Any advice... CapQuest debt...

[toni25]

Hi there, I am new to this site and just need a bit of advice.

 

I recieved a letter in late June/ early July from CapQuest demanding payment for an old debt from about 5 years ago that I was sure was cleared at the time. Anyway, I moved house around the time the debt was meant to have been incurred... anyway, I told them all this on the phone and asked them for more details about the debt. They told me they would contact the company and write to me with details. I then recieved a letter saying they had put my account on hold for 28 days while they are waiting for the company to respond e.t.c e.t.c

 

Anyway, that was 10th July I think (when the last letter was sent) and I have heard nothing since then whatsoever. Basically I am reluctant to contact them again to chase it up in case it has somehow 'gone away' (!) although I know this is unlikely. But, I just read another post on this site where someone said something about there being a law that if the debt company doesnt reply within a certain time they can no longer chase the debt? Is that true? If so, does that mean that if they contact me now or in the future then they are breaking the law and they cant make me pay?

 

Any advice would be greatly appreciated, also I apologise if this kind of enquiry has been addressed on another thread...

 

Thanks, Toni25.

[nathal]

the statue of limitation

 

for your debt to be effectively out of date

you must not have contacted the company in six years or made any payments in the same

or have a ccj for it or it be secured

[toni25]

The law that I was referring to was the Credit Consumer Act that states that a request for information must be satisfied within a certain period of time (30 days). Does that apply here? seeing as I asked for details of my debt in early July and it is now October and I have heard nothing?

[NailPost]

Provided you worded the request properly and sent a £1 postal order or cheque to cover their admin costs then they should have provided the details within 12 working days. If they don't they are in default and a month after that they have committed a criminal offence.

 

In writing and telling you 28 days Capquest have effectively admitted they don't have the evidence and are rumaging around trying to find them. A lengthy period has passed since then and they can't take any action until they do.

 

In the meantime don't contact Capquest - the ball is in their court - but do consider filing a complaint to the Office of Fair Trading.

[Milky]

The law that I was referring to was the Credit Consumer Act that states that a request for information must be satisfied within a certain period of time (30 days). Does that apply here? seeing as I asked for details of my debt in early July and it is now October and I have heard nothing?

 

Ask in writing for a copy of the CCA, their deed of assignment and a full and detailed statement of the account. Theres a letter template in the forum here and it'll cost you £1. They then have 12 working days to repsond(they probably won't or will resend another "account on hold letter". They then have a further calendar month to respond then you can go legal on them...come back in a month and 12 days and I'll tell you what I did next...I'm on day 2 of the calendar month and don't expect to recieve anything before the month is up. Then I'm going to look at going legal!!

[Arachnae]

Frankly Toni I would not contact them. The fools may have gone away, they may not have done, but leave it to them to contact you again. If and when it happens send the CCA letter; as you appear to have asked them for details over the telephone I assume that it was merely a verbal request and not a formal CCA written request with the £1 fee.

[toni25]

Thanks for all the advice.

 

Yes, the request was verbal but shortly after the telephone conversation I recieved a letter from them saying they will reply within 28 days with the account info e.t.c but like I said, that was in July. So I guess I should just wait and see if they ever do contact me again and then I can quote the '28 day' thing at them again. As it has been so long I assume that they did not find the necessary information. If they do contact me again then I will send the offical letter asking for the CCA e.t.c.. does this sound like the right thing to do?

 

By the way... the debt is with 'shop direct financial services' and I think its to do with some old catalogue account from about 6 or 7 years ago... does this make any difference? i.e. they would have to have the original credit agreement and stuff is that right? Seeing as it is to do with a mail order debt and not a bank debt or council tax thing (which I have experience of) then is it more likely that they would give up on it?

[Milky]

Thanks for all the advice.

If they do contact me again then I will send the offical letter asking for the CCA e.t.c.. does this sound like the right thing to do?

 

If you put a CCA in now rather than wait for them to contact you *if* it came to court action i assume it would look better to the judge that you were pro-activley trying to sort this out rather than ignoring it. Might go in your favour and mean you got the whole thing sorted rather than have it hanging over your head..just a thought.

[MrShed]

I would wait....with a bit of luck if you just do not acknowledge the debt, and they do not get a court order over the next 6 months or so, they will be outside of the required time limit.

[LondonPam]

If you haven't acknowledged the debt for 6 years then it's statute barred, as a few have said. I really wouldn't bother contacting them and would let them do all the chasing. If they do contact you I would send them a letter telling them you believe it to be statue barred. You can find some specific templates around on the site. Good luck.

 

Just found the template!

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html#post162366

[shywazz]

hello just read the above started thread, i myself had dealings of the same postion, see thread SHYWAZZ this has gone on for many months now, with me writing to them and me getting letters back, since my supposed debt is well over 6 years ago, i have opted to leave things as they stand, as its up to them to prove i owe the money, i sent a letter seeking the breakdown etc, and got many basic replys, ie account on hold for 28 days, hence 4 times lol they having a laugh really, wasted my time replying to them, so now left well alone, sure they will again write some day in the furture, but till then, stuff em. kept all they letters, to prove what they said, which never happened. they also said the intrest would be frozen untill sorted, yet everytime amount of debt rising with they charges, to begin with i was somewhat upset, but now just cant be bothered with them, seems they send letters out, but once you question what they write to you, they go away. will keep a eye on your thread m8y, and will let you know should i hear from them also. for now dont worry too much, keep anything they do send you, incase you need in future.

[shywazz]

soz my thead was Help needed with bank stuff, but with same DCA

[NailPost]

If this is a catalogue debt the likelihood of there being a signed credit agreement is slim at best. Sending the CCA letter would be your best option. If they can't provide the evidence then there is no debt!

[shywazz]

Toni25 how did you get on with that capquest problem? would be intrested to know. thanks shywazz

[gallb]

Hello All,

Well i have had capquest chasing me from Aug 06 and in Oct 06 get a letter saying account on hold until they found my agreement etc and never heard anything!!! Until now i have just recieved another debt letter and thank god i kept ALL OLD CORRESPONDANCE to prove it.

So whatever you all do keep it all its been over a year for me and they have still come back.

 

Gallb