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Hi
Heres hoping you can provide some advice.
My brother has serious mental health issues and has consequently attempted suicide on a number of occassions in the past. He is currently held under Section 3 of the MHA in a secure facility. He has been in and out of secure mental facilities for most of his adult life, he is now aged 50. His wife holds 2 Court approved LPAs, 1 for Health and Welfare and 1 for Finance and Property. She usually delegates by way of written authority, full power to deal with my brothers financial issues to me, My brother does not have mental capacity to act on his own merit.
A few days ago, I received to my mobile number, a text from Capquest addressed to my brother asking him to contact them and quoted a reference number to be used.
I ignored it and deleted the message.
Several hours later a strange mobile number called my mobile number and on my answering, the caller asked to speak to my brother. I explained he couldnt and the reason for his inability to respond. The caller hung up rudely before I could ascertain whom it was. I now suspect this was Capquest, the reasons why will become clear shortly.
Today i have received a further text from Capquest addressed to my brother asking me to send a return text confirming i wish to deal with the matter by text. I have NOT replied and i have deleted that text also.
This got me wondering what is going on so I pulled my brothers credit check from Credit Karma (previously Noddle).
On there is a default for Arrow Global Limited for nearly £7.5k relating to a car loan. The default is dated September 2019. It is the only adverse piece of information on that report.
No post has arrived here at my or my brothers address from anyone to do with CapQuest/Arrow Global in over 10 years.
Now here is an important bit of information. In May 2014 during a psychotic period my brother took out a car loan with a sub prime lender. He made a single payment for the monthly amount he needed to under that agreement on 1st June 2014. On the 15th June 2014, he was admitted to a Mental Hospital under initially a Section 2 and then later under a Section 3 MHA Order. He remained in hospital under that order until 14 December 2016. His has been subsequently readmitted under section several times since.
During this period, 16th June 2014 onwards, His wife and I froze his bank accounts so no payments could leave from it, including his ability to use the bank cards he had.
This stopped payments for the car loan he had taken out.
On the 9th July 2014, the car finance company issued to my brother, a formal default notice under section 87(1) of the CCA 1974, requiring remedy by 23rd July 2014. (I have the original of this document) No remedy was made and no further contact was conducted by my brother nor any appointed or authorised representative of his. I have all my brothers bank statements covering the period 2010 - present confirming no payment has been made to either the original creditor nor CapQuest (or any of their agents). The car itself was returned to the creditor finance company 18th July 2014 having never been driven by my brother as he had no licence. We have not heard further from the orginal creditor since the return of the car.
My understanding is that this debt is now statute barred as it is now in excess of 6 years old since the first default and no acknowledgement of the debt has taken place and no payment towards the debt has taken place. I beleive the debt became statute barred on the 24th July 2020.
My concern is Arrow have registered the debt as defaulting in September 2019,effectively resetting the clock for another 6 years, further damaging my brothers Credit rating. My understanding is this is not permitted. Whilst the DCA can I beleive change the name on the default to theirs, they cannot change the date of the default to make the debt look younger than it is, nor can they issue a second or more defaults for the same debt to make the debt appear younger than it is and therefore enforceable.
I am happy to tell Capquest and or Arrow to go away as the debt is statute barred but if i am correct, I will also want the default removed from my brothers credit files.
Before I go create merry hell with them, i just wanted to confirm my understanding is correct and garnish the opinion of those on here much wiser and experienced than I on how to go about doing this.
The original creditor no longer exists and companies house records show the company was liquidated last year, so i am unable to go back to them.
Previously in my brothers life, debt collectors calling and visiting him have triggered episodes resulting in him attempting suicide. I am not going to allow any DCA contact him directly as a result of this.
Your advice would be very much appreciated.
J
Heres hoping you can provide some advice.
My brother has serious mental health issues and has consequently attempted suicide on a number of occassions in the past. He is currently held under Section 3 of the MHA in a secure facility. He has been in and out of secure mental facilities for most of his adult life, he is now aged 50. His wife holds 2 Court approved LPAs, 1 for Health and Welfare and 1 for Finance and Property. She usually delegates by way of written authority, full power to deal with my brothers financial issues to me, My brother does not have mental capacity to act on his own merit.
A few days ago, I received to my mobile number, a text from Capquest addressed to my brother asking him to contact them and quoted a reference number to be used.
I ignored it and deleted the message.
Several hours later a strange mobile number called my mobile number and on my answering, the caller asked to speak to my brother. I explained he couldnt and the reason for his inability to respond. The caller hung up rudely before I could ascertain whom it was. I now suspect this was Capquest, the reasons why will become clear shortly.
Today i have received a further text from Capquest addressed to my brother asking me to send a return text confirming i wish to deal with the matter by text. I have NOT replied and i have deleted that text also.
This got me wondering what is going on so I pulled my brothers credit check from Credit Karma (previously Noddle).
On there is a default for Arrow Global Limited for nearly £7.5k relating to a car loan. The default is dated September 2019. It is the only adverse piece of information on that report.
No post has arrived here at my or my brothers address from anyone to do with CapQuest/Arrow Global in over 10 years.
Now here is an important bit of information. In May 2014 during a psychotic period my brother took out a car loan with a sub prime lender. He made a single payment for the monthly amount he needed to under that agreement on 1st June 2014. On the 15th June 2014, he was admitted to a Mental Hospital under initially a Section 2 and then later under a Section 3 MHA Order. He remained in hospital under that order until 14 December 2016. His has been subsequently readmitted under section several times since.
During this period, 16th June 2014 onwards, His wife and I froze his bank accounts so no payments could leave from it, including his ability to use the bank cards he had.
This stopped payments for the car loan he had taken out.
On the 9th July 2014, the car finance company issued to my brother, a formal default notice under section 87(1) of the CCA 1974, requiring remedy by 23rd July 2014. (I have the original of this document) No remedy was made and no further contact was conducted by my brother nor any appointed or authorised representative of his. I have all my brothers bank statements covering the period 2010 - present confirming no payment has been made to either the original creditor nor CapQuest (or any of their agents). The car itself was returned to the creditor finance company 18th July 2014 having never been driven by my brother as he had no licence. We have not heard further from the orginal creditor since the return of the car.
My understanding is that this debt is now statute barred as it is now in excess of 6 years old since the first default and no acknowledgement of the debt has taken place and no payment towards the debt has taken place. I beleive the debt became statute barred on the 24th July 2020.
My concern is Arrow have registered the debt as defaulting in September 2019,effectively resetting the clock for another 6 years, further damaging my brothers Credit rating. My understanding is this is not permitted. Whilst the DCA can I beleive change the name on the default to theirs, they cannot change the date of the default to make the debt look younger than it is, nor can they issue a second or more defaults for the same debt to make the debt appear younger than it is and therefore enforceable.
I am happy to tell Capquest and or Arrow to go away as the debt is statute barred but if i am correct, I will also want the default removed from my brothers credit files.
Before I go create merry hell with them, i just wanted to confirm my understanding is correct and garnish the opinion of those on here much wiser and experienced than I on how to go about doing this.
The original creditor no longer exists and companies house records show the company was liquidated last year, so i am unable to go back to them.
Previously in my brothers life, debt collectors calling and visiting him have triggered episodes resulting in him attempting suicide. I am not going to allow any DCA contact him directly as a result of this.
Your advice would be very much appreciated.
J
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