Text Messages Opos

sourcrates

bdazzling said:

sourcrates said:

Hmmm conflicting advice, RAS makes a good point, and that will be the likely outcome here.

However, by now your curiosity will probably have got the better of you, so if you want to know what this was all about, and to put it to bed once and for all, send them the "provit letter".

I have linked to it here -

Letter when you know nothing about about the debt - AKA "Prove it" letter — MoneySavingExpert Forum

When, or if, you get a response to this, then you can send the statute barred letter, if appropriate.

If they don`t respond to it, than that`s the end of the matter, as I said earlier, these companies are going hell for leather trying to cash in on these old accounts right now, but would be nice to know.

So would you think I should ignore completely or send the prove it letter ? In view of the change of law etc ? Thanks  

Well, another scenario is they issue a court claim between then and now, unlikely, but possible, and you would likely have a defence against it, but its more hassle, when you can put it to bed now with one letter and 5 mins of your time.

Its your choice, you heard arguments for and against, up to you now.

fatbelly

I think a court claim is unlikely but it would have to be preceded by a 30-day pre-action letter, and you should always respond to those.

It is of course an option to ignore this one. I would expect them to send more letters on variations of the present theme.

bdazzling

sourcrates said:

bdazzling said:

sourcrates said:

Hmmm conflicting advice, RAS makes a good point, and that will be the likely outcome here.

However, by now your curiosity will probably have got the better of you, so if you want to know what this was all about, and to put it to bed once and for all, send them the "provit letter".

I have linked to it here -

Letter when you know nothing about about the debt - AKA "Prove it" letter — MoneySavingExpert Forum

When, or if, you get a response to this, then you can send the statute barred letter, if appropriate.

If they don`t respond to it, than that`s the end of the matter, as I said earlier, these companies are going hell for leather trying to cash in on these old accounts right now, but would be nice to know.

So would you think I should ignore completely or send the prove it letter ? In view of the change of law etc ? Thanks  

Well, another scenario is they issue a court claim between then and now, unlikely, but possible, and you would likely have a defence against it, but its more hassle, when you can put it to bed now with one letter and 5 mins of your time.

Its your choice, you heard arguments for and against, up to you now.

Thank you. I will send the Prove It letter and see what happens, I wasn't questioning the advice, I just wondered whether me replying was admitting liability but having read the Prove It I can see thats not the case at all. Thank You for all the advice 

bdazzling

So following on from the previous advice I did as suggested and sent a prove it letter and got a reply from OPOS saying they would not contact me again and were passing the debt back to Capquest.  Over the last week I have received several txt messages from Capquest asking me to contact them, which I have ignored as advised but I did login to see what they were sending me and its this letter .  Its still referring to a debt from 2008, which I genuinely don't recall (but I did have a marbles card?) but they seem intent on pursuing me.  My question is do I wait to receive a letter through the post, do I continue to ignore them or should I pre-empt it by writing to them with a statute barred letter or another prove it ? 

Its really worrying me and I think as the previous advice I don't have to legally pay it but why are they chasing me so hard now when I have had no contact for so many years? I would like to put an end to it once and for all .

thanks for any help

sourcrates

OK, a debt from 2008, which you have not paid, or referred to in writing, for any period of 6 years, will long since have become statute barred.

Companies such as Capquest buy up debts of this nature, knowing full well their actual status, and attempt to get gullible members of the public to contribute to there profit margin by paying the full face value of an account they will have bought for a few pence in the £, which they know full well is no longer enforceable.

The statute barred letter is the way to go with this, adapt it to your circumstances-

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I would point out that under the Limitation Act 1980 Section 5:

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”


The Limitation Act 1980 clearly states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

It is clear that there was a period of 6 years where no acknowledgement or payment of this debt was made.

<Give dates if you have them>

Consequently this debt is and remains statute barred under the Limitation Act 1980.

Unless you can provide evidence of payment or written acknowledgement from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

I would also point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

bdazzling

Thank you so much, would you suggest I do this now from their txt / email or should I wait for a letter in the mail please?

sourcrates

bdazzling said:

Thank you so much, would you suggest I do this now from their txt / email or should I wait for a letter in the mail please?

Up to you, I`d wait for a letter, but you can pre-empt them if you wish.

bdazzling

Thank you, I will follow your advice & wait for a letter. Many Thanks for all your help 

fatbelly

It is starting to sound like it's your old Marbles card. I said earlier that the number belonged to hsbc and they owned Marbles up to Oct 2007, so this is very old indeed and i doubt Capquest will put up much of a fight when you engage with them