Capquest and old debt

[fozzybear]

Hi all, i have only just joined this site but have been viewing on here for a while. I am currently paying off an old debt with Capquest. I went through a bad patch in 2002/03 when i lost my job, sold house etc etc. I totally buried my head in the sand (which i now regret) when the letters came through the door. I moved and never heard from anyone for years. In 2010 i had a phonecall from Capquest and to be honest they caught me totally unaware. they said they were calling about a loan i had from the Halifax in 2002 and would i like to set up a repayment plan. I panicked and have been paying £119 a month ever since. There are a few questions i would like your thoughts on if possible, as i am starting to struggle paying that amount each month.

1) I am 99% sure they contacted me after 6 years, but i have made payments to the account since. Is the debt enforceable?
2) Would this show on my credit report as i have recently viewed mine and everything is clear.
3) If this is statute barred can they still obtain a ccj if i offer to repay a lower amount each month?.

I am not sure if this makes sense to you or not, i would just like your thoughts.

Thanking you in advance. Steve

[Kafka]

Re: Capquest and old debt

If 6 years had passed then its statute barred and cannot be reactivated. Stop paying immediately as there's nothing they can do.

Details here that I posted at another forum some years ago.

http://www.penaltychargesforum.co.uk...ars-has-passed

[fozzybear]

Re: Capquest and old debt

Thanks for the swift reply. Thats an interesting read. I had read about statute barred before, but wasn't sure where i stood if payments had been made. Do you know if this would show on my credit file if it wasn't statute barred. Thanks again, Steve

[Kafka]

Re: Capquest and old debt

Details on credit files should only go back 6 years,so there should be nothing there.

You can check this by looking online at Experian for the statutory fee of £2.

[FlamingParrot]

Re: Capquest and old debt

Hi all, i have only just joined this site but have been viewing on here for a while. I am currently paying off an old debt with Capquest. I went through a bad patch in 2002/03 when i lost my job, sold house etc etc. I totally buried my head in the sand (which i now regret) when the letters came through the door. I moved and never heard from anyone for years. In 2010 i had a phonecall from Capquest and to be honest they caught me totally unaware. they said they were calling about a loan i had from the Halifax in 2002 and would i like to set up a repayment plan. I panicked and have been paying £119 a month ever since. There are a few questions i would like your thoughts on if possible, as i am starting to struggle paying that amount each month.
1) I am 99% sure they contacted me after 6 years, but i have made payments to the account since. Is the debt enforceable?

If there was a period of at least 6 years without payment or written acknowledgment then the debt would be statute barred even if payments were made AFTER the 6 year period, which means such payments are a total waste of money, just like burning banknotes!

2) Would this show on my credit report as i have recently viewed mine and everything is clear.

Defaults drop off 6 years after being recorded, so your file should be clear Byron regardless of whether you paid or not.

3) If this is statute barred can they still obtain a ccj if i offer to repay a lower amount each month?.

Once a debt is statute barred a CCJ can't be obtained, SBd is an absolute defence.

[fozzybear]

Re: Capquest and old debt

Thanks for the replys. Am i correct in thinking that if my credit report is clear then this is SBd? as i cannot see capquest name anywhere but i can see my mobile phone payments and BT payments. Steve

[FlamingParrot]

Re: Capquest and old debt

Thanks for the replys. Am i correct in thinking that if my credit report is clear then this is SBd? as i cannot see capquest name anywhere but i can see my mobile phone payments and BT payments. Steve

Not necessarily. Credit reports and the Statute of Limitations are two separate things, they only thing they have in common is the 6 year period. Defaults drop off your credit file after 6 years regardless of any payments made (or not, as the case may be), debts only become SBd when there's a clear 6 years without any payments (or written acknowledgment).

[Kafka]

Re: Capquest and old debt

It should be cleared, yes.

Capquest could only appear if they owned the account, which would make them the Data Controller. However, its more likely that they never owned it, but picked up details and were chasing it on the offchance they could fool you into paying - which they did. From now on, you take control and ignore them, or you could write and point out that its a SB debt.

The most urgent thing to do is nip round the offy and get a bottle of wine in eace:

[fozzybear]

Re: Capquest and old debt

The most urgent thing to do is nip round the offy and get a bottle of wine in eace:[/QUOTE]

Only have A bottle of vodka Here :biggrin1: But have to go out early in the morning so maybe just a small one. I understand what you're saying so maybe i'll just cancel the direct debit and see what they send me? I emailed them a while back asking for statements and it took ages for them to send me a statement, if you can call it that!, all it had was "your recent payments from Aug 12 - Dec 12", which is not really a statement is it? Are Capquest really as bad as what i have read about them? Steve

[Kafka]

Re: Capquest and old debt

I would just cancel the DD immediately and just ignore them - they go away when they realise that they can't make easy money out of you. Unfortunately you can't reclaim the money you have paid them, but from now on its over.

In my experience all DCAs are a disgrace, but CQ is certainly one of the worst.

[fozzybear]

Re: Capquest and old debt

I have just had a look at the "statement" i received, and it says on there "account purchased from Halifax plc". I take it this means that they own the debt legally and its nothing to do with Halifax anymore then?

[Kafka]

Re: Capquest and old debt

DCAs often lie and say they own accounts that they don't. In this case it doesn't matter who owns it if its statute barred.

[fozzybear]

Re: Capquest and old debt

DCAs often lie and say they own accounts that they don't. In this case it doesn't matter who owns it if its statute barred.

I am shocked that they are basically allowed to lie to you, and in most cases probably get away with it!!!

Thanks for your Replys tonight, i am off now. I will cancel the DD now and update you if i receive anything through the post. Thanks again i have gained a lot. Steve :thumb: