Capquest "letter before action" - ignore?

[Moop]

Hello,

 

I have a Capquest "letter before action" regarding a large (over £10k) but statute-barred debt. Is it safe to ignore this at this stage and wait and see if anything happens? I have Limitation Act 1980 Section 5 letter all prepared for them, but it's difficult for me to get to a post office to use recorded delivery, so I'd like to avoid it if they're still at the fishing stage.

[dx100uk]

yea safe to ignore.

just phishing

dx

[harrassed senior]

Just checking, there is no CCJ on this account is there, as this never becomes SB. Also, if this is related to a mortgage of any kind, the SB time is 12 years.

[unclebulgaria67]

Hello,

 

I have a Capquest "letter before action" regarding a large (over £10k) but statute-barred debt. Is it safe to ignore this at this stage and wait and see if anything happens? I have Limitation Act 1980 Section 5 letter all prepared for them, but it's difficult for me to get to a post office to use recorded delivery, so I'd like to avoid it if they're still at the fishing stage.

 

Letter before action means they intend to start court proceeding. CapQuest tend to go for a statutory demand (one step from bankruptcy), even doing this when they are statute barred debts which is a bit silly, as easy to set aside.

 

If there is no CCJ, you will need to make the effort to send the statute barred letter by recorded delivery.

[Moop]

Thanks dx!

 

harassed senior - no there's no CCJ and it's not part of a mortage, I think it's an overdraft I forgot 15 years back and 9/10ths of it's interest and surcharges.

 

unclebulgaria - you're saying the opposite to dx? I really liked dx's answer.

[harrassed senior]

I don't think there is any 'right and wrong' answers, at the end of the day we can only say what might, could, or has happened in the past. Is this the first communication you have had from Capquest as it seems strange for them to go straight for the LBA.

[dx100uk]

soory you say this is 15yrs old!

when was YOUR last financial transaCTION ON IT.

 

DX

[unclebulgaria67]

 

unclebulgaria - you're saying the opposite to dx? I really liked dx's answer.

 

The letter before action is generally issued, when they are considering definately taking forward legal proceedings.

 

If you are sure that the debt is statute barred, then send them the SB letter by recorded delivery. It might save you hassle in trying to get a statutory demand set aside, if they take notice of your letter. CapQuest are a daft company that issue statutory demands at the 'drop of a hat'.

[Moop]

soory you say this is 15yrs old!

when was YOUR last financial transaCTION ON IT.

 

DX

I've just discovered I had got confused between 2 companies with very similar names - it's actually a credit card from 10 years ago, last transaction or contact with them 8 years ago. They had sent 2 previous letters which I ignored because they were so vague they sounded like shots in the dark.

[dx100uk]

then its statute barred ignore them

 

dx

[harrassed senior]

Lots of this going on at the moment, times are tough and they tend to try and 'trick' allegedly, people who may frighten easy and give them something even though they know only too well it is SB. I believe theoretically at least that they can still 'chase' SB accounts, but once you write and tell them they have to 'cease' all activity forthwith then thats that.

[Moop]

Presumably if capQuest takes a statute-barred debt to court, the court wouldn't touch it as the law does specifically say "an action ... shall not be brought"? Or is it down to the defendant to prove it's statute-barred rather than the plaintiff to prove it's not?

[dx100uk]

nope it down to them to prove it is NOT SB'ed....not for you to have to prove it IS

 

ignore

 

dx