Help!!! Cap Quest Debt Recovery - Royal Bank of Scotland

andiR1

Hi al,
Just a little update, we have received a letter this morning from CQ saying they have put this matter on hold for 28 days and they are asking the RBS for proof, and will be back in touch in due course.
Will post reply when I get it.

andiR1

Hi everyone,
Have had a letter off CQ this morning, and they have provided OH with a copy of his account opening application form???!!!
This is dated January 1994, adn it says on the covering letter that the account was opened on 29/10/1992 and closed on 17/08/2006.
As explained earlier this account has not been touched or dealt with in any way shape or form by my OH because he opened his new account in Mid 2000.
They are also now saying that they have placed the account on hold until 24 Mar 08, and if they don't receive contact from him by then they will pass the account to their collections department for further action.
Any advice on where to go from here, because as far as I can see they are still not providing details to prove that this account is not statute barred.

andiR1

Also, just been reading through the actual account application, and there was NOT an overdraft facility applied for!!! Therefore, have the Bank not failed in their duty by letting the account go into overdrawn status??

rog2

andiR1 wrote: »

Any advice on where to go from here, because as far as I can see they are still not providing details to prove that this account is not statute barred.

Since this 'debt' is, so obviously, statute barred, then there really is nothing further that you need to tell, or ask, CrapQuest. You have sent them the statute barred letter, yet they are still pursuing you.
You can, and should, report them to Trading Standards, although they are so 'thick-skinned' that they are unlikely to react to even Trading Standards.
It is, unfortunately, more than likely that CQ will continue to 'harass' for this 'debt', but don't worry - their 'threats' are legally empty. In the unlikely event that they decide to issue a County Court Claim, then all that you, or your ex, would need to say, in defence, is that you will not be making any further payments towards this 'debt' as it is statute barred - that is the only defence you need to enter.
That said, I would imagine that their response is to your earlier letter, and that they have not, yet, gotten around to replying to the 'Statute Barred' letter. You, now, have indesputable proof that the 'debt' is indeed statute barred.
Personally, I would give it a couple of weeks and see if you receive any other letters from CQ - their usual reply to the 'Statute Barred' letter is either an offer of a 'reduced settlement' or an appeal to your 'moral obligations' towards this 'debt'. Both are completely meaningless.

rog2

andiR1 wrote: »

Therefore, have the Bank not failed in their duty by letting the account go into overdrawn status??

Undoubtedly, andi - but, since no payments have been made towards this 'debt' nor has he entered into any written communication, acknowledging this 'debt', for at least six years, then it really is not worth pursuing this line of approach.

andiR1

Hi rog2,
Thanks for that, I will just ignore them and see how far they take it, seems like this is the easiest option with this shower!! Will type a letter to Trading Standards and post it first thing tommorrow.
Once again, thank you.

andiR1

Do you reckon the following would cover it for a reply?? Just been mulling and have thought that maybe it would be better to point out that I will be reporting them to Trading Standards if I receive any further correspondence?
_____________________________________________________________
Further to your letter dated 15 Mar 08. I do not acknowledge any debt to your Company. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
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".
I would also point out that the Office of Fair Trading state under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
The last correspondence, acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, which your above mentioned correspondence does not do! I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.
The Office of Fair Trading Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed, I will also not hesitate to contact Trading Standards regarding harrassment if any other correspondence is received.
I look forward to your reply within 14 days.

rog2

Looks good to me, andi. :T :T

andiR1

Thanks rog2, didn't send it on Thursday, thought I would wait and see what you thought first.
Will post first thing tommorrow morning.

rog2

andiR1 wrote: »

Will post first thing tommorrow morning.

Make sure you do. :beer:

Have a Good easter.