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Help with capquest

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  • Broken_hearted
    Broken_hearted Posts: 9,553 Forumite
    Hi just an update.
    I have recieved a letter this morning from crapquest. The debt is the one I thought it was and I am just going to double check my dates as I am pretty sure that it is statute barred. yay! Its just over 1100 quid and actually not as much as I thought it would be.
    The letter from crapquest does actually threaten me with legal action. They have a nerve! They have given me until the 2nd of may to reply to them. Love to see them try it!
    Thanks again for all the help :)
    Askingbfor money you know you owe how dare they:rotfl:
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • fermi
    fermi Posts: 40,542
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Forumite
    The OFT has this to say regarding chasing "Statute Barred" debts.

    From: Office of Fair Trading - Debt collection guidance

    Statute barred debt

    2.13

    This guidance applies to the pursuit of debt regardless of its age. We will be carrying out further work on this aspect of debt recovery including analysis of relevant legislation and practice throughout the UK.

    2.14

    In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains:

    a. we accept legally the debt exists
    b. it is the methods by which the debt is collected that can be unfair as follows:

    • it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period
    • if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt
    • it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and
    • 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
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Broken_hearted
    Broken_hearted Posts: 9,553 Forumite
    TBH I don't find crapquest that bad either, a bit slow and pretty hopeless.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • fermi
    fermi Posts: 40,542
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Forumite
    TBH I don't find crapquest that bad either, a bit slow and pretty hopeless.

    You must have dealt with different people to me then.:confused:

    But I suppose it is like most DCAs. When they know they are in the wrong they fall back on idle threats and intimidation. Didn't do them any good with me though.:p

    I eventually got the debt passed back to the original creditor and have forced them to be reasonable. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Broken_hearted
    Broken_hearted Posts: 9,553 Forumite
    Me neither they don't bother threatening me and I won't let them speak to DH. If only they would get around to sending out a full and final in writing I could get rid of them but no they want to be paid over the phone then they'll send out the letter. Like I'm that stupid:rolleyes: so they get £3 a month it must cost them more to process the account. :confused:
    Barclaycard 3800

    Nothing to do but hibernate till spring






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