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  • #16
    Originally posted by Spent2much View Post

    Husbands statute barred account saying late payment .

    Account typeCredit Card Account number**************6710 0 Account start date15/06/2005 Opening balance£ 3,070 Repayment frequencyMonthly
    Capquest Investments LTD £ 3,070 09/08/2019 Late payment

    All other accounts seemed to be none existent it is just the above that we need to be able to get removed.
    How do i do that please ? Should we dispute these accounts and capquest have been updating my husbands account saying late payments each month since October 2013 and balance remained the same no payment .

    Is the history of your husband's account posted on your Diary, because that would need to be known before making any suggestions?

    If there's a remote chance it's not Statute Barred he should keep quiet in case any approach triggers new action by Capquest.

    You say it's been SB for seven years, that would mean no payments since 2012, is that correct?

    Can you clarify when was the last contractual payment i.e. the last monthly minimum payment, because the Default should relate to that (3 - 6 months later).

    I can't see anything in your post which says a payment was made. Is there a specific date and amount recorded as the "Late Payment" because the entry might be showing historical information of activity prior to the account being terminated and assigned to Capquest?

    Who was the original creditor?

    Have any payments been made to Capquest since it was assigned to them?

    Di


    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #17
      Originally posted by Diana Mayhew View Post


      Is the history of your husband's account posted on your Diary, because that would need to be known before making any suggestions?

      If there's a remote chance it's not Statute Barred he should keep quiet in case any approach triggers new action by Capquest.

      You say it's been SB for seven years, that would mean no payments since 2012, is that correct?

      Can you clarify when was the last contractual payment i.e. the last monthly minimum payment, because the Default should relate to that (3 - 6 months later).

      I can't see anything in your post which says a payment was made. Is there a specific date and amount recorded as the "Late Payment" because the entry might be showing historical information of activity prior to the account being terminated and assigned to Capquest?

      Who was the original creditor?

      Have any payments been made to Capquest since it was assigned to them?

      Di

      Its on here on the diary and the last payment was 22 June 2012 along with all the rest of them, we have not sent any payment at all , I think this account has been passed on since it became statute barred . It is def statute barred .
      I will check in the diary who the original creditor was . I think this is a joint account and was with Black Horse .
      _______________________________________



      Comment


      • #18
        Originally posted by Diana Mayhew View Post


        Is the history of your husband's account posted on your Diary, because that would need to be known before making any suggestions?

        If there's a remote chance it's not Statute Barred he should keep quiet in case any approach triggers new action by Capquest.

        You say it's been SB for seven years, that would mean no payments since 2012, is that correct?

        Can you clarify when was the last contractual payment i.e. the last monthly minimum payment, because the Default should relate to that (3 - 6 months later).

        I can't see anything in your post which says a payment was made. Is there a specific date and amount recorded as the "Late Payment" because the entry might be showing historical information of activity prior to the account being terminated and assigned to Capquest?

        Who was the original creditor?

        Have any payments been made to Capquest since it was assigned to them?

        Di

        from my ue diary about this account .

        5th July 2012, 12:09
        Re: spent2much UE diary

        Type of account (loan HP )
        joint
        Date commenced (2005)

        Approx balance (£3,070)

        Date last paid (22 June 2012)

        Are you on arrangement or not paying (was on dmp now stopped paying)

        Status (default/cca being sent )

        Account owner (black horse) dca need to find details

        9.7/12012 sent cca request


        29/09/2012 received copy of cca sent to niddy

        r



        received back from niddy 03/09/2012
        ue because they added an arrangement fee the loan

        15/10/2012 sent missing pt's




        8/11/2012 from Black horse, cca was enforceable and asking questions why I think it is not.

        18/07/2014 Capquest

        The consumer credit act 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.

        If you have not already done so , please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.

        If you want more information about which payments you failed to make please get in touch with us . We are required to give you this information within fifteen days of receiving your request for it .

        16/01/2015 capquest
        Notice of Sums in Arrears
        The cca 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.

        If you have not already done so, please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.

        This is not a demand for immediate payment if we have already agreed a repayment arrangement with you. If an arrangement has been made, this will cover the arrears in this notice and there is no need to contact us an you should continue to make payments in line with that arrangement. If you are unable to make these agreed repayments at any time in the future then please contact us to discuss your current circumstances and we will be able to assist you. If we have not agreed a repayment arrangement then please contact us.

        20/07/2015 capquest

        as above same thing not a demand for payment just notice of sums in arrears .

        20/1/2016 capquest yearly reminder of arrears exactly the same letter as above .

        19/1/2017- same as above .

        20/7/2017 -Notice of sums of arrears -.This is not a demand for immediate payment if we have already agreed a repayment arrangement with you . If an arrangement has been made, this will cover the arrears in this notice and there is no need to contact us and you should continue to make payments in the line with that arrangement. If you are unable to make these agreed repayments at any time in the future then please contact us to discuss your current circumstances ad we will be able to assist you.If we have not agreed a repayment arrangement then please contact us . .



        25/10/2017 capquest

        We are writing to inform you that capquest debt recovery limited will no longer be managing your account.

        what does this mean for you ?

        The balance on your account is still owed to caquest and NCO Europe ltd are now managing your account and will be writing to you shortly to confirm detail of this change. You should now direct all queries, correspondence and payments to them .









        Last edited by Spent2much; 25th October 2017, 16:30.
        _______________________________________



        Comment


        • #19
          Originally posted by Spent2much View Post

          from my ue diary about this account .

          5th July 2012, 12:09
          Re: spent2much UE diary

          Type of account (loan HP )
          joint
          Date commenced (2005)

          Approx balance (£3,070)

          Date last paid (22 June 2012)

          Are you on arrangement or not paying (was on dmp now stopped paying)

          Status (default/cca being sent )

          Account owner (black horse) dca need to find details

          9.7/12012 sent cca request


          29/09/2012 received copy of cca sent to niddy

          r



          received back from niddy 03/09/2012
          ue because they added an arrangement fee the loan

          15/10/2012 sent missing pt's




          8/11/2012 from Black horse, cca was enforceable and asking questions why I think it is not.

          18/07/2014 Capquest

          The consumer credit act 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.

          If you have not already done so , please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.

          If you want more information about which payments you failed to make please get in touch with us . We are required to give you this information within fifteen days of receiving your request for it .

          16/01/2015 capquest
          Notice of Sums in Arrears
          The cca 1974 requires us to send you this arrears notice because you are behind with the sums payable under this agreement.

          If you have not already done so, please contact us to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing.

          This is not a demand for immediate payment if we have already agreed a repayment arrangement with you. If an arrangement has been made, this will cover the arrears in this notice and there is no need to contact us an you should continue to make payments in line with that arrangement. If you are unable to make these agreed repayments at any time in the future then please contact us to discuss your current circumstances and we will be able to assist you. If we have not agreed a repayment arrangement then please contact us.

          20/07/2015 capquest

          as above same thing not a demand for payment just notice of sums in arrears .

          20/1/2016 capquest yearly reminder of arrears exactly the same letter as above .

          19/1/2017- same as above .

          20/7/2017 -Notice of sums of arrears -.This is not a demand for immediate payment if we have already agreed a repayment arrangement with you . If an arrangement has been made, this will cover the arrears in this notice and there is no need to contact us and you should continue to make payments in the line with that arrangement. If you are unable to make these agreed repayments at any time in the future then please contact us to discuss your current circumstances ad we will be able to assist you.If we have not agreed a repayment arrangement then please contact us . .



          25/10/2017 capquest

          We are writing to inform you that capquest debt recovery limited will no longer be managing your account.

          what does this mean for you ?

          The balance on your account is still owed to caquest and NCO Europe ltd are now managing your account and will be writing to you shortly to confirm detail of this change. You should now direct all queries, correspondence and payments to them .

          According to your Diary post this was a loan or possibly a HP agreement from Blackhorse. Was this car finance or a personal loan?

          The extract you've posted from a CRA file refers to a credit card so there may be an error somewhere along the line since Blackhorse didn't issue credit cards.

          Also in your Diary post I can't see any reference to a Default Notice or Default by Blackhorse before it was assigned to Capquest (who couldn't/shouldn't add a Default subsequently).



          Originally posted by Spent2much View Post

          Husbands statute barred account saying late payment .

          Account type Credit Card Account number**************6710 0 Account start date15/06/2005 Opening balance£ 3,070 Repayment frequencyMonthly
          Capquest Investments LTD £ 3,070 09/08/2019 Late payment

          All other accounts seemed to be none existent it is just the above that we need to be able to get removed.
          How do i do that please ?

          Maybe you should send a Subject Access Request to Blackhorse to find out what went on before you say it was assigned to Capquest in 2014 (i.e. two years after your last payment).

          If you intend to challenge the CRA file contents then you'll need some evidence especially if you need to refer your Capquest complaint to the FOS.

          I wouldn't confront Capquest until you're certain of the facts.

          Di



          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #20
            Originally posted by Diana Mayhew View Post


            According to your Diary post this was a loan or possibly a HP agreement from Blackhorse. Was this car finance or a personal loan?

            The extract you've posted from a CRA file refers to a credit card so there may be an error somewhere along the line since Blackhorse didn't issue credit cards.

            Also in your Diary post I can't see any reference to a Default Notice or Default by Blackhorse before it was assigned to Capquest (who couldn't/shouldn't add a Default subsequently).






            Maybe you should send a Subject Access Request to Blackhorse to find out what went on before you say it was assigned to Capquest in 2014 (i.e. two years after your last payment).

            If you intend to challenge the CRA file contents then you'll need some evidence especially if you need to refer your Capquest complaint to the FOS.

            I wouldn't confront Capquest until you're certain of the facts.

            Di


            Hi, thanks for looking and replying , this was a loan for a caravan and it was a joint loan for me and hubby, i have all the paperwork so i will go through it and see when it was assigned to capquest and send a sar request . I will post back when i get a response .

            Just checked it was defaulted 11 April 2007 .

            It seems to be just in my husbands name also and i was convinced i was on it too, but there is no sign of me there .
            Last edited by Spent2much; 22nd September 2019, 19:40.
            _______________________________________



            Comment

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