Capquest question

[spongebob21]

Just want a little bit of information i have been contacted by capquest.. of a debt that is dating back ten years £444 littlewoods...i sent a prove it letter ...they have contacted me by saying they will take 75% off the amount owing ..a little confused what to do next ,do you think i should go to citizen advice? any ideas?
spongebob21

[Amy]

Re: Debt Recovery Agency help

Have you had any contact at all with regard to this debt in the ten years?

[spongebob21]

Re: Capquest question

no not at all.....

[ByTheWay]

Re: Capquest question

Hi spongebob21, a debt is classed as statute barred if there has been no contact between the debtor and creditor for more than 6 years. There is some info and a template letter here http://www.legalbeagles.info/forums/...read.php?t=111 that you can send

[spongebob21]

Re: Capquest question

Thank you for your advice....i will be presenting them shortly with this information..."update "capquest contacted me offring me 75% OFF the total balance...if i pay a one off payment of £112 it will be cleared...a little confused what to do should i pay or should i stand my ground i am worried that my credit will be badly effected as it has been good for the past 7 years not sure what to do? any ideas.....spongebob21

[stevokenevo]

Re: Capquest question

stand your ground :-)

[ByTheWay]

Re: Capquest question

Have you seen a copy of your credit report recently, do you know if they have placed a default or any other info regarding this debt? If they haven't then it wouldn't affect your credit rating at all. I, personally, would send the stat barred letter and stand my ground.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

http://www.hmrc.gov.uk/manuals/IHTmanual/IHTM28384.htm
If Capquest have stated it is a full and final settlement offer, and you do decide to pay make sure you get it in writing that they won't chase you for the remainder.

I have to shoot off now, but I'm sure if anyone else has any other advice they will be along shortly

[spongebob21]

Re: Capquest question

UPDATE

[spongebob21]

Re: Capquest question

Update regarding capquest: sent the letter you advised me too ..now they are saying i havnt corresponded with them at all, now its" h l legal" haha what a surprise one good thing they havnt got my home phone number, but i am ready to fight them on this statute barred situation any more advice or should i sit and wait for the next move?
regards spongebob21

[Sapphire]

Re: Capquest question

Hiya Bob, personally I'd put the paperwork in a file and sit back and wait for their next move and see what they come up with.

You can always post the next instalment up then and we can see the way forward.

[tomterm8]

Re: Capquest question

HL Legal are the guys that sit opposit the coffee maachine and right next to the threat-o-matic 2000 in the capquest office. I'd send them a formal complaint since they are attempting to collect on a statute barred debt.

[spongebob21]

Re: Capquest question

UPDATE !!!!!!!!!!! had a letter today from capquest to tell me that they have now closed the account no action will be taken phew..............hope its over now,if it is i would like to thank you for your help and the letters you helped me with

regards spongebob21 :-)

[LuggerBugs]

Re: Capquest question

Remember to file that letter away in a safe place. Just in case.

[ByTheWay]

Re: Capquest question

Thats great news Spongebob, and like LuggerBugs says, keep that letter safe. Call me a cynic but there's always a possibility another DCA will try it on in the future.

[Tempty]

Re: Capquest question

nice work Spongebob, file your letter and give yourself a huge pat on the back for standing your ground