Capquest

[jacz82xx]

Hi there i've recently recieved a letter from capquest about a sky credit card i had a good few years ago!! I haven't paid anything for over 5 years and believe this could be statute barred as i've been reading up on statute barred debts on this site and i live in Scotland!! The original balance was £1000 and now it's over £3000 i haven't heard anything for years plus i've moved address twice and out the blue i recieve this letter from capquest threatening legal action, Should i just ignore this letter or could someone please advise me on what letter to reply with, Many thanks J

[dcakiller]

As you live in scotland this will be statute barred. I would ignore them just now and let them waste more time and money sending you threat o grams. or if you wish here is the statute barred letter for scotland send recorded delivery and do not sign

Address

 

Date

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say 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 acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

 

finaly remember it is not unknown for a dca to claim a payment or atempted payment has been made inside the 5 years, but they have to prove this is the case.

[jacz82xx]

Thankyou for the reply, I think i'll ignore it just now and if they keep sending threats i'll send the letter, Forgot to mention they don't even have my proper address the only reason i've been getting the letters is because my posty knows me, They have only been putting the stair number for this stair and the stair next door they haven't put any flat or door number lol

[cbram71]

i to have received a letter from capquest concerning payments to t-mobile. I aknowledge there is a debt but the letter says very clearly if you contact us by the 13th feb 2010 we can offer a settlement figure on the monies that i owe. If you pay £.0.00 over a 1 month period your acount will be cleared and we will close your account.

 

If they state that then clearly this is a legally binding letter or am i very wrong in this matter.

[Revenant]

i to have received a letter from capquest concerning payments to t-mobile. I aknowledge there is a debt but the letter says very clearly if you contact us by the 13th feb 2010 we can offer a settlement figure on the monies that i owe. If you pay £.0.00 over a 1 month period your acount will be cleared and we will close your account.

 

If they state that then clearly this is a legally binding letter or am i very wrong in this matter.

 

I would hazard a guess that by making this offer they're hoping you will take the bait and at least pay them something as there's a good chance they've nothing concrete to back things up

 

Sit back and bide your time, see what happens next, might be a better offer

 

R

Edited January 27, 2010 by Revenant
typo

[PGH7447]

or send em a copy of the letter with a cheque for £0.00

[cbram71]

I have a payment arrangement for £32 a monthe already but the letter states if i pay them nothing by the 13th feb 2010 they will clear my account lol. clearly before i cancel the direct debit i need to know where i legally stand with regards to their letter as i phoned them and the agent said it was sent out by mistake lol and they do not offer settlement figures for T-Mobile accounts.

 

But a letter saying they are offering a settlement clearly disputes what the agent said.