Capquest (old stat barred LLoyds debt) query

[JGJ]

Hello All,

 

I sent Capquest a "Stat Barred Letter" circa Sep 2013 re an alleged old debt from Lloyds. This is definately stat barred by many months.

 

In late oct 2013 they replied firstly with an apology re the delayed response.then up pops, the our investigations have revealed that I made a mystery £1payment into the account some 3 years earlier and therefore the acc. is not Stat Barred.

 

Further they also state that they are not in a position to cease processing my data as they are the legal owners of the acc. The default on the cras file was originally entered by Lloyds and then updated by Capquest upon assignment.They are not in a position to remove the default, as they are obliged to update accurate information to the cras.(There are now 2 references re this alleged debt.)

 

Also they say that the account will remain on hold, as they have requested relevant copies of the statements from Lloyds and that they will be sent to me at the earliest opportunity. They also add that having reviewed the information received from me they believe that they have not made a mistake, as the acc is not stat barred.( Nothing further received since Oct 2014)

 

I sent them a further letter late Oct 2014 confirming the Stat Barred status of the acc and accepting no liability and that no payment will be made now or in the future re this alleged debt.

 

I also restated to them that having checked historical statements I can confirm that no such payment alleged by Capquest was ever personally made nor authorised by me.

 

Nothing further received from them since late Oct 2014.

 

All advice/info will be as usual gratefully received, re my next options / tacticts should be in ridding this pain in the backside, AKA Capquest.

 

"EXEMPLO DUCEMUS"

[Bazooka Boo]

Dear oh dear, cr@pquest attempting to defraud, whatever next!

 

I would simply have replied,

Dear Bill&Ben,

Thank you for your written confirmation that you are attempting to defraud me and are refusing to remove the inaccurate data you are reporting to the credit reference agencies.

I am now seeking legal advice with a view to taking legal action against you, I look forward to my day in court.

 

How long has this left to run on your CRF?

Have you informed the CRA's that they are reporting inaccurate data on your file?

[fkofilee]

Phantom Payment?

:sigh, they never learn.

 

Ask them how that payment was made?

[JGJ]

Bazooka Boo,

 

1)Went on CRF as default in 09

2)Not yet with CRA re entries

 

Nothing from Crapquest since Oct. last.

 

"EXEMPLO DUCEMUS"

[JGJ]

fkofilee,

 

Phantom indeed, I will second guess that it was a well meaning benefactor that paid the enormous sum of £1 into the acc to help us out and maybe not to restart the SB clock ticking again, or am I being cynical??

 

"EXEMPLO DUCEMUS"

[fkofilee]

No youre not being cynical

 

They sometimes do this... I would find out how that payment was made... Its important for the SB date.

If i remember rightly; Capquest are notorious for doing this... I remember seeing threads in the past on this.

[BRIGADIER2JCS]

Good afternoon JGJ, responding to your PM.

 

 

Going to ask some questions.

 

 

1. What is the default date on the account?

2. What type of account was this?

3. Are we to understand that the Credit file date is wrong (2009) and the date is earlier in fact?

4. The £1 alleged payment: Could this be a CCA request fee?

[JGJ]

BRIGADIER2JCS,

Thank you for your swift reply.

 

1) Def date 22 06 09 on CRAs, I have a Default notice in file from 2008.

2) Loan

3) May be a lot earlier,seem to remember lots of jousting with Lloyds sols after the bank charges decision from Supreme court was handed down, our accounts including Loan acc went into overdrive

4) Probably Moorcrap as they were one of the pursuers in the chase 6 all told and all gave up the chase.

5) Capquest appear to be attempting to defraud me, by insinuating the £1 payment was paid into a Loan acc not serviced since 2007.

 

"EXEMPLO DUCEMUS"

[BRIGADIER2JCS]

Ok: Lets annoy from the top down.

 

 

Fao. Helen Ashton

CEO Capquest Group

Fleet 27

Rye Close

Fleet

Hants.

GU51 2QQ.

 

 

Date:................:

 

 

Ref: Use Theirs:

 

 

Formal Complaint:

Dear Ms. Ashton,

 

 

I refer you to correspondence between my self and Capquest regarding an alleged debt for £xxxx.xx original arising from an account with Lloyds Bank, this matter hasnow become rather protracted I want it dealt with promptly.

 

 

This alleged debt appears on my credit reference files with a default date of 22/06/09 whereas no payment or unequivocal written acknowledgment has been made sincc 2007.

 

 

Capquest has claimed that a payment of £1.00 was made on xx.xx.xxxx but have not provided unequivocal proof of any such payment being made or authorised by myself.

 

 

Give approximate date of this alleged payment I have checked my historical statements and no such payment appears.

 

 

Also I can conclude that the alleged payment is likely to be statutory fee for a request made under sections 77/78 of CCA 1974 (as amended) possible sent to Moorcroft which failed to comply with the lawful request and misappropriated the fee.

 

 

Mystery payments of £1.00 seem to feature in challenges as to the status of debts in regards to them being statute barred.

 

 

Therefore Capquests claim that the alleged debt is not statute barred is totally refuted.

 

 

I formally state that this alleged debt is statute barred and I will not now or in the future make any payment or offer of payment in regard to this matter.

 

 

I would now suggest that Capquest closes its file on this matter and takes commercial view that further pursuit of this statute barred debt will not achieve the result it seeks.

 

 

I refer you to Appendix B of the OFT Guidance on Debt Collection 2003/2006 updated Nov 2012, regarding the pursuit of statute barred debts.

 

 

This is my final response.

 

 

OK JGJ recorded signed for post check delivery.

 

 

 

 

 

[JGJ]

BRIGADIER2JCS,

 

Once again Sir I salute you.

 

Thank you very much for your "BRILLIANT" response to my request.

 

I will keep you informed.

 

"EXEMPLO DUCEMUS"

[BRIGADIER2JCS]

BRIGADIER2JCS,

 

Once again Sir I salute you.

 

Thank you very much for your "BRILLIANT" response to my request.

 

I will keep you informed.

 

"EXEMPLO DUCEMUS"

 

 

 

Thank you JGJ your thanks are much appreciated.

 

 

Good luck!!

[citizenB]

Hello All,

 

I sent Capquest a "Stat Barred Letter" circa Sep 2013 re an alleged old debt from Lloyds. This is definately stat barred by many months.

 

In late oct 2013 they replied firstly with an apology re the delayed response.then up pops, the our investigations have revealed that I made a mystery £1payment into the account some 3 years earlier and therefore the acc. is not Stat Barred.

 

Further they also state that they are not in a position to cease processing my data as they are the legal owners of the acc. The default on the cras file was originally entered by Lloyds and then updated by Capquest upon assignment.They are not in a position to remove the default, as they are obliged to update accurate information to the cras.(There are now 2 references re this alleged debt.)

 

Also they say that the account will remain on hold, as they have requested relevant copies of the statements from Lloyds and that they will be sent to me at the earliest opportunity. They also add that having reviewed the information received from me they believe that they have not made a mistake, as the acc is not stat barred. ( Nothing further received since Oct 2014)

 

I sent them a further letter late Oct 2014 confirming the Stat Barred status of the acc and accepting no liability and that no payment will be made now or in the future re this alleged debt.

 

I also restated to them that having checked historical statements I can confirm that no such payment alleged by Capquest was ever personally made nor authorised by me.

 

Nothing further received from them since late Oct 2014.

 

All advice/info will be as usual gratefully received, re my next options / tacticts should be in ridding this pain in the backside, AKA Capquest.

 

"EXEMPLO DUCEMUS"

 

are you sure about those dates I have highlighted.. unless I have slept through most of 2014 or you are lucky enough to have your own tardis.. we havent reached October 2014.. yet !!

[BRIGADIER2JCS]

I think he mean 2013 CB.

[JGJ]

citizenB,

 

On the ball as usual, it is obviously a CAG system malfunction,

 

I think the learned council misheard, did I not say 2013??

 

Thank you for your input. I will now go and do some meditation.

 

 

"EXEMPLO DUCEMUS"

[ims21]

Any update on this please JGJ?

[JGJ]

ims21

 

Sent them a formal complaint letter to the CEO by signed for del, which they received the 14th Feb, not a word since. They should respond by back end of April,giving them 56 working days.

 

"EXEMPLO DUCEMUS"

[citizenB]

Thread moved to Debt Collection forums as requested

[JGJ]

citizenB,

 

Thank you.

 

"EXEMPLO DUCEMUS"

[JGJ]

Hello All,

 

Time scale for reply to Formal Complaint letter to DCA, is it 56 working days or other??

All advice/info will be as usual gratefully received.

 

"EXEMPLO DUCEMUS"

[Bazooka Boo]

http://www.capquest.co.uk/faqs.html

 

Seems they don't like to give themselves a time frame to respond, I would say 8 weeks maximum, then escalate it further, or simply ignore them.

[citizenB]

Time scale for a formal complaint is 8 weeks, after which time you can escalate your complaint to an Ombudsman.

[BRIGADIER2JCS]

Hello All,

 

Time scale for reply to Formal Complaint letter to DCA, is it 56 working days or other??

All advice/info will be as usual gratefully received.

 

"EXEMPLO DUCEMUS"

56 calendar days.

[JGJ]

Thank you all for your swift input it is gratefully received. Give them few more days then I will escalate . Do not like to be ignored and/ or, give them time to procrastinate at their leisure.

 

"EXEMPLO DUCEMUS"

[JGJ]

Hello All,

Still no reply from CEO Capquest and well over the 8weeks 56 days for their reply.

 

Escalation to Ombudsman or County Court, that is the question?

 

Ombudsman service does not appear to have improved.

 

All further advice will be gratefully received as usual.

 

"EXEMPLO DUCEMUS"

[Bazooka Boo]

IMO I would go through all the motions prior to legal action, at the very least the DJ will be able to see

that you have attempted to use the whole process before taking it down the legal route.

 

At least you will be able to show that these have frustrated the whole complaints process from the very beginning,

it can only go in your favour.