Alliance & Leicester and Capquest

[Slippy272]

Hi All,

 

I have a problem. £1000 debt from A&L for a personal loan about 9 years ago. No contact in last 6 years but capquest contact me and i duly agreed to pay them £100 p/m. i have made 4 payments.

 

I am wondering if i can stop my payments and write a CCA to capquest?

 

In the thought that if they cannot produce one i will not be obliged to continue paying... Afterall it the debt no longer appears on my credit report as it is over 5 years old - i've checked.

 

Could someone please provide a template CCA letter and address for capquest? i'm not being lazy, i've looked but cannot for the life of me find one.

 

Any help appreciated.

[kennyparkroad]

you should have never paid them

 

the debt was statue barred, (because it was older than 6 years) but now youve agreed to pay it, its lifted that time frame and is legally enforceable now (if im wrong someone will correct yet)

 

i would CCA capquest anyway, although you should have done that before making the first payment!

 

 

send this to capquest recorded delivery.

 

Dear Sir/Madam

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

Since you are a Debt Collection Agency, please also supply a signed true copy of the deed of assignment of the above referenced agreement

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

 

 

 

although i feel youve already shot yourself in the foot by paying them, although again someone will come along and correct me, could he not argue what he has paid as "good faith" until he could sort out his records, and therefore claim it back???

 

anyway send that CCA request off to them, see what comes back and keep us updated.

[Slippy272]

Reputation added!

 

I started to pay them before i became aware of this site hence lack of knowlege. Now i'm gutted and thinking along the same lines as you ie, good faith payment etc claim back etc.

 

I will post the letter (thanks for that!). Does someone have an address for capquest to hand? I'm in work now and don't have any correspondence!

[kennyparkroad]

CapQuest Group

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

 

Telephone: (01252) 576433

FAX: (01252) 576364

 

 

 

i think this is it, fax them (print out a fax header sheet too to say they recieved it) and post it recorded delivery today

 

i think this is the address not 100% certain but they have their own website which is where i got these details

[Slippy272]

Star!

[pfens]

hi I also send any letters etc to their registered offices as well, Address is:

Capquest

9 Clarendon Place

Leamington Spa

Warks

CV 32 5QP

[kennyparkroad]

thanks for that,

 

send it to both! that will put a banana in their exhaust!

[sequenci]

you should have never paid them

 

the debt was statue barred, (because it was older than 6 years) but now youve agreed to pay it, its lifted that time frame and is legally enforceable now (if im wrong someone will correct yet)

 

 

utterly wrong.

 

under the limitation act once a debt is statute barred it always will be.

 

so if 6 years have passed even though you've made payments it would still be statute barred for the remainder.

[Slippy272]

utterly wrong.

 

under the limitation act once a debt is statute barred it always will be.

 

so if 6 years have passed even though you've made payments it would still be statute barred for the remainder.

 

 

So would that mean that the £400 i've paid them, potentially is reclaimable? and i can stop paying any further monies?

 

Unless they get a court order?

[kennyparkroad]

thanks for correcting me, but i was sure someone told me that once you made payment you acknowledged the debt and therefore its live again

 

 

glad to have been corrected cause I KNOW i read that on different threads!

 

so what does he do now then?

[kennyparkroad]

Law relating to debts: statute-barred debts

 

read that, does it clear things up for you?

[sequenci]

Law relating to debts: statute-barred debts

 

read that, does it clear things up for you?

 

i've studied the limitation act in the legal capacity

 

time will only start running again if a payment or acknowledgement was made during the time in which the debt wasn't statute barred.

 

if a debt is statute barred and a payment was made or an acknowledgement in writing carried out it would NOT make time start running again. The limitation act bars the remedy but not the right.

 

this is covered by s29(7) of the act.

 

i don't think you would be able to recover any monies paid, the limitation act doesn't stop the money being owed, it stops possible action to recover the debt.

[kennyparkroad]

so does he send the statue barred letter now then?

 

im sorry i got the info wrong but so glad someone came along and corrected me

 

so its still statute barred! cool

[sequenci]

so does he send the statue barred letter now then?

 

im sorry i got the info wrong but so glad someone came along and corrected me

 

so its still statute barred! cool

 

providing 6 years have passed with no acknowledgement or payment then it could well be stat barred, so long as there was never a court judgment obtained.

 

a cca is still worthwhile as it *should* provide a statement of account.

[kennyparkroad]

but he has made payments, you mean as long as 6 years have passed in total before he started making payments again?

 

sorry for more questions, dont mean to get in your bad books!

[sequenci]

but he has made payments, you mean as long as 6 years have passed in total before he started making payments again?

 

sorry for more questions, dont mean to get in your bad books!

 

you're not in my bad books

 

as long as 6 years have passed for a simple debt any payments/acknowledgments made thereafter wouldn't matter as the debt would have reached the point of being statute barred.

 

the only problems arise if a payment/acknowledgement was made within the 6 years, this would cause the limitation period to start running afresh.

[Slippy272]

WAW! Thank you both!

 

So i'll send the letter suggested above?

 

Any other suggested action?

 

Would you suggest i stop making any further payments to capquest until this is sorted?

[sequenci]

WAW! Thank you both!

 

So i'll send the letter suggested above?

 

Any other suggested action?

 

Would you suggest i stop making any further payments to capquest until this is sorted?

 

send them the statute barred letter recorded and stop making payments until they can prove to you that it isn't statute barred (which by the sounds of things will be never)

[Slippy272]

send them the statute barred letter recorded and...

 

Where would i find this letter? Is there a template library?

 

Thanks once again for all your help. I'm quite worried that they are taking me for a ride and want to get it sorted asap.

 

Thanks.

[kennyparkroad]

this is the letter, might need tweeked a bit as you have paid but it is still statue barred

 

sequenci. can you help with the re-wording here?

 

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We 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.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

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

 

We look forward to your reply.

 

Yours faithfully

[Slippy272]

Sorry i haven't been in touch.

 

I have done what was said above. They have written a letter back regarding another account (saying that it has been trasfered back to the original debtor). This is good, i knew about this (seperate issue - don't worry about it).

 

I've just had an extremely harrassing phone call. Bullying me about me cancelling the £100 payments. Threatened to contact my employer to retireve the debt! Pushing and pushing for me to make a payment and kept saying that they were making notes on my account that i was refusing to pay the debt.

 

I then spoke to the supervisor as i was dissatisfied with the tone, i recieved the same tone and ignorance. Then he said that they were going to wipe the floor with me and that i was going to (and already had) incurred extra charges!

 

He was saying about the 6 year limitation act but was saying that as i have made payments that that no longer applies!

 

I need to write a letter quick smart as i'm expecting one from their solicitors. I'm so fired up now i can't even think about writing a letter!

 

Any advice/wording? PLEASE>

[Slippy272]

I also said that i would be happy to pay the debt on receipt of the Credit Agreement. He said he was not prepared to go through the expense of obtaining that unless i paid.

 

He said as soon as i pay - i will get the original contract.

 

I kept on telling him that that's the wrong way around. I will only pay something that's proved to be mine. Not pay something to find out if its mine.

 

GRRRRRRRRRRR.

[kennyparkroad]

dont speak to them on the phone

 

instead write them a letter saying the account is in dispute and no payments will be forthcoming until and unless they satisfy your legal request.

 

 

have you sent a CCA or an SAR to all companies involved?

[beancounter]

They are obviously desperate now that you have rumbled them, hence the extra pressure ( the only response these people are capable of) Stick to your guns.

[Slippy272]

I sent them a CCA but i didn't have the account number so they assumed that it was for an already closed issue. I will send them another with the relevant account number.

 

Thanks.