*Capquest and Limitation Act bluff?*

[unclebulgaria67]

Your right,

 

The first letter i sent was just normal post (Limitation Act Letter) they did reply within 7 days this time as it's getting a bit more heavy i better send recorded. thanks

 

I wonder if BOS, ever issued a default notice? If they didn't for whatever reason, perhaps this is why the debt in not shown on the credit record.

 

CapQuest will be requesting this information from BOS in due course I would think, if they are thinking about taking this near a court. If Capquest had all the information already, I would have thought they would have done this by now.

[Pinky69]

You won't know what BOS has by the way of recorded payments unless you send them the SAR. Also, banks don't keep copies of Default Notices - they do them on templates - but they should have recorded on the history sheet whether a DN was sent or not - again you would get that with an SAR. If they didn't send one and sold the debt to CQ or CQ has demanded the full balance without prior issue of a DN, then that is repudiation of contract and they would only be able to ask for the arrears. Worth keeping up your sleeve in case they do go to court.

[fuzzybobble]

How can i drag this out? any advice on this appreciated...''

 

It's been done before. For just over 3 months concentrating on the CCA, then asking for a copy of the default notice, then copy of the notice of assignment, then a formal complaint about a number of things, each one taking several weeks to reply to.

 

Just keep them busy with anything that doesn't mention it's close to being SB. Keep it indispute, and pester them for copies of things, but one at a time, and don't be in a hurry to reply to them. 3 months will soon pass, and you'll have fun doing it.

 

Here's the link to the thread which show step by step how it's done... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187616-almost-statute-barred.html

[Pinky69]

March 2005 was the last payment - that is more than 3 months.

[fuzzybobble]

Longest I have kept a DCA busy one one account is 4 months. Hillesdens Still keeping them dangling just for the sheer hell of it to this day. As from last week I now invoice them £25 for having to deal with each letter they send me. They owe me £50 so far.

[kathleenbilly]

You won't know what BOS has by the way of recorded payments unless you send them the SAR. Also, banks don't keep copies of Default Notices - they do them on templates - but they should have recorded on the history sheet whether a DN was sent or not - again you would get that with an SAR. If they didn't send one and sold the debt to CQ or CQ has demanded the full balance without prior issue of a DN, then that is repudiation of contract and they would only be able to ask for the arrears. Worth keeping up your sleeve in case they do go to court.

 

 

Here's the default notice? why is it not on his credit file???

 

dated 07/06/2005 asking for arrears payments of about three months i can work out from his re-payments so he defaulted with a last payment March/April 05

Edited July 11, 2010 by kathleenbilly

[Pinky69]

Because they don't keep copies of them - they use the same templates over and over and change the details to suit the customer. They should have a note on the file history that one was sent.

[Pinky69]

Your DN is too small to read.

[Pinky69]

I don't know why there is no entry on his credit file.

[kathleenbilly]

Yes it's very strange he did say this loan,

 

 

and i presume it must of been the default was on his Equifax a few years back but gone completely??

 

Should be on them both i thought.

 

So it looks like i have to drag this out for him fro a good few months

[kathleenbilly]

This is exciting news i'm reading his default notice and credit agreement,

 

The credit agreement was signed on 25th October 2004

 

He does not need to make or start payments until two months after the signed agreement so his first payment was due on the 25th December 2004,

 

The default notice states from the Bank of Scotland we may register at the credit reference agency to which we subscribe, well it looks like they didn't because it's not there,

 

So the only date that seems to carry any weight is the original 25th October 2004 Credit agreement which is now just a couple of months from being statue barred.....''

[Pinky69]

Whether they register a default or not doesn't change the SB date. The SB date isn't in any way a function of defaults.

[kathleenbilly]

This is the letter i'm sending out to them in the next day or two then we will start to see how this pans out....

 

I do not acknowledge any debt to your company.

For your information, all communications regarding this matter must be in writing for Court use. Personal callers will neither be admitted nor spoken to. Telephone calls will not be answered or acknowledged. If your telephone calls continue,they will be taken as HARRASSMENT under PROTECTION FROM HARASSMENT ACT 1997. This is a CRIMINAL Act which can lead to 6 months imprisonment and/or a level 5 fine. I shall therefore report you personally to the police.

You are required to supply the following before I will enter into any further correspondence with you.

1. You must supply me with a copy of the agreement you refer to. This is my right under your obligation to supply a copy of the agreement which is s.78 (1) CCA 1974 (s.77 (1) for fixed sum credit) - your obligation extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

2. You are also obliged to supply a copy of the deed of assignment of the above referenced agreement.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Failure to comply with my request will result in a report being submitted to the relevant statutory authority.

I await your response in writing.

[Blondie40]

Capquest relied saying the account was opened on the 25/10/04 there letter was brief.

 

so not statute barred, in simple terms i could just sit it out for a few months and then it will be statute barred according to there own information to me.

 

I still think there are bluffing they are well know for buying debts older than 6 years.

 

The fact the debt is not shown on Experian is a good sign if not on Equifax which i will see in the next fews days then clearly it's passed the 6 year date,

 

Thats my guess could have this rapped up by next week. It's for them to prove the debt is owing or not statue barred as they say by providing me the information to prove it ie: the credit agreement i don't see why i need to do anymore at this stage until i see what they have first, (maybe nothing)

 

When was the last payment made?

 

The clock for a debt to be statute barred only starts ticking from the date of the last payment, from what you have said if account opened 25/10/04 the only way it can be SB is if no payments made at all.

[Blondie40]

Hopefully as you say there is no CCJ, this would have fallen off the credit files after 6 years, but would still be valid.

 

If you want to check up on that you can do so online and it costs, I believe £8:

 

CCJs, court orders & fines - Search yourself and others - Trust Online

 

Creditors can have a CCJ registered again if NOT paid up in full after 6 years.

[kathleenbilly]

Yes your correct,

 

the person claims he made two payments which would of started from around 25th December 2004,

 

So the default or last payment by him was maybe in February 2005

 

But no default has been recorded or registered on his credit file.

 

these payments were made via direct debit from a bank account.

 

Capquest speak only of the original agreement date as clearly they at this stage have no clue of when payment if any were made given the search of his file gave them no information of the debt in any way,

 

All they have is an account number and a date that's it.

 

Now i will be pushing them for the original agreement which they may not be-able to come with we will see.

[kathleenbilly]

There is no CCJ the guy picked up a fantastic morgage deal and has a credit score of 780

 

i just can't get my head around how this has slipped through the credit file net.

[Blondie40]

In that case I would hold off with sending letters telling them its SB until after 25 Feb 2011. All you are doing is alerting them to the fact they are running out of time if they want to issue County Court Claim.

[Blondie40]

There is no CCJ the guy picked up a fantastic morgage deal and has a credit score of 780

 

i just can't get my head around how this has slipped through the credit file net.

 

Back in 2004/2005 creditors were a lot more free and easy with their money and probably had a lost less staff working in their collections departments, could have very easily slipped through the net.

[kathleenbilly]

I had already sent a limitation act letter to them to which they have informed me it is not as i did not have any information. They are correct it is not statue barred at the moment.

 

But they still have alot of work to do themselves starting with providing me with proof of an actually credit agreement for starters

[Blondie40]

I would proceed with caution, some banks when they give you a CUSTOMER COPY of an agreement do not have customer signature and/or bank signature boxes on them.

 

However the CUSTOMER COPY should have all the required prescribed terms.

Have you checked this out?

 

Does the DN issued comply as well?

The image you have posted is too small too tell.

[kathleenbilly]

Default notice

Edited July 11, 2010 by kathleenbilly

[Blondie40]

Still not clear, although that's probably good because the agreement number is on.

 

What is the date by which the arrears need to be paid?

 

Could make out Ms Edwards signature, she has got around a lot.

[kathleenbilly]

Arrears to be paid by 17/06/2005

[Blondie40]

Is the amount of arrears for 3 months payments then is last payment made on 25/02/2005?

 

And is this figure correct?