Help......capquest letter

[charitynjw]

Re: Help......capquest letter

The ball is now firmly back in Capquest's court.
If Next can't find anything, how can Capquest?
If it were me I'd just wait to see what their next move is. (No pun intended......well, maybe a little one! )

[Bok]

Re: Help......capquest letter

thanks for that, feeling slightly better about the whole thing.
amazing the power these companies can have over a persons "panic station"

[Bok]

Re: Help......capquest letter

The ball is now firmly back in Capquest's court.
If Next can't find anything, how can Capquest?
If it were me I'd just wait to see what their next move is. (No pun intended......well, maybe a little one! )

Hello again

So next have no information on me and Capquest now keep sending letters saying they are waiting to hear from next.
they say "we are still waiting for a response from next regarding your query. We are in regular contact with next and we will let you know as soon as we have an update."
How long will they keep sending me these letters for?
thank you

- - - Updated - - -

Hello again

So next have no information on me and Capquest now keep sending letters saying they are waiting to hear from next.
they say "we are still waiting for a response from next regarding your query. We are in regular contact with next and we will let you know as soon as we have an update."
How long will they keep sending me these letters for?
thank you

[charitynjw]

Re: Help......capquest letter

Hi Heidi,

If you've sent a CCA request + £1 fee & they can't find anything to send, then the agreement is unenforceable until/unless they do comply.
In the meantime the clock is still ticking on statute-barred.
Their letters do not require any response from you, so just file them & wait to see if they can come up with anything.

[helena]

Re: Help......capquest letter

hello Heidi,
I wouldn't worry about this as it sounds like this is definitely statute Barred under the legislation of limitations act 1980. statute barred limitation is 6 years in in England, and 5 years in Scotland. You said you have had nothing to do with this debt, not paid anything toward it, nor acknowledged it in writing since 2010 or maybe before that even as you say you moved away in 2010 but haven't said exactly when you stopped paying unless i missed that bit.
If its statute barred they cannot sue you in court for it, but they sometimes try as they play on peoples ignorance. If they did start a claim, you would have a solid defense that its statute barred.
Looks like they just tried it on for the chance that you would worry, contact them, and admit the debt in writing or/and start paying. I'm afraid many people do.

[warwick65]

Re: Help......capquest letter

Heidi

Please just remember - if you do get anything that looks like a letter before action or an N1 claim form, these letters do need responding to

Although by the sounds of it you do have a solid Statute barred defence should they actually issue a claim (which so far they haven't- maybe because they know it is SB) , I kind of feel a belt n braces approach is best - use all the tools you have

While I agree with Charity that there is no need to respond at the moment, should serious letters arrive I feel it is a good idea to respond (although be careful how you phrase letters) because if they think you are ignoring them they may just try and sneak something in under the radar

Don't worry though , it does sound like you have some good advice and a good defence if needed.

[charitynjw]

Re: Help......capquest letter

It is also worth mentioning that any acknowledgement or payment which affects the start date of the statute-barred period must be made by the debtor themselves or, if by another party, that party has the express (written) consent of the debtor to do so.
Limitation Act 1980 ss29-31.
(Just in case they try to use any communication/payment by your ex).

[Bok]

Re: Help......capquest letter

hello Heidi,
I wouldn't worry about this as it sounds like this is definitely statute Barred under the legislation of limitations act 1980. statute barred limitation is 6 years in in England, and 5 years in Scotland. You said you have had nothing to do with this debt, not paid anything toward it, nor acknowledged it in writing since 2010 or maybe before that even as you say you moved away in 2010 but haven't said exactly when you stopped paying unless i missed that bit.
If its statute barred they cannot sue you in court for it, but they sometimes try as they play on peoples ignorance. If they did start a claim, you would have a solid defense that its statute barred.
Looks like they just tried it on for the chance that you would worry, contact them, and admit the debt in writing or/and start paying. I'm afraid many people do.

Hello helena
thank you you for that. After sending the request to Next with the £10 and they replied with "we have no information on you", I then received a letter from capquest (in reply to my request for a CCA) that they would get back to me by a set date. They day before that expired was when I got the first letter stating they they were still waiting for next to get back to them and they would be in touch. The next one was this last one stating that they had still not heard but were in regular contact with them and they would be in touch.
to keep getting letters like this is quite horrible really, so thank you for all the advice
hx

[helena]

Re: Help......capquest letter

Hi Heidi
Yes it is not a nice situation to be in, but you have got some really good info in this thread. Just keep the letters filed that they send you and any communication only in writing (as you already know)
I'm sure they will give up in the end. Best thing to do is get on with your life and only think about this when you have to deal with it.
Please keep this thread up dated for any help for yourself if it ever needed and it also helps load s of other people too.
Its so frustrating when people leave their thread cold with no update. It also serves you well. I have got a couple of cases on a different web site from back in 2008. Its always good to go back and have a read of them, use the info to help others

[Bok]

Hi, it’s been a few years and have heard nothing from Capquest. After asking for the original Credit Agreement, they said they would be in touch when they have it. Not heard a thing since, until this week. I received an email saying that a document has appeared on my account and that I need to contact them about it. The only change is we moved and re registered on the electoral roll. Is that why? I have worked so hard on my credit score over the years and I score a 999 with Experian now. We are looking to buy a house and can’t have anything mess up those chances. It has been nearly 10yrs since I was in any debt and I’m Terrified again. It physically make me sick with worry.

[Bok]

Hello Again,
So after getting 2 emails, I received a letter dated 29th May 2021.
It states that the balance is £640 and if I settle before the 25th June, I can pay 50% ie £320.
Do I need to respond to this letter?
I have been on experian and have a score of 999 and nothing shows up from this.
I have still never received the CCA that I requested.
Each and every time I receive these emails or letters, it sets my anxiety off and it just the worst feeling.
How can I make them stop?
I feel like its harassment. What should I do?
Thank you all for being on this very long journey with me.

[MIKE770]

No they are phishing in hope you are gullible? No CCA and they know they have no case, even if they did it would have to be correct and also many other areas would need to be correct, but as stated they are trying their luck. if you can give details here when last paid, is it showing on CRA file>> over 6 years then a statute barred letter could possibly be sent, but for now do nothing as they hope you do what you are doing worrying, they hope you give them money to get rid of them, = would you give money to somebody you do not owe?? Noooooooo

[Bok]

Hi,
Nope payments were ever made by me, my ex was meant to pay it. He said he did but has no record...... (not too sure if he is telling the truth or not)
So the original debt would have been from 2010. Capquest last contacted me in 2017 and as stated above: "we are still waiting for a response from next regarding your query. We are in regular contact with next and we will let you know as soon as we have an update."
That was the the last I heard in 2017, then a couple of months ago i got 2 emails saying a new document was available on my capquest account, I ignored those. Then yesterday I got a letter offering me a 50% discount if I settled before 25th June.
That is the only information I have. What other information do you need? Thanks for the help

[MIKE770]

None. If no acknowledge has been afforded then they are trying it on??? So all can do. Is see what if anything they try to do next?? mostly last resort they try before going away!

[MIKE770]

The parasitic business model of debt purchasers is solely based on getting money (profit) from anyone they can bully into submission by phone/text or downright scary/frightening letters threatening things which they may (and possibly know) they can't necessarily 'lawfully' achieve.