Help with Statute Barred case and Capquest

[gazleic999]

Hi Peeps

 

I have seen that you have given sound advice on the forum to others and hope you can help me?

 

I am in a battle with Capquest about at statute barred account.

 

The Story is...

 

I have a debt wth A&L 9000-10,000 that has been 6-7 years from deafult and my last payment. Capquest have brought the debt and after adding a good 3000 to 4000 in interest making the total 14500, have decided to start trying to collect it.

 

I got the standard we have brought this debt letter in December which i ignored has it is over 6 years then I got the famous HL legal letter (CapQuest on different letterhead)

 

In mid Jan I sent the standard Statute barred letter (stupid I hand signed it) and received a letter stating that I made a payment in November 2004 so the account is not statute barred but no proof.

 

I wrote to them refering to the account has satute barred (without Prejudice) and asked them to refer to my previous letter and highlighted that proof is required and that it is an offence to ask for payment on an account that has been stated is statute barred.

 

I received a letter stating the account is on hold for 28 days to allow them to obtain proof, I then received another letter 30 days later stating the account was on hold a further 28 days. I then received six weeks later a letter stating they are still trying to resolve my account query and would contact me ASAP.

 

Today I received a letter signed by Mike Daniels (electronically) here goes

___________________________________________________

 

As you wll be aware your account is being processed for legal action.

 

I am corresponding with you as the Managing Director of the CapQuest group. Your account has been pre-selected for a one time solution to settle your account.

 

This is not a gimmick and nothing sinister, just a project that I am personally promoting to encourage you to clear this debt and save a considerable amount of money doing so.

 

My plan is simple

 

1 You agree to pay an amount of your choosing by DD or any other payment method you prefer.

 

2 For each payment that is received in line with the arrangement made, we will credit your account with an amount equal to 30% of your payment. That is to say, you pay £50 and we will credit your account with another £15.

 

If you comply with the arrangement you will save at least £4340.34.

 

To start this project, I am also offering you a delayed first payment. Your first payment will not be required until 31 May 10, all you need to do is contact our customer services line on 0871 527 0327. This number has been specially selected for this project and therefore if you have any query this team will assist you.

 

When contacting this number and you wish to take up this offer please have all the necessary bank documentation to hand so that the team can set up a DD or any other payment plan that is more suitable to you. This offer will remain open to you until 15 April 10 when it will be withdrawn.

 

If at any time you find yourself in difficulty and you will not be able to make the scheduled payment, telephone us and we will re schedule your account without penalty. If however you fail in your commitment without good cause or reason the offer will be withdraw.

 

I hope that you seriously consider this and make the right choice.

 

_______________________________________________________________________________________________

 

CapQuest have not provided proof requested as per the statute barred letter and I beleive that they have broke the law by asking for payment and I have a right to complain to the OFT.

 

My Questions are

 

1, Is the statute barred letter classed as acknowledging the debt.

2, Have I got a case to complain to the OFT.

3, What should I write back to CapQuest (I want a letter to force them to give in and write off the debt)

4, What is the address for the OFT and what should I write to them.

 

Please could you help me, this is giving me sleepness nights and worrying when the post is delivered.

 

Many Thanks

 

:confused::confused:

[silverfox1961]

hi, see the bits below in red

 

 

My Questions are

 

1, Is the statute barred letter classed as acknowledging the debt. Nope

2, Have I got a case to complain to the OFT. Yup

3, What should I write back to CapQuest (I want a letter to force them to give in and write off the debt) Don't bother, they can't read

4, What is the address for the OFT and what should I write to them. See below

Please could you help me, this is giving me sleepness nights and worrying when the post is delivered.

 

Many Thanks

 

:confused::confused:

 

Here is the contact details for the OFT

Contact us - The Office of Fair Trading

 

AND the contact details for consumer direct

 

Consumer Direct - Contact us

 

Do not respond to any letters from capquest unless they are court papers. You have stated this is SB and it is down to them to prove it's not. The only way they can do that is to prove you made the "alleged" payment in 04.

 

The OFT don't investigate individual complaints but collate them and when they have enough, they will.

I'd go to Trading Standards via consumerdirect.