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| The independent answer to your debt problems | login join |
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reg
| 09-04-2009 09:22 PM |
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Joined: 09 Apr 2009 Posts: 3 | in 1997 i got a car on finance, in Christmas 1998 the car was stolen and set on fire, my insurance company paid out to the finance company but not all of the debt, about 600 pounds was outstanding, i then left England to live abroad and only came back 2 years ago and got a mortgage, a few weeks ago i was sent a letter from a debt collection agency stating that i owed 1400 pounds but not saying for what, so i phoned them to find out what it was about, at first on the phone they said it might be for a credit card i had or a car, i said that i have had neither and they would revert to the original credit agreement, then i was sent another letter which contained a copy of the original credit agreement from 1997, and an outstanding balance of 1400 pounds on the letter, could some one tell me if this debt is statute barred. reg |
| DW George | 10-04-2009 04:56 PM |
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Joined: 01 May 2007 Posts: 401 My Profile | Reg Yes, the debt is statute barred. The creditors can write to you asking for the money but they can't pester you and they can't take you to court over the debt! The debt collectors know this and once you have written a letter to this effect thye'll leave you alone and move on to the next easy target. George |
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reg
| 18-04-2009 09:22 PM |
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Joined: 09 Apr 2009 Posts: 3 | sent a letter to the dca on the 14th april to say debt is statute barred, then they sent me notice of intented legal action on the 15th april saying they are going to try and get a county court judgement against me, do you think they are just trying to scare me into paying. reg |
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IGGS
| 30-04-2009 11:04 AM |
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Joined: 30 Apr 2009 Posts: 3 | HIYA I AM SURE THAT AS THE DEBT IS OVER SIX YEARS OLD, YOU CAN ASK THE COURT TO SET ASIDE THE JUDGEMENT AS YOU ARE USING THE LIMITATION ACT.. BUT I WOULD CHECK FOR SURE.. IGGS |
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foties
| 01-05-2009 10:58 PM |
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Joined: 01 May 2009 Posts: 1 | Reg, Statute Barred is applicable so long as YOU HAVEN'T acknowledged the debt. Contacting them by phone CAN be seen as acknowledgement and the Limitations Act is reset (6 years in England/Wales, 5 in Scotland). I see you said you called them. Did you confirm the debt or any details relating to the debt? If you did, then it could be a grey area regarding the Limitations act as if you have confirmed the debt or any of your details on the debt then Limitations Act would not apply. The key thing is NOT to phone them, only ever write. I have popped a link here for National Debt Line. They have a sample letter you can use to advise Limitations Act for debt that is Statute Barred. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act The key thing though is have you admitted the debt owed, if you have then I'm afraid Limitations Act will reset and you'll have to wait to period required. If you HAVEN'T then follow the NDL guidelines. As for any 'lovely' letters they send, ignore them and be prepared for a fight. As for court action, so long as you HAVEN'T acknowledged the debt (I keep saying that, sorry) then when it goes to court you simply produce the letter advising its Statute Barred. The court will get annoyed with the DCA and award in your favour. DCA's know they CAN'T take you to court on Statute Barred debt but rely on you NOT knowing what they can and can't do to get you to cal them and admit the debt. Good luck mate |
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reg
| 09-06-2009 08:36 PM |
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Joined: 09 Apr 2009 Posts: 3 | I have not replied to this one for a while because i heard nothing for a while, when i phoned them first time i only aknoloweged my name, address and date of birth then asked what the debt was about, the lady on the phone said it must be for a credit card i had or maybe a car i had on finance, which i replied i have had niether of these. She then said they would have to revert back to the original credit agreement and that was the last time we discussed the matter by telephone. As i said i have heard nothing for a while until last week when they sent me a letter stating that they were handing the said debt over to H L LEGAL & Collections and would be looking to take me to court, what do you think will happen now. |
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macawboy
| 25-10-2009 11:54 AM |
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Joined: 25 Oct 2009 Posts: 1 | Capqust. Info -------------------------------------------------------------------------------- HOW TO DEAL WITH THESE BULLIES Capquest Group Ltd. is a UK company that buys other peoples' debts. This is their main business. They buy these debts for pennies in the pound, and then try to claim the full amount. Unfortunately, it's not illegal. However, what Capquest do in many cases, is illegal. They contact people and claim money when no legally enforceable contract exists. They bully and harass their victims, sometimes telephoning up to 10 times a day - and keep this up for weeks or in some cases - months.This is HARRASSMENT under PROTECTION FROM HARASSMENT ACT 1997. This is a CRIMINAL Act which can lead to 6 months imprisonment and/or a level 5 fine. They refuse to provide copies of relevant agreements and use illegal tactics. They use solicitors' headed notepaper to scare you, but you can find out how to complain to the Law Society about this. Challenge this company, don't pay money when you don't owe it. They send out letters resembling telegrams, from a company they own called Telogram Ltd. They don't identify them as being from a debt collector. They're bullies - and the only way to beat them is to stand up to them and have the perpetrators arrested and convicted. You'll find all the information you need here to do it. Capquest is supposedly a British company, but is jointly owned by two overseas companies, Blue Ocean Investments, registered in Luxembourg and BRUinvest registered in the British Virgin Islands. The ultimate controlling party is Blue Sky Trust, a Bahamian company. Why is this? So they don't pay any tax, there is no other reason. Doubt if the Tax man will see much from these parasites. These types of company usually move 'loans'around their companies and never show a profit, and so pay no tax. This tells you about Capquest and the type of company it is. Reputable? What do you think? Time to close them down! The British 'director' (or puppet, as some might say) in charge is Michael Daniels, but the strings are pulled by two characters called Joseph Arthur Dlutowski and Mark Andrew Brunault who are American 'vulture capitalists'. Both with a history in the sub-prime loan market and the desire to make a quick buck. They're struggling, so challenge each and every demand they make. Make them work for their money. Never speak to them on the telephone, always write to them. Block their number or have it diverted to either the OFT or the police. If they contact you, use this letter to challenge the alleged 'debt'. Write to them, using the letter below. Send it by Recorded Delivery and enclose a £1 postal order in payment of the statutory fee. If the debt is older than six years and you have had no contact in that time, then use the letter here. ________________________________________ Michael Daniels, Capquest Group Ltd., Centaur House, Ancells Business Park, Ancells Road FLEET GU51 2UJ Dear Sirs, Yr. Ref. I do not acknowledge any debt to your company. For your information, all communications regarding this matter must be in writing for Court use. Personal callers will neither be admitted nor spoken to. Telephone calls will not be answered or acknowledged. If your telephone calls continue,they will be taken as HARRASSMENT under PROTECTION FROM HARASSMENT ACT 1997. This is a CRIMINAL Act which can lead to 6 months imprisonment and/or a level 5 fine. I shall therefore report you personally to the police. You are required to supply the following before I will enter into any further correspondence with you. 1. You must supply me with a copy of the agreement you refer to. This is my right under your obligation to supply a copy of the agreement which is s.78 (1) CCA 1974 (s.77 (1) for fixed sum credit) - your obligation extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. 2. You are also obliged to supply a copy of the deed of assignment of the above referenced agreement. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not. Failure to comply with my request will result in a report being submitted to the relevant statutory authority. I await your response in writing. Yours faithfully, Use this letter for debts older than 6 years for which you have had no contact. ________________________________________ Michael Daniels, Capquest Group Ltd., Centaur House, Ancells Business Park, Ancells Road FLEET GU51 2UJ WITHOUT PREJUDICE Dear Sir Re: Account No/Reference No: No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 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.” If your telephone calls continue,they will be taken as HARRASSMENT under PROTECTION FROM HARASSMENT ACT 1997. This is a CRIMINAL Act which can lead to 6 months imprisonment and/or a level 5 fine. We shall therefore report you personally to the police. The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. If you do not supply such confirmation, I will be making a complaint to the statutory authorities. I look forward to your reply. Capquest |
