CAPQUEST

[fuzzybrain]

Capquest sent us a letter back in Jan 08, claiming that my hubby owed money for a halfords acc from ages ago.

We thought this had been paid off and had gone past the 6 yrs limit. This was the letter I sent them

Iwrite in reference to your recent correspondence regarding the alleged debt of £114.63. I do not acknowledge this debt as being owed as it was settled in 2001 with Clyesdale

Also I am not aware of any correspondence from either yourselves or Clydesdale since 2001, since the settlement of the debt - as there has been no reason for contact. However as this debt is over 6 years old and as not contact has been made during this time then the debt in unforceable.

If you are able to evidence the above please send copies of such evidence to me. I would ask you to refrain from all legal action until this matter is resolved. Please could you write to confirm that no legal action will be engaged upon until this matter has been resolved.

If you are unable to evidence that the debt is enforceable then please could you write confirming that the debt is indeed settled and no further action is to be taken by your company. I would also like clarification that no reference to this alleged debt has been placed on my credit file. Should any entry by yourselves be submitted to my credit reference I would insist upon this being instantly removed. If an entry to my credit file has been made by yourselves and your refuse to remove it then I will commence legal proceedings without further notice to correct the unlawful entry.

I would also like it noted that my wife (**************) has my permission to discuss this matter with you in the fullest detail and make any arrangements necessary.



They responded by telling us we had made payments until 2004, but then the payements stopped and now the debt had been passed to them. They did not send any documentation to prove this.

We did have a debt that we paid until 2004 and then we thought was settled in full.

However the company has not been back in touch since, so what should we do? should we ignore it until they start writing to us again or write back asking of the evidence?

[Paule]

Re: CAPQUEST

I would kick it off with a CCA request and put them to task to see if they have evidence.

Theres a good chance they wont have anything due to the age, and if they do it prob wont be the prescribed terms.

There is a template letter for this in the Library, remeber to include a £1 and DONT sign the letter.

PKea

[Paule]

Re: CAPQUEST

Heres the Link to the letter

Legal Beagles

which can be followed up with
Legal Beagles
if they dont come up with the documents

PKea

[fuzzybrain]

Re: CAPQUEST

Sorry I should had added that I have already that that but they haven't responded and all hasgone incredibly quiet from them, not a peek from them or their legal department since the request was received.

What do I do now - re request the info and start again as it has been in well over 6 months since the last correspondance from them or just let the matter drop and keep all the letters on file incase they decided to reopen the case???? I wondered if they don't have the info so have slunk back into the gutter????#

Thanks for your help in this - very much appreicated indeed

[Paule]

Re: CAPQUEST

If you have already sent a request and they have not fulfilled it,
then sit back because they cant enforce anything unless they can produce the required docs in court.

If they do get in contact again send the second letter to remind them that they have failed to produce the documents,
but dont send a new request if you have already sent one.

[fuzzybrain]

Re: CAPQUEST

Thanks for this, will sit and wait to see if they follow it up. i think that they don't have the reequired info and have decided to let the matter go, but I didn't want to risk doing something wrong.

thanks for the help - much appreciated - do you fancy tackling my other challenges now???

[Paule]

Re: CAPQUEST

thanks for the help - much appreciated - do you fancy tackling my other challenges now???

lol, you come and rebuild my kitchen and ile do your other challenges

[Amethyst]

Re: CAPQUEST

Yep I agree with Peeks too, just chill.

If you want do a list of all your debts you are worried about and the basics of where you are at with each then we can work out what you need to look at and what you can just forget for now.

[fuzzybrain]

Re: CAPQUEST

I spend as little time as possible in the kitchen!! it's saver for all that way!! My skills at DIY are about as much use as a chocolate fireguard - bloomin useless and make a bloody big mess in the process!!!

The only other old debt i have is one from about 10 years ago. I know I owe this money and have been paying it off by SO at £55 a month (can't remeber if we had a CCJ on this one, if we did it has fallen off my credit history now). It's to Interim Justia (orginal debt was to mercintile credit but was sold on about 4 years ago) - I think I still have another 10 years to go on it!!! Once they had added charges, court fees, extra interest etc to it we got crippled and the balance shot up. it was orginally a personal loan from mercentile credit. They write to me every 6 months to a year with a F&F payment offer, but have never had the funds to be able to pay it off.

I suposse i could CCA this one, but what would happen if they couldn't provide the info?

[Amethyst]

Re: CAPQUEST

Wellllllllll you could CCA it, but you know you owe it and have been paying it. It could be more useful to do a full DPA on it and get the charges etc back - plus then you would know if it is actually under a CCJ and if it might be worth a CCA.

[fuzzybrain]

Re: CAPQUEST

I think all the charges that went on we done by MC and a lot of them would have been related to a CCJ (if there was one - I honest can't remember is there was - the is no mention of a CCJ to them on our credit file for the past couple of years) therefore well over 6yrs, so would I be able to claim them - we did clear the majority of the CCJ's when we remortgaged (especially the ones that were very high), so I am thinking this wasn't a CCJ one

[Amethyst]

Re: CAPQUEST

Well a DPA should show up exactly what it was and get you a statement of account so you know exactly what you have left to go.

[Curlyben]

Re: CAPQUEST

*cough* CCA also provides a statement of account and positive proof as to their legal rights to the account

[fuzzybrain]

Re: CAPQUEST

Am I right in thining that if it Interim can't satisfy the CCA request then they have no legal right to enforce the debt and therefore I have no obligation to pay them anymore and the debt will be written off???

Will send the CCA off tomorrow, it doesn't hurt to ensure all is above board, last thing I need is to discover there is some nasty surprize lurking in the wings

[Curlyben]

Re: CAPQUEST

Yep that's the one.