Capquest and the Limitations act reply..

[kathleenbilly]

Hello to all and thanks for looking in,

 

I had a debt which expired in August 2nd 2002

 

This was 6 years ago and has been cleared from my credit file. I have or did not acknowleadge this debt in any way since the last payment which was now just over 6 years ago the default date and last known payment was as above 2nd August 2002.

 

Capquest have persued me for the last couple of months for this debt. I did not acknowledge there letters in any way.

 

On the 18th August 2008 i sent them a signed for recorded limitations act letter to which they received and replied my account is now on hold for 28 days.

 

Can anybody tell me what my next step should be as i do not know what happens next, any help greatly appreciated,

 

KB

[Conniff]

Are you certain that there is no ccj with this debt? if so, they are now aware that you know your protection under the limitations act, I wouldn't answer any further correspondence from them.

[kathleenbilly]

No i'm 100% certain there is no CCJ with this debt i have constant access to my credit file there is no CCJ's on my file.

 

So can you tell me do they need to reply within the 28 days?

 

The limitations act letter states they kind of need to agree its' outside the time limit and inform me by letter the matter is closed. This is what the limitations act letter asks for will they do this and if not not what can i do next if anything?

[Conniff]

Remembering that the debt hasn't gone away, and never will, the limitations act (statute barred) does not prevent someone chasing you for it, (although that could be classed as harrassement), it means they cannot enforce payment and they can't get a ccj to force payment because of the time limit.

 

There are exclusions though depending on the type of debt, do you want to say what the debt was for?

[postggj]

also,

when they realise they have no chance of collection, they sell the account on to another dca

once they have been informed statute barred, i remind them i have no intention of paying and any further contact woud be regarded as harrasment

every now and then a new dca comes out of the wood work.

 

these are from 1998

 

i just ignore and they tend to go away as they are fully aware of the limitations act

 

i believe its 12 years where property is concearned , not six

[kathleenbilly]

It was an egg credit card for an amount of 10,500 pounds...''

 

So it's sounds like i should be ok?

[Conniff]

You are ok, just forget it now, they have had six years in which to attempt recovery and had the full weight of the law behind them to do so. Because they couldn't be bothered they have now lost that opportunity.

[kathleenbilly]

Thank you i feel much better now

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html