CapQuest

[cherrypie]

Hi, we had a bank account with Lloyds from 2001 and they charged us over £7,000 in bank charges and interest over a period of time. During 2001 we were in financial difficulties, behind with our mortgage due to redundancy. Have been battling with Lloyds over many years to write off their excessive charges as in one charging period they charged us nearly £700. They were always aware of our situation but always refused to help.

Anyway, haven't written to Lloyds since early 2011. I do recall Robinson Way took over this, as Lloyds offered to reduce to £2,000 in early 2008. I do recall making some small payments to Robinson Way debt collectors but this may be outside the 6 year period, not 100% sure.

Yesterday, a letter arrived from Capquest saying they had bought the debt from Lloyds Bank. We haven't received any kind of correspondence from Lloyds since 2008.

Don't know what to do. I am not contacting them and there is no way I am paying them any money as basically Lloyds kept charging us excessive fees month on month when they knew of our financial situation. To my mind, I do not owe Lloyds any money whatsoever as we have already paid £1,000 in fees and charges.

Any help appreciated.

[nemesis45]

Re: CapQuest

Good morning,

Capquest will have no knowledge of any dispute with Lloyds they will have bought the debt as part of a huge portfolio of debts with the absolute minimum of information.

If you ae thinking along the lies of the debt being statute barred much will depend on the following factors.

1. The date Lloyds " called in the debt" by demanding repayment of the full amount owed on the account ( Final Demand )

2.What was said in terms of admission of liability for the debt in your letters in 2011 any unequivocal written acknowledgment resets the 6 year "clock" to zero.

3. You don't owe any money to Lloyds because Capquest has bought the debt and the right to collect it.

4. Any payment to any party during the relevant 6 year period also sets the " clock" back to zero.

What amount is Capquest pursuing?
Have you checked your credit file to see what information is showing? You can check Noddle Free Online.

Capquest will have no interest in a dispute with Lloyds, the approach now would be to send a " prove it" letter to Capquest requiring them to prove that the debt is owed.

Please be aware that Capquest do proceed through to the issue of a County Court Claim if no contact is made.

What you have received so far is I suspect is the legally required " Notice of Assignment " of the debt to Capquest, has there been any further correspondence. Who sold the debt to Capquest?

nem

[Amethyst]

Re: CapQuest

[MENTION=2]Celestine[/MENTION] [MENTION=551]pt2537[/MENTION] ( just tagging a couple people to take a look at your post about Lloyd's charges ) Do you have copies of the statements from the period of the charges still ? Have you ever taken the complaint to the Financial Ombudsman ?

[cherrypie]

Re: CapQuest

Nothing on our credit record as it is at least 8 years old since default was registered. there is no notice of assignment, just a letter requesting payment and to get in touch. If I send a prove it letter, would this affect the 6 year limit?

[nemesis45]

Re: CapQuest

Nothing on our credit record as it is at least 8 years old since default was registered. there is no notice of assignment, just a letter requesting payment and to get in touch. If I send a prove it letter, would this affect the 6 year limit?

No such a letter should always refer to " the alleged " debt and mention that you "do not acknowledge any liability for it".

The age of the debt is different from the date that a debt may have reached statute barred status as any payment/ written acknowledgment will reset the " clock".

nem

[cherrypie]

Re: CapQuest

ok, thanks. Is there a prove it letter I should send?