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

andiR1

I have had a reply from CQ to my latest letter today, it says:-

"We thank you for your recent correspondence. We can confirm that on the 12th March 2008 you offered a £75.00 settlement on this account, therefore this account is not stature barred"

As I mentioned in my opening post, I rang them and they told me they couldn't speak to me under the Data Protection Act, and they are obviously now saying that they have spoken to OH, which they have NEVER done, its' always been me, its even me that types and signs the letters.
Doea anyone have any advice on anything my reply should include, other than can they provide me with a copy of the above correspondence (as OH was in Germany, when this call took place!)

Do you reckon the following will cover it, or should I add other things?
"Can you please provide me with a copy of the 'settlement' mentioned in your previous correspondence dated 08 Apr 08, as I am not aware of this, nor was I in the country on that date. Also, the alleged debt has been statute barred for in excess of 18 months.
I look forward to your reply at your earliest convenience"

fermi

andiR1 wrote: »

"We thank you for your recent correspondence. We can confirm that on the 12th March 2008 you offered a £75.00 settlement on this account, therefore this account is not stature barred"

They are talking rubbish by the looks of it (as usual).

If you other half had not acknowledged in writing or by payment the debt for 6 years, then it is statute barred whatever later happens.

A phone call is not acknowledgement, and once a debt is barred it stays barred.

If you are not sure what to do, then I would give National Debtline a call. Tel: 0808 808 4000.

andiR1

Thanks fermi, I thought so, do you think the above letter will suffice as an answer then?
Can you believe that when I spoke to them they said they couldn't speak to me, and are now trying to use that conversation as their 'evidence'!!! Cheek of em!!! They really do make me angry tho.
I have just had a look on the national debtline website, do you think I should send them the 'limitation act 1980, section 5' letter? That seems to sum up what I need to say to them (I think???)

andiR1

This is the letter I plan on sending, do you think I have covered it with this?
Further to your letter dated 08 Apr 08, regarding the account numbered XXXXXXXXXXXXXX, which you claim is owed by myself.
I would like to point out that under the Limitation Act 1980 Section 5, “an action founded on simple contract should not be brought after the expiration of 6 (six) years from the date on which the cause of action were accrued”
I would also like to 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, payment or acknowledgement of this debt was made over 6 (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 myself in the relevant period under Section 5 of the Limitation Act 1980, I suggest that you are no longer allowed 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 harrassment contrary to section 40 (1) of the Administration of Justice Act 1970”.
I await written confirmation that no further contact will be made concerning the above alleged account, and confirmation that this matter is now closed.
I look forward to your reply at your earliest convenience.

andiR1

Have just looked back through my previous letters to CQ, and have found that I have already sent the Limitation letter on 19th March, so what is the best thing to do now? as they are obviously ignoring them!
Also, the letter I sent on 12th March covers the same ground with the Statute barred, so that is twice I have told them that it is statute barred and they are still writing, so is Trading Standards the next step? Or is there some other agency I have to report this to?

rog2

andiR1 wrote: »

Have just looked back through my previous letters to CQ, and have found that I have already sent the Limitation letter on 19th March, so what is the best thing to do now? as they are obviously ignoring them!

Hi andi - assuming, of course, that the '£75 settlement offer' falls under one of the following categories:

a. it was made verbally
b. there was a 'period' of at least six years between your last payment/written acknowledgement and this 'offer' even if it was in writing.
c. there was no such offer.

Then CQ are talking out of their rear ends - or, as fermi more diplomatically says, they are, as usual, talking rubbish.

Even if a written acknowledgemnt, or payment had been made, provided it was outside of the 6 year 'limitation period' it would not alter the status of the alleged debt. Once a debt becomes Statute Barred it remains Statute Barred - written acknowledgent, or payment, after the Limitation Period does not restart the process.

You can, and should, report CQ to the Trading Standards, in the first instance.

In the unlikely event of CQ issuing a County Court Claim, your only required defence is that the debt is statute barred.

andiR1

Hi All,
After all that went on! OH has now received a letter that says:
Further to our recent correspondence.
Prior to the start of legal proceedings various checks and validations are undertaken to establish facts around your current circumstances.
During this process it has been established that there are no outstanding CCJ's registered against you at the above address. In addition, at the time of this process your credit score with one of the main credit reference agencies is 404.
We are highlighting this to you as a matter of urgency. If we need to start the legal process and a Judgement is awarded against you this will remain on your credit file for 6 years.
A Judgement may have a damaging ****affect****** (Mispelt????) on your ability to obtain credit, both now and in the future and may result in you being refused simple credit agreements such as a mobile phone contract. A more serious consequence may be when applying for mortgages, credit cards or loans with acceptable interest rates, a CCJ registered against you will restrict the opportunities to get the most cost effective option available.
We are not seeking an immediate payment in full; we can offer many repayment methods that can be designed around your current circumstances, which may include possible settlements that will save you money. All we ask is that you make contact on 0870 084 3531, before 11 Oct 08. No contact by this date will result in your account being move forward to litigation.

Firstly, my question is.... Is it legal for them to do a credit check on my OH without his consent, also why are they still hassling us when I have done everything that I should've done regarding this debt being statute barred?
Also, just been on experian, and nobobdy has checked OH's credit file as it tells you the name of the company if they have doesn't it? AND this is already registered on his credit file as Defaulted, so surely they cannot add it twice!?
Any advice greatly appreciated, this is really, really getting to me now!!!