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| The independent answer to your debt problems | login join |
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poohbear
| 29-01-2010 03:07 PM |
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Joined: 29 Jan 2010 Posts: 3 | i have a debt that i last paid to over 6 years ago but in the last year have received letters from capquest staing various things. the latest is that they are going to contact their legal department in scotland (thats where i live) and proceed with legal options. They said they are going to obtain a decree, arrest my finances and make an attchment of my goods. firstly is the debt ststute barred even though they have contacted me in the past 6 years? (i have never acknowledged debt nor made any contact with anyone in 6 years), secondly, the debt is in a previous name (changed name by deed pole) so can they arrest my finances in my current name (i am on disabled benefits) and thirdly can they send in bailiffs to take my goods. The company dealing with this debt is capquest. |
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| 29-01-2010 04:07 PM |
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Joined: 29 Jan 2010 Posts: 5 | We have dealings with this company on a regular basis and so far have not experienced any problems. Step 1 - Proof of your debt - did you keep all the correspondence from your creditor and can you find a list of all the payments that you made including the "final" payment"? Evidence in the form of bank statements, cheque book counterfoils would also be useful. Step 2 - Did you obtain a certificate of satisfaction from the creditor after you made the last payment to prove that the debt had been fully satisfied? In our experience, debt management companies take on cases from creditors, be it banks, loan companies or credit card suppliers and start their debt chasing procedures to a formula. They often do not get to know that a debt has been satisfied - particularly if you were making your payments direct to the creditor. Creditors often forget to inform the debt collection agency that a debt has been satisfied so the agents just keep on pursuing the client relentlessly. This is not the case where a company "buys a debt" from your creditor - you would then make payments to the second company and not the original creditor. Again, proof of all and any payments made is essential. We do not know if they can seize your assets in Scotland, but I would imagine that a change of name by deed poll would not be sufficient protection from a legal action for recovery. Your local Citizens Advice Bureau would be a useful contact to discuss your position. Finally, always keep documentary evidence - many people destroy bank statements and letters after reading them and this information is vital to help you prove your case as a defense. |
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poohbear
| 31-01-2010 08:13 PM |
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Joined: 29 Jan 2010 Posts: 3 | thanks for your reply ******** to my capquest problem. i understand all that you have said but unfortunately dont have all the evidence of proof you are stating that i would need for my defence. i will have to see if i can obtain copies from previous banks etc. i will further look into my situation and take steps from there. |
| Annie Nonymus | 01-02-2010 10:18 PM |
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Joined: 01 Feb 2010 Posts: 21 My Profile | Seek local advice. I can confirm that your name change will not protect you in Scotland and Sheriff Officers, rather than Bailiffs, can "Attach" (sieze) your goods, after a legal process and you will know exactly what is happening via paperwork etc. |
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poohbear
| 02-02-2010 10:21 AM |
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Joined: 29 Jan 2010 Posts: 3 | having done further investigations and sought further advice, some legal, i have found out that capquest are one of the nastiest, bullying and intimidating dca's of its time. they apparently commit lots of illegal actions whether it be making up the debt in the first place or indeed forging so called legitimate paperwork. even legitimate companies have complained about capquest and their illegal dealings so i would now question anything they come up with. a lot of debts they allegedly own are indeed statute barred to which you can send a letter stating this which i will be doing or indeed the first instance is that you need to send a 'prove it' letter which often makes them run a mile. i will be doing all my stuff the legal way despite what capquest decide to do! |
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duggie1982
| 18-08-2010 06:48 PM |
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Joined: 18 Aug 2010 Posts: 1 | You cant seize goods in Scotland at all. I have also received these type of letters. If your in Scotland like me then if the debt is over 5 years (6 in England) it is statue barred. Search google for these letters and you can send them away to Capquest. The debt is then unenforcable so can only send letters but no court will allow the arrest of wages etc as not forcable no more. |
| DW George | 18-08-2010 09:20 PM |
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Joined: 01 May 2007 Posts: 492 My Profile | Here's the letter you need - Time barred debts in Scotland |
| integrity | 25-08-2010 09:26 AM |
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Joined: 25 Aug 2010 Posts: 57 My Profile | 6 years and you have not spoken to them or no contact from you then they cannot chase you for debt legally. they canot go through court to claim the debt either. i would not worry about this and send them the letter that george gave you. |
