Good Afternoon,
I am writing her on behalf of my partner (debtor), who is not in a position to write themselves. For ease in translation I will write in the first person.
In a nutshell
In 2007 I took out an Aqua Credit card.
In 2010 I got in to financial difficulties and defaulted (outstanding balance approximately £1500).
The debt was sold on to CAPQUEST in December 2010.
After some correspondence between myself and CAPQUEST I took it upon myself to set up a Standing Order in favour of CAPQUEST for £5.00 per month effective from May 2011.
Details of the AQUA account were filed away and buried in the loft years ago and as the Standing Order was being paid from an overlooked bank sub-account I rarely visit (changed banking method),
I forgot all about the debt and Standing Order.
I did not receive any communication from CAPQUEST from this point, even when I told them I was moving.
In the intervening period I have moved a couple of times.
I informed CAPQUEST of the first move, but not the second.
To be honest, so many years had passed and with no annual statements or communication with CAPQUEST I forgot they even existed until recently.
In October last year I received a letter from CAPQUEST stating they had just purchased the account and requesting I telephone them to discuss repayment.
At first,
I thought CAPQUEST were chasing a Statute Barred debt.
I wrote to CAPQUEST stating the account was Statute Barred.
They responded confirming that they had receive a recent payment of £5.00 which confirmed the account was not Statute Barred.
After a little digging around in a dusty loft I found my old AQUA file,
where documents confirmed CAPQUEST had been assigned the account in December 2010 (not October 2017 as they were now suggesting),
and a document confirming the outstanding balance of £1503.00 – not the £1976.00 now being claimed.
Having established the debt was still ‘live’ and not Statute Barred, I made a CCA request. CAPQUEST returned the attached.
I would be extremely grateful if someone could look at the attached and advise if this agreement is valid.
Once I have a response, I will continue with the rest of the story and what has happened to date, including the results of a SAR.
Many thanks in anticipation…
AQUA REDACTED UNSIGNED AGREEMENT.pdf
AQUA REDACTED SIGNED AGREEMENT.pdf