Capquest - Arrow Global Ltd

[Sue49740]

I have today received a letter from Capquest chasing a statue barred debt the debt became statue barred the original default date was the 29/09/2009 then the debt was sold on and the new default date 28 January 2010 so would have been statue barred in January 2016

Where do I stand now or what should I do

Thanks in advance
Sue

[charitynjw]

Re: Capquest - Arrow Global Ltd

Hi

What is the alleged debt for? (Credit card, loan, mobile 'phone bill etc).

[Kati]

Re: Capquest - Arrow Global Ltd

tagging [MENTION=55034]nemesis45[/MENTION] xx

[Sue49740]

Re: Capquest - Arrow Global Ltd

Its a credit card

[charitynjw]

Re: Capquest - Arrow Global Ltd

Ok

the original default date was the 29/09/2009

Is this via a CCA s87 Default Notice?

[Sue49740]

Re: Capquest - Arrow Global Ltd

Hi Chariitynjw

No I did a noodle check sometime ago and luckily copied and pasted the information from my credit file as it is no longer on the file

[nemesis45]

Re: Capquest - Arrow Global Ltd

Hi Chariitynjw

No I did a noodle check sometime ago and luckily copied and pasted the information from my credit file as it is no longer on the file

Hello Sue responding to your PM.


On the details you have given me this is certainly statute barred.

Send AG a letter by signed for post and copy it to Crapquest.

(if you need help with a letter let me know)

nem

[Diana M]

Re: Capquest - Arrow Global Ltd

I have today received a letter from Capquest chasing a statue barred debt the debt became statue barred the original default date was the 29/09/2009 then the debt was sold on and the new default date 28 January 2010 so would have been statue barred in January 2016

Before you write to anyone can you clarify when you last paid anything towards this debt or acknowledged it in writing. The default date isn't necessarily the trigger for a debt becoming Statute Barred.

For example an account may be defaulted after the borrower fails to remedy the sum requested in any DN by the date stipulated.

However plenty of people make payments after that default date either through a DMP or after agreeing an ATP or making a random payment over the phone under pressure from a DCA which they forget about as the years go by.

You need to be 100% certain it's SB before you write any letter to Capquest. Because if it's not SB then Capquest may decide to issue legal proceedings to beat the SB clock deadline.

Personally I think it's safer for you to send a s.78 CCA Request since you say this was a credit card.

That way Capquest shouldn't issue proceedings until they comply with your request which will give you time to check your facts, while at the same time protect your legal positon in case the debt isn't SB and a claim is issued.

Hopefully it is SB but I prefer to take a belt and braces approach until certainty kicks in.

Di

[Sue49740]

Re: Capquest - Arrow Global Ltd

Hi Di
I certainly have not paid or communicated with them since 2008 that is when I moved and have not heard from them since this date
thanks
sue

[nemesis45]

Re: Capquest - Arrow Global Ltd

Before you write to anyone can you clarify when you last paid anything towards this debt or acknowledged it in writing. The default date isn't necessarily the trigger for a debt becoming Statute Barred.

For example an account may be defaulted after the borrower fails to remedy the sum requested in any DN by the date stipulated.

However plenty of people make payments after that default date either through a DMP or after agreeing an ATP or making a random payment over the phone under pressure from a DCA which they forget about as the years go by.

You need to be 100% certain it's SB before you write any letter to Capquest. Because if it's not SB then Capquest may decide to issue legal proceedings to beat the SB clock deadline.

Personally I think it's safer for you to send a s.78 CCA Request since you say this was a credit card.

That way Capquest shouldn't issue proceedings until they comply with your request which will give you time to check your facts, while at the same time protect your legal positon in case the debt isn't SB and a claim is issued.

Hopefully it is SB but I prefer to take a belt and braces approach until certainty kicks in.

Di

As it happens I have seen the full picture on this AND all is well!

[Diana M]

Re: Capquest - Arrow Global Ltd

As it happens I have seen the full picture on this AND all is well!

I'm aware that you have seen the OP's information by PM but since no one else reading this thread knows what facts you were in possession of when you to gave your advice I decided to flag up the default date and SB issues with a post on the forum so that others reading the thread don't make a false assumption when considering their own potential SB situations.

Hello Sue responding to your PM.

On the details you have given me this is certainly statute barred.

Send AG a letter by signed for post and copy it to Crapquest.

(if you need help with a letter let me know)

nem

I stand by my advice and suggest that the OP sends a s.78 CCA Request to cover all bases and hopefully prevent legal proceedings from being issued. Sending a letter stating that a debt is SB does not provide legal protection in the same way.

My firm finds that 99.9% of clients who come to us believing their debt to be SB are mistaken when closer examination of the facts takes place.

Diana M

[warwick65]

Re: Capquest - Arrow Global Ltd

If you have had no contact since 2008 which was at an old address is it possible they have communicated with you since at your new address?

They should not be sending detailed information by post unless they are sure who you are. DPA and all that.

Somewhere along one the line they have your new details, could there be an admission of liability in there somewhere?

[Sue49740]

Re: Capquest - Arrow Global Ltd

Hi I have checked my credit report on clearscore Arrow Global conducted a search on the 27th February 2017 I would assume thats where they have my current address from since I moved to this address I have 4 previous addresses I am not on the electoral roll here I have been told the DVLA sell name and address not sure how true this is

[Diana M]

Re: Capquest - Arrow Global Ltd

I have checked my credit report on clearscore Arrow Global conducted a search on the 27th February 2017 I would assume thats where they have my current address from since I moved to this address I have 4 previous addresses I am not on the electoral roll here I have been told the DVLA sell name and address not sure how true this is

I think to get to the bottom of your question (how or not to reply to a letter you've received from Capquest) it may help if you to post up (type out) exactly what the letter said.

The 'threat level' matters.

Was it a LBA giving you a deadline for a response or else legal proceedings would commence?

Did it state the amount owed and name who was the original creditor? I presume it did because you are so certain the debt is SB.

Could this be a phishing letter if you are not on the electoral role where you currently live?

Sometimes it's best not to enter into a conversation with a debt purchaser unless it's needed.

I can't say whether that's the case with your current situation until you post a bit more information.

One thing that is certain is that if you reply to that letter you will be telling them that it is 'you' which they have written to, at the address to which they have tracked you down.

A bit more info needed.

Di

[Sue49740]

Re: Capquest - Arrow Global Ltd

Hi Attached is a copy of the letter