Help......capquest letter

[Bok]

Celestine Apparently you have a lot of experience with these sorts of issues. Could you possible have a look at the thread and let me know your opinion please. It would be greatly appreciated. Thank you

[Celestine]

Hi Heidi
My word you have had a long journey with this account. The offer letter will no doubt have been triggered by the activity on your credit file. Companies like Capquest undertake regular searches to keep an eye on you and your finances.
In any case: you have two very strong defence points. The first ‘Limitation Act’ is an absolute defence in itself and can never be reversed. The account is also unenforceable under CCA 1974, a very good clue to how this was going to go was the fact that Next could not locate your details or agreement......so how were Capquest ever going to?
You could write to them stating all this and asking them to cease all contact as it is affecting your mental health.

[Bok]

Celestine thank you for that. What would happen if I just ignored it? Or should I send a letter? If so, is there a template for this? Will they continue to send mail? I don’t want the embarrassment of the new owners of our last house getting that sort of mail or bailiffs coming to the door etc. Oh boy, I am in a right mess

[Celestine]

From National Debtline: Consumer Credit sourcebook (CONC) 7.15.4

If a debt is barred under statute, it means that by law (the Limitation Act 1980), the lender has run out of time to use certain types of action to try and make you pay the debt. It does not mean the debt no longer exists. The amount of time a creditor has is called a ‘limitation period’

The Consumer Credit sourcebook (CONC) says that the following practices are considered unfair or improper when dealing with statute barred debts:

• asking you to pay even if you have heard nothing from the creditor during the limitation period;
• telling you that your creditor may take you to court when they should know that the limitation period has run out; and
• pressing you for payment if you have told the creditor that you are not going to pay the debt because the limitation period has run out.

I personally think it is time to write to them to set out your position and ask them to close the account due to it being time barred and unenforceable. The CONC guidelines set out above are very important to the debt purchase industry. It is definitely time to remind them of their obligations.

[MIKE770]

Statute Barred Letter send & keep copies send proof of posting.

[Bok]

Celestine sorry for the silly question, but is it 6yrs since I apparently had “Next” come after me for money owed or 6yrs since the debt collection agency, who bought the debt, has be in contact with me? Like stated, I have a letter from “Next” stating they have no record of account, but have heard from “Capquest” in the last 6yrs, 2017 and now in 2021. Obviously 2017 is not 6yrs ago, so who do I send the Statue Barred Letter too?

[MIKE770]

CAPQUEST they are the ones pestering you Okay?

[Celestine]

It is six years since Next defaulted you or six years since last payment. Pop up a draft of your letter here and we can tweak it for you?

[Bok]

Celestine hi, am I correct in thinking I need to send Capquest the letter below? All I need to do is put in the acc ref number and sign. Then send it registered mail? Just to clarify, the last few letters I received a letter from Capquest are as follows:
08/06/2017 - them acknowledging my request for a CCA and saying they have requested it from Next and will get back to me as soon as they receive it
08/06/2017 - I received a reply from Next saying they are unable to find an account in my details (the apparent account was in 2010, but I had left the country)
09/06/2017 - I received a letter from Capquest saying they placed my account on hold for 28 days while they were waiting for a response from Next. If they did not get a response by 06/07/2017 they would be in touch
14/07/2017 - letter from Capquest saying they were still waiting for Next to respond
29/08/2017 - letter from Capquest saying they were still waiting for Next to respond
Then this year 03/2021 received and email from Capquest saying there was a new document on my account
A second email 04/2021 received same email from Capquest saying there was a new document on my account
As you said the contact was probably ignited because we moved, got mortgage and re-registered on electoral role?
Lastly:
29/05/2021 - I received a letter from Capquest stating I can settle my account of £640 for a 50% discounted price of £320. That they would not ask for the remaining £320 and would close my account.
SO......are they just trying their luck?
Do I just need to send the Statue Barred Letter? If I send the letter does that mean it would just drag on and they will keep contacting me?
If I had to pay it, try and find the money from somewhere, would they just go away?
I am so grateful for all this advice and help. Thank you very much

[Bok]

Celestine this is the statue barred letter I was sent a link too

Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)

[Bok]

Celestine hello, I’m sure you are extremely busy, but could I ask if the above letter is correct? If I need to send it? Do I also tell them that Next has no record? Thank you

[MIKE770]

Bok - how many threads do you need on this one subject ? stick to this one, instead of asking questions relating to this thread for which the answer on other thread is below!:-


Capquest Group
Capella Building
60 York Street
Glasgow
G2 8JX

[Bok]

Bok - how many threads do you need on this one subject ? stick to this one, instead of asking questions relating to this thread for which the answer on other thread is below!:-


Capquest Group
Capella Building
60 York Street
Glasgow
G2 8JX

Hello Mike, sorry, I am not very good at all of this and I am just trying to understand the situation I find myself in. I have no intention of irritating or annoying anyone. I have also been sent this address privately,
Belvedere, 12 Booth Street, Manchester, M2 4AW.
So can you see my confusion? I do appreciate your advice and input
Thank you

[Celestine]

Your letter is fine but I would also add a sentence regarding the CCA being outstanding after so many years.
Perhaps also mention specifically that you wish them to close the account and cease all further contact. Be assertive! x

[Bok]

Your letter is fine but I would also add a sentence regarding the CCA being outstanding after so many years.
Perhaps also mention specifically that you wish them to close the account and cease all further contact. Be assertive! x

Ok, will do. Thank you very much. I will do so and I will send it registered mail.