought the debt for a few pounds and hope you pay up.

    If the account was defaulted in 2011 it cannot be added back onto your report after the 6 years - a swift complaint to them and the ICO would see to that sort of shenanigans
    Thanks so much for your reply. I’m not aware if a default ever was issued for this account. I’m not even entirely sure what the debt is from as it just says they bought it from Shop Direct. There is nothing on my credit report to indicate who and when this is from. Is the best thing to request DSAR to get more information on what they are referring to? 

    I’ve read so many bad stories about Capquest that I want to make sure I deal with this issue correctly. My biggest worry is this affecting my mortgage application. 

    Also where can I obtain a copy of a statute barred letter please?
    A default is normally issued after 3-6 missed contractual payments, it would have been on your record

    Places like CapQuest buy up debt for pennies in the pound and try and enforce them with scattergun letters to everyone. There is nothing on there now as it's removed after 6 years by law (hence it also cannot be added back)

    Don't bother with a DSAR just send the statute barred letter. I googled it and there is a handy template maker here:

    https://www.nationaldebtline.org/sample-letters/time-has-run-out-recover-debt-ew/
  • sourcrates
    sourcrates Posts: 31,031 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Big discounts for early and fast settlement usually point to some enforceability issue with the account, which they are hoping you won`t ask about.

    As Farfetch advises above, send the SB letter, keep it simple.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • If your account was defaulted in 2011 and hasn't been acknowledged since, then yes it would be - so you could simply send them the statute barred letter and see what they come back with (don't just ignore it on the assumption it is barred though). It's not impossible they got a CCJ before 2017 for example (CCJ is never barred but after 6 years they have to go to court to explain why they are now trying to enforce it) but equally not impossible they are simply trying it on having bought the debt for a few pounds and hope you pay up.

    If the account was defaulted in 2011 it cannot be added back onto your report after the 6 years - a swift complaint to them and the ICO would see to that sort of shenanigans
    Thanks so much for your reply. I’m not aware if a default ever was issued for this account. I’m not even entirely sure what the debt is from as it just says they bought it from Shop Direct. There is nothing on my credit report to indicate who and when this is from. Is the best thing to request DSAR to get more information on what they are referring to? 

    I’ve read so many bad stories about Capquest that I want to make sure I deal with this issue correctly. My biggest worry is this affecting my mortgage application. 

    Also where can I obtain a copy of a statute barred letter please?
    A default is normally issued after 3-6 missed contractual payments, it would have been on your record

    Places like CapQuest buy up debt for pennies in the pound and try and enforce them with scattergun letters to everyone. There is nothing on there now as it's removed after 6 years by law (hence it also cannot be added back)

    Don't bother with a DSAR just send the statute barred letter. I googled it and there is a handy template maker here:

    https://www.nationaldebtline.org/sample-letters/time-has-run-out-recover-debt-ew/
    Thank you so much for your help. I will send them this letter. 
  • If your account was defaulted in 2011 and hasn't been acknowledged since, then yes it would be - so you could simply send them the statute barred letter and see what they come back with (don't just ignore it on the assumption it is barred though). It's not impossible they got a CCJ before 2017 for example (CCJ is never barred but after 6 years they have to go to court to explain why they are now trying to enforce it) but equally not impossible they are simply trying it on having bought the debt for a few pounds and hope you pay up.

    If the account was defaulted in 2011 it cannot be added back onto your report after the 6 years - a swift complaint to them and the ICO would see to that sort of shenanigans
    Thanks so much for your reply. I’m not aware if a default ever was issued for this account. I’m not even entirely sure what the debt is from as it just says they bought it from Shop Direct. There is nothing on my credit report to indicate who and when this is from. Is the best thing to request DSAR to get more information on what they are referring to? 

    I’ve read so many bad stories about Capquest that I want to make sure I deal with this issue correctly. My biggest worry is this affecting my mortgage application. 

    Also where can I obtain a copy of a statute barred letter please?
    A default is normally issued after 3-6 missed contractual payments, it would have been on your record

    Places like CapQuest buy up debt for pennies in the pound and try and enforce them with scattergun letters to everyone. There is nothing on there now as it's removed after 6 years by law (hence it also cannot be added back)

    Don't bother with a DSAR just send the statute barred letter. I googled it and there is a handy template maker here:

    https://www.nationaldebtline.org/sample-letters/time-has-run-out-recover-debt-ew/
    Being pedantic, it's not removed after 6 years by law...
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