Capquest Nearing Time of Limitation Act Letter

[Indebted1971]

I have today received a letter saying the following;-

 

This communication is to inform you that we believe your account is nearing the time where the Limitations Act 1980, or if you reside in Scotland, the Prescriptions and Limitations (Scotland) Act 1973 may apply.

 

These acts limit the time which the creditor can pursue a debtor. In the case of England and Wales this time limit is six years, and in Scotland it is five years. The time limit begins when you last admitted owing the money or made a payment. The provisions of these Acts are legally binding abd we would be obliged o cease all collection activity if you request us to do so at the time your account could be deemed statute barred.

 

In the interests of our clinent due to the time implications with your account, we are now instructed to issue legal proceedings against you to stop your account becoming statutue barred. You will then not be able t rely on the Limitations Acts to dispute the debt. In layman's terms the clock is started again enabling us to continue our collection activity. In the event that the court grants a County Court Judgment against you this will be registered on Register of County Counrt Judgements for a period of another 6 years.

 

We hereby give you notice that if we do not receive your proposal to settle this account by 7 Nov 07 we will begin the process of litigation. "

 

They go on to offer my one last gesture to settle the debt by paying only half of the outstanding debt.

 

Can they do this? I have made several attempts over the years to agree proposals with them but they always refuse the minimal offer i can make saying it doesnt cover their admin.

 

Is there anything I can do to stop them? do I ignore the letter?

[oneofakind]

When did you last make a payment?

 

Have you requested a valid copy of your agreement from them? If not, it's time you did. I suspect that their 'generous' settlement offer is because they have no CCA, therefore would be unable to enforce the debt in court anyway! Why would they give you a discount if it's so easy for them?!?

 

[Indebted1971]

I am not entirely sure but think I made a payment to them about 4 years ago when they first took over the debt. Only made a couple of payments as they pressured me to make a higher payment than I could possibly afford and in the end I couldnt manage to sustain it. Havent made any payments since or even acknowledge anything with them except for about 2 years sending them a letter to offer a minimal payment which they refused.

 

No I have not requested a copy of my credit agreement from them. Is that using the SAR letter that I have seen mentioned?

[Curlyben]

Get a CCA into them NOW if not sooner.

Put these "people" on notice that you will NOT simply roll over and pay up.

 

I do like the way they refer to both the Scottish and English laws in the same sentence.

Now how can both 5 years AND 6 years be close.

Hmmm confused me thinks.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

Also IF they do start court action, lack of a signed executed agreement is a FULL defence.

 

I hope this clarifies some things.

[diskmandave]

I believe they're fishing. They can't even decide which law applies, the Limitation Act, or the Prescription and Limitation (Scotland) Act.

 

Do you know just how close to Statute barred this is?

 

Sending the CCA request would serve 2 purposes, firstly establishing that they do have the right to collect on this debt and secondly putting the debt in dispute which means that they couldn't instigate any legal action.

 

This is a direct link to the CCA request letter;

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

Be sure to include a £1 p/o to cover the maximum prescribed fee and don't forget to send by rec/del though in this case Special Delivery would be most advised.

 

Post the letter and then spend a good few days familiarising yourself with a good number of threads in the debt forums and then post back with your progress.

 

Good luck & best wishes, Dave.

[Indebted1971]

Yes i believe they are fishing too. The letter looks like a template rather than tailored specifically for me. There isnt even a proper signature at the end of the letter it is one of those printed ones saying from collection department rather than a name.

 

I think the debt is statute barred in Nov 2007 sometime.

 

Thank guys for the advice. Will be sending letter and postal order off tomorrow.

[diskmandave]

I think the debt is statute barred in Nov 2007 sometime.

Whilst I don't advocate debt avoidance, I think you'll be home dry with this, after all you do say you've made every effort to offer an installment plan.

 

Best, Dave.

[Indebted1971]

Just checked it is Nov 2008 when Statute barred so may not be totally out of woods.

 

Yeah I have always tried to pay people something but these guys are totally unreasonable about what they expected me to pay and refused to consider anything I offered so gave up.

 

Will post again when get reply from them.

[Curlyben]

When it is barred doesn't really matter.

You MUST ensure that these "people" have the legal right to demand payment.

[Indebted1971]

Dont worry I will be ensuring they have a legal right to demand the payment before I start going down the road of payment proposals. Will be doing the SAR tomorrow so be on the waiting game for awhile.

 

Have been reading these forums for few months now and appreciate all the advice I can get.

[mollyr0x]

CCA not SAR. CCA will find out if they can collect the debit. ie. have a properly executed agreement.