Hello I mentioned this to someone and they said there is no way I can do a chargeback on something like this. it's just tough luck. Not sure if anyone has succesfully done a chargeback after paying a barred debt???

:oops:hi dx, do they acutally send the muppets out or is that just a threatening tactic?

hi slick he was in a lot of financial bother around that time and it is doubtful it is mistaken ID as there is only two other people with the same surname as him in the UK! (and those are his daughters, lol) We want to get them to prove about the CCJ as he didn't know about court action, but over the last 13 years, he lived in about 8 different addresses. Is there a template letter he could send to Capquest to ask them to prove there was a CCJ and also they are going along the route of saying they aren't obliged to send the original agreement as it is subject to a CCJ, so they will probably just say them same when we ask for evidence of the CCJ??

thank you both. I've just found another letter they sent him dated 7 February 2013 "We wrote to you recently but our records indicate that we have not reached an agreement with you. We would like to work with you to agree a solution which us both affordable to you and acceptable for our client. We can of course only do this if you contact us, If we do not hear from you we will need to work with our client to consider the options available. These include our representative, Fieldcall Ltd, visiting you at your home to reach an agreement with you. We very much hope and expect that this can be avoided and we look forward to hearing from you" At this point my partner paid them £83.00 over the phone and was told he would have to set up a payment plan for £50 per month for ten years or a settlement of £4562.25 Really worrying reading the bit about the Fieldcall calling to the house now

This is the email my partner sent to them: Further to our recent telephone conversation regarding the balance I apparantly owe you, could you please provide details of the Original Lender that this debt is linked too. ie Agreement Form , payment dates etc. Once I am confident that I actually owe this this debt then I will be more than willing to talk to you so a payment plan that is affordable by myself and acceptable to you can be arranged.

thank you - do you think its unlikely that a CCJ was issued on this debt - ie looking at the dates above? also, should I just do a SB letter to them? do you know how I go about doing a chargeback?

hi dx thanks - is it best to ask them for CCJ paperwork etc or would you just ignore them completely?

My fiance received correspondence from Clarity DCA - we aren't sure if this is likely to be Statute Barred as we have checked credit file and it doesn't show there and we have done a registry search and no CCJ's are present. Clarity haven't mentioned if legal action was taken, and if not because the last payment made according to them was December 2006 then we assume it was SB in December 2012 - is that right? Note that they wrote to him in October 2012 but he hasn't acknowledged the debt in writing, he just rang them and said he wanted more details about it and then they sent a copy of the original agreement but we have no details of what he paid off it etc. He didn't make any payment to Clarity until February 2013, where he paid the odd £83 over the phone. I just want to check what's best to do - here is the letter: Letter from Clarity re Citifinancial dated 12 October 2012 Our client Britannica Recoveries Balance £6083 Loan Taken out 13 November 2003 Last payment made December 2006 (my partner rang them and asked them to send a copy of the original agreement to him and they emailed it to him on 31 January 2013. The agreement showed the date it was taken out as 13 November 2003. He then rang them up in February 2013, paid off the odd £83 by debit card and set up a direct debit of £50 per month). The £50 direct debit hasn't started it was due to start in April 2013 but we have now cancelled it. We think an SB letter might be the right way to go, but they might start saying they contacted us in October 2012 before the 6 years was up? Thanks in advance for any advice

I just need help on what we should do next. My partner is being chased by Capquest. They won't provide a copy of the original loan agreement because they said they don't have to due to legal action being taken and a CCJ issued in March 2006. To sum up: We have checked his credit files and done a registry search (all adresses for the last 13 years) and this debt isn't showing, nor are any CCJ's whatsoever, but assume the information isn't there because it's gone past 6 years. So we initially panicked and set up a payment plan of £50 per month to Capquest, which we later cancelled as we want proof that he does owe the money and if it did go to court. Someone mentioned getting a SAR but who would we request that from - Capquest?? We aren't sure if we should ignore any correspondence from them or try to obtain paperwork as my partner doesn't remember much about it, ie. what was borrowed, what was paid etc. I thought it could be Statute Barred, but obviously not IF a CCJ was issued. Anyway, the letters they have sent are as follows - just want to know what others think. What is the likelihood of them taking him to court/sending people to the house etc if he doesn't pay it. ?? 9 Nov 2012 From Capquest Debt Recovery Balance 2080.63 Account purchased from Barclays Partner Finance fmly Clydesdale We confirm receipt of your email dated 8 November 2012. (this was the one where my partner asked if he could have a copy of the original agreement, as he doesn't remember what was owed) Please note that legal action was issued on this account and judgement was entered on 23 November 2006. This account is a Barclays Partner Finance account, with regards to a Clydesdale fixed term loan. The account was opened on 1 August 2001 and was last paid on 21 December 2005. The account was assigned to Capquest on 30 March 2006 due to non payment. We are willing to discuss with you a payment arrangement, etc etc (he rang and asked them to supply a copy agreement) Another letter from Capquest dated 19 Feb 2013 In response to your request for copy documentation, please note that it is the OFT's view that a creditor is not obliged to supply copy documents under sections 77 to 79 of the Consumer Credit Act after judgement is obtained. We reiterate that we are willing to discuss with you a payment arrangement etc. (this is when he panicked and set up a £50 per month dd)