Sealion v Capquest

[sealion]

Good Evening, I have received a letter from Capquest requesting payment for an old debt, (which is over 7 years old) for the sum of £1416, this debt has been passed to them from another DCA, who said that I owed £26,000, all those letters I ignored, Capquest gave me 14 days in which to settle the debt, as I chose not to answer them they have now issued a letter from a firm of solicitors (Legal solicitors in association with Sampson & Co.) stating that I now have only 5 days in which to pay the account in full or make satisfactory settlement, they will instigate court proccedings, at No time have I phoned or contacted these companys.
As the debt is over 6 years old what should I do next ?, I look forward to your expert advice,
Kind Regards Sealion.

[TUTTSI]

Re: Snakebite v DCA & Hired Solicitors

As long as you have not during the last 6 year period made any payments or contact with them with regards to this debt, I would ignore them as the debt will be staute barred. Therefore, they cannot take any action. These people who have bought the debt are just trying there luck often they use prepaid solicitor letters.

Have a read here http://www.legalbeagles.info/forums/...ead.php?t=9118 useful letters which you could use.

[sealion]

Re: Snakebite v DCA & Hired Solicitors

Thank you Tuttsi for getting back to me, most appreciated. But, what I forgot to say in my first letter - was that about 8 years ago a letter eventually caught up with me from RBS (original creditor) to say that they had taken me to court in my absence to make me bankrupt over this debt. (unpaid credit card) But I have NOT ever recieved any paperwork or letters regarding this happening. It cannot be on my credit file as I have recently applied for a credit card and have been accepted. I have now (yesterday) recieved a letter from H Legal, Solicitors in the matter of CapQuest about this debt saying that as I failed to respond the previous letter from CapQuest in April, I am to "Take notice That unless the amount is paid in full by 14th May Court proceddings may be issued against me with extra costs being added to the debt ie Court costs + Solicitors costs also with interest being added on a daily basis - no mention of how much this percentage would be". Do I reply to this letter? and if yes what do I say please as I am worried that IF I was taken to court all thoses years ago in my absence and the debt was registered, would the statute of limitations still stand? The last time I had a letter about this it was from a different DCA wanting over £26,000, it must have been sold on again to these people and they want now £1416.00 or £1561.00 if it goes to court. Thank you for your help, kind regards Sealion

[TUTTSI]

Re: Snakebite v DCA & Hired Solicitors

Thank you Tuttsi for getting back to me, most appreciated. But, what I forgot to say in my first letter - was that about 8 years ago a letter eventually caught up with me from RBS (original creditor) to say that they had taken me to court in my absence to make me bankrupt over this debt. There is no proof that you have been made bankrupt as far as I can see? you would definately know if you had been made bankrupt. If you were the debt would have been written off. (unpaid credit card) But I have NOT ever recieved any paperwork or letters regarding this happening. It cannot be on my credit file as I have recently applied for a credit card and have been accepted. I have now (yesterday) recieved a letter from H Legal, Solicitors in the matter of CapQuest about this debt saying that as I failed to respond the previous letter from CapQuest in April, I am to "Take notice That unless the amount is paid in full by 14th May Court proceddings may be issued against me with extra costs being added to the debt ie Court costs + Solicitors costs also with interest being added on a daily basis - no mention of how much this percentage would be". Do I reply to this letter? and if yes what do I say please as I am worried that IF I was taken to court all thoses years ago in my absence and the debt was registered, would the statute of limitations still stand? The last time I had a letter about this it was from a different DCA wanting over £26,000, it must have been sold on again to these people and they want now £1416.00 or £1561.00 if it goes to court. Thank you for your help, kind regards Sealion

It is as I have already said to you they are stabbing in the dark. They have bought debts from your credit card peeps and are trying to realise some money. For this reason only the debt is over 6 years old and is outside the statute of limitations so even if they took you to court you have a defence unless you have acknowledged the debt within the last 6 years. Read the link with the various letters which Curlyben has written and if you want you can send them one of these letters. But do not sign it with your usual signature.

Tuttsi

[sealion]

Re: Snakebite v DCA & Hired Solicitors

Thank you so much Tuttsi, it is a weight of my mind, you have been a real star getting back to me so quickly, I will send them the full CCA letter with the £1 postal order letter as written by CurlyBen. - will that be ok? Please thank CurlyBen also. I will send the letter registered tomorrow. If I have any more correspondence I will let you know. Kindest Regards and Best Wishes. Sealion x

[TUTTSI]

Re: Snakebite v DCA & Hired Solicitors

Whatever you do, do not acknowledge that you owe the debt.

Thank you so much Tuttsi, it is a weight of my mind, you have been a real star getting back to me so quickly, I will send them the full CCA letter with the £1 postal order letter as written by CurlyBen. - will that be ok? Please thank CurlyBen also. I will send the letter registered tomorrow. If I have any more correspondence I will let you know. Kindest Regards and Best Wishes. Sealion x

[Amy]

Re: Snakebite v DCA & Hired Solicitors

If the debt is statute barred then you should not send the CCA letter, as this is irrelevant.

If you do not want to ignore the letter completely, then send this Legal Beagles Consumer Forum

[Curlyben]

Re: Snakebite v DCA & Hired Solicitors

In all honesty a simple prove It letter goes a long way, there's one here: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles Consumer Forum post#4

IF they respond to this with anything meaningful then you can go from there.
You MUST be 100% sure that this is indeed SB'd before you start firing off letters making those claims. to be barred the last acknowledgement of the debt, either in writing or by payment, must be over 6 years ago (5 years in Scotland).

In this case you can ignore any threats from CQ's "solicitors" as they by these letters in bulk template form. The "solicitors" have no idea who you are or what this relates to. This is a lucrative business for some "solicitors" lacking in morals. Until the DCA can prove your liability to this debt then they are simply phishing.

[Snakebite]

Re: Snakebite v DCA & Hired Solicitors

Sealion, why are you posting on the thread I created about my own financial conflict, with your own monetary concerns? The thread is entitled "Snakebite v DCA & Hired Solicitors."

Please don't spam this thread any more with your issues, start a thread of your own if needs be.

Cheers.

[TUTTSI]

Re: Snakebite v DCA & Hired Solicitors

I have requested that Admin separate sealions thread from yours and start a new thread for him.

Sealion, why are you posting on the thread I created about my own financial conflict, with your own monetary concerns? The thread is entitled "Snakebite v DCA & Hired Solicitors."

Please don't spam this thread any more with your issues, start a thread of your own if needs be.

Cheers.

[sealion]

Re: Sealion v Capquest

Firstly sincere apologies to Snakebite, am new to this site, and was not sure how to start off writing about my problems.
After reading additional replies written here. Have I got myself in more of a pickle?
I did go off in a rush and send the CCA letter including £1 P.O. But, did not put my address nor did I sign it - should I have given my address and a signed squiggle? I did put on their ref no. and case no. (so they would know who had sent it back to them)
Sent it off recorded delivery, checked the next day to make sure it had been signed for by them, ( One of CapQuest staff) then counted down the 12 days waiting.
Have received a letter today from CapQuest requesting confirmation of Quote "they have received a letter quoting ref ***** unfortunatly the letter has no address or signature and would I please advise them in writing if this letter was from me and to ensure my details are includined in my reply"
Should I write back and answer this letter? if so what should I say please?
The last acknowledgement for this debt was by letter from the original creditor some 8 years ago. I await your reply, thank you for your help - I'm a bit worried now.
Kind regards Sealion

[TUTTSI]

Re: Sealion v Capquest

As Curly says a simple prove it letter would have surficed.

http://www.legalbeagles.info/forums/...ad.php?t=13980

[sealion]

Re: Sealion v Capquest

Can I ask CurlyBen what he sugests I do now please.

Thank you Sealion

[Curlyben]

Re: Sealion v Capquest

Send 'em a prove it and ignore the previous CCA. After all you are really trying to find out exactly this went SB'd and not much else.

You MUST include your details, but NO NOT sign it. Just print it on the bottom in some fancy font.

After all how can they do the old Data Protection cobblers without it.

[sealion]

Re: Sealion v Capquest

Thank you very much CurlyBen, I will to this tonight, oh yes just remembered they have not got my name right - they have put one of my christian names and tagged it along with my surname so should I just leave it at that - or for the Data Protection bit should I just put my correct surname in fancy font at the end?
Thank you for you help, I shall wait for your reply before I do anything Sealion