10 year Old disputed debt - zenith000/Capquest

[zenith000]

Hi,

 

I found this group via google and the first hit was the most relevant. i.e. I receoved a letter from CapQuest yesterday deaming me contact them regarding an old debt from Barclays bank. ???

 

I have not banked with Barclays Bank since about 1999 where all debts (grad lona/overdraft and account was closed). My Ex wife's mum and step dad helped us pay this debt at the time by taking out a secured loan on their house. Main reason was that numerous diret debits were failing when there was money in the account to clear and no satisfactory answer was given. I have been with Lloydsstb ever since. Last year i was chased (via Regal Credit) which I thought was a [problem] and denied any such debt. This was the start to middle of last year, that was that. I called numerous times to Barclays bank to get information and they had no record of me. hmmm

 

I am now in receipt of a letter yesterday (capQuest) stating that they have the debt from BArclays. I despute this claim completely. I have never had any leteres from Barclays in the time after moving banks either.

 

I have a decent job (albeit struggle financially due to divorec etc). This turned ill with worry last night. What can I do or wht process can I go through to as they are demanding payment or contact by 22nd of november.. Anyones advice or recommendation is more than welcome on this subject....

[fedup74]

Send them letter M in the template library the Statute Barred letter. And most of all DO NOT worry- they can do diddly squat once they receive it:D Good luck

[Mr lex]

Hi Zenith,

 

Welcome to the Consumer Action Group

 

As Fedup says you need to this letter A.S.A.P, here's the link :-

 

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

 

Letter 'M'

 

 

We advise you not to sign anything you send to a D.C.A. Just print or type your name.

 

Hope this helps,

 

Lex

[MARTIN3030]

Capquest are quite renowned for this.

If the debt was paid in full then thats that.

Dont deal by phone-keep all in writing.

In addition to the stat barred letter there are other things open to you.Wait for Capquest to respond to you and come back with that.

 

Forgot to ask.....Are they threatening legal action ?

[MARTIN3030]

On the assumption that they have indicated legal action heres something you can send them.

 

 

 

 

 

 

 

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols,additionally my understanding is that this alleged debt is now statute barred under the terms of the limitation act.

Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

 

 

 

Add ammend or delete those parts that apply in your case.Send recorded delivery.

[zenith000]

Should the later loetter accompany letter m or simply go without letter m?

 

They state lower in their letter that if my contact is not made within a set date then they are insrtucting their solicitors to continue the case against me. Is that expected?

 

Also, thanks for your replies...

[MARTIN3030]

Send the letter I posted.

We have had 4 results with this in the last 10 days.

I cant guarantee it will work for you,since I dont know what Capquest will come up with.

However in the circumstances,you are within your rights to send this.It is apt to send now.

[MARTIN3030]

Think its now time to move away from here-will retitle your thread and move into the debt forums.

Have a read at other Capquest threads as I suggested.

[MARTIN3030]

Sice this is a request under Civil procedure rules,I am not 100% certain as to whether they could demand an admin charge to supply it.

You did not specify that you wanted this information under a SAR.

I am checking this out for you.

[42man]

Hi Zenith....am I correct in stating that they have just threatened legal action as opposed to actually started it yet ? And have you sent the Statute Barred letter as yet ? Did they address your letter you sent them ?....Do not send them £10...

[MARTIN3030]

The CCA request itself should show up something.

Significantly deed of assignment should show dates.

[MARTIN3030]

Also worth getting hold of a copy of credit files to see exactly whats what in there.For 2 quid well worth it.

[rory32]

Significantly deed of assignment should show dates.

Surely you mean the notice of assignment Martin.

[42man]

Yep a notice of assignment, you will rarely see a deed of assignment, that is a confidential piece of paper between the original creditor and the debt collection agency to show that the debt has been sold/bought, the only way you could bring up a deed is if you suspect fraud and that the debt collection agency are collecting a debt that they have made up.

 

The debt is barred by the statute of limitations act 1980, if they have not addressed that issue then they shouldn't be pursuing you any more unless the give proof that the debt is NOT statute barred....bear in mind unless they prove otherwise then this is what the OFT say...

 

Section 2.14 (b) -

 

•

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.

[zenith000]

I will get my Credit files. This is where things, I beleive to be in my favour.

 

As i have moved twice and used a financial brokers that dealt with bad finance and they scrutinised everything (and rightly so) and not one of the moves brought this (alegid debt) to the surface.

 

Their initial letter stated that if I did not contafct them withiin something along the lines of 10 days then they were to instruct their solicitors to continue the case against me.

[rory32]

Something that I can't stress strongly enough zenith00 is that all you have received are template letters. They are in no way personal to you or the account or your circumstances. Most DCA's only have about half a dozen standard template letters.

 

Remember these people have no legal powers and to work for a DCA you need no qualifications - other than to be a bully and willing to tell any old lies in order to get your commission (allegedly).

[zenith000]

Hi,

 

I recently had posts on here regarding CapQuest during last year chasing me for old debt from (which I am sure was settled) 10 years ago. I requested the CCA using the template back last May and it then went real quiet (to the point of no correspondence).

 

This year however they started calling me leaving the automated 'We have tried to call you and will endeavour to contact you again). They tried a number of times a week with a number of numbers. I would not answer as am not the best on the phone (weak infact).

 

They finally caught me on the phone where they had wrong details about my name and possibly my date of birth. I mentioned that I had not received a copy of the credit agreement to which she replied they would look into it and be in touch. Silence yet again for about 2 months.

 

However, Last week I received a letter informing me that they were in discussions to sell my account to a third party legal specialist firm. whom can then do charging orders, bankruptcy, attachment of earnings and warrant of execution.

 

They then offered to write off the interest and additionally a further sum . They are willing to accept an instalment plan too. They have offered to update my credit file (of which there is no reference to the account nor has there ever been) and they will continue repairing my credit file thereafter. If there was ever a negative mark with that account it would have surfaced in one of my house moves and addressed at that stage.

 

I am real real worried that they will do some to my credit file as i am only just getting better ion that department.

 

I never received the CCA information either.

 

Any advice is more than welcome as i need to reply to them by 31st of this month.

 

Thanks for reading

[dx100uk]

never talk to these leechers on the phone

this debt is obviously statute barred?

 

you owe them nothing.

 

and dont listen to the threats

there is nowt they can do to you.

 

third party crap as usual.

 

ignore them

 

dx

[cerberusalert]

Moved to Debt Collection Forum

[MONX]

From what you have said, you havent acknowledged or paid on the alleged debt for six years or more therefore the debt is statute barred. They can threaten you as much as they want but they cannot pursue a statute barred debt and no legal action can be take against you.

 

What you need to do now is send this letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred which will put them on the back foot.

 

Once they know you know the law they will back down.

 

The important thing is dont worry, dont ring them and dont make an offer of payment.

 

If they ring you just say clearly "in writing only" and put the phone down.

Edited May 27, 2010 by MONX
added a bit

[Bazooka Boo]

And if they decide to leave their dirty paw marks on your credit file, and it is of importance to you, then you can tell them to remove the incorrect data immediately or you will sue them for damages.

 

Also complain to their bosom buddies, the credit reference agencies that you intend suing them also for allowing them to place incorrect data on your credit file without your knowledge or permission.

 

CRA's are as much to blame as DCA's.

[harrassed senior]

As others have said, probably SB by now, but just to set your mind at rest:

 

However, Last week I received a letter informing me that they were in discussions to sell my account to a third party legal specialist firm. whom can then do charging orders, bankruptcy, attachment of earnings and warrant of execution.

The third party legal specialist firm, is the next desk along in their office!

The Correct order of events would be:

The issue a Summons which you defend as Statute Barred, or they use as a frightener and then withdraw as they have no enforceable Agreement.

Were they able to get a CCJ, then you would have a chance to supply the Judge with and I & E from which he would decide how much you can afford per month, could be as low as £1 per month, and so long as you continue with that and don't miss a payment nothing more can happen.

Should you miss a payment then they can apply to the Court for either: a Warrent of Execution, or Charging Order or Bankruptcy.

But all that is assuming they can produce an enforceable Agreement and if they are making offers of discounts that does not look as though they have a hope in hell of finding one.

So, no worries there then;)

 

[Somebody Told Me]

In addition it may be worth following the same avenues as suggested in your original thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168217-10-year-old-disputed.html

 

Let's see if they get the message this time!

[dx100uk]

oh great

well all comeback in two years again then and say the same things then too.

time for action OP not just posts.

 

dx

[ukaviator]

Merged with old thread. .