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  • #16
    Re: CapQuest

    Hi matey

    Debt 1 & Debt 2 - send the letter below (to capquest), put both accounts on the letter

    Dear Sirs,

    Account No: XXXXXXXX & XXXXXXXX

    You have contacted me regarding the above accounts, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (insert company name). If anything, you may find that both accounts are in fact Statute Barred as they were last used around 2002 time when I was in the forces. No contact or liability has been made in over 9 years.

    I 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". The OFT also 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 acknowledgement to this 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me 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 statue barred could amount to harassment".
    I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

    I look forward to your reply.

    Yours faithfully


    Sign digitally

    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #17
      Re: CapQuest

      Originally posted by Mickb1969 View Post
      Debt 3
      Type of account Capital One Credit card
      Date commenced 2002 ish
      Approx balance REPAID according to Capquest
      Date last paid I cancelled the Standing Order in Oct last year

      I had a payment agreement with Capquest to repay this debt at £30 per month by standing order. They have written to me saying that I started payments to them in May 2005 so i estimate that I have repaid £2000 or so to them for this. the letter also states that the account is now closed and has been returned to Capital One Bank. Because I was paying by standing order to Capquest, I believe they have continued to take the £30 a month even though this debt has been paid in full. How do I find out when it was repaid and how many months I have been overpaying them? is it a simple case of writing to them and asking?

      Sorry to make this complicated.

      Mick
      If you paid by SO then just check your bank statements..... However as you are querying the repayments, you need to send this with £10 cheque/postal order and see what they send back to you: ---> SAR Request - Advanced Version

      You send the SAR to whoever you were paying the standing order to, so if that went straight to capital one then you SAR them as the original creditor. If however you were paying capquest then you sar capquest as the agent of the debt.
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #18
        Re: CapQuest

        I don't know how you know all this stuff, but I am glad you do

        Comment


        • #19
          Re: CapQuest

          Originally posted by Mickb1969 View Post
          I don't know how you know all this stuff, but I am glad you do
          Cheers

          All make sense then yea? You know what you're doing now...?
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment


          • #20
            Re: CapQuest

            Hope you're still online.....I have everything ready to go......just need to pop to the Post office.

            Would the SAR cover all three accounts since it says "ALL data held by you about myself" and if so, should I put all three account ref numbers at the top?

            I will know what I am doing after this

            Mick

            Comment


            • #21
              Re: CapQuest

              Originally posted by Mickb1969 View Post
              Hope you're still online.....I have everything ready to go......just need to pop to the Post office.

              Would the SAR cover all three accounts since it says "ALL data held by you about myself" and if so, should I put all three account ref numbers at the top?

              I will know what I am doing after this

              Mick
              No need. a s.7 means all data about you the subject, not accounts.

              You only mention the ccap1 account as you are denying the others, remember - so you do not admit to them, thus you do not expect there to be any data either...

              make sense now...?

              If they do their jobs properly, they'll send everything about YOU!
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #22
                Re: CapQuest

                ps both letters should be sent separately as well.

                The sar in one, the statute barred in another.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                • #23
                  Re: CapQuest

                  yep, crystal clear now, just need to print it off, put on some sun block and pop to the Post Office

                  Cheers

                  Comment


                  • #24
                    Re: CapQuest

                    Originally posted by Never-In-Doubt View Post
                    ps both letters should be sent separately as well.

                    The sar in one, the statute barred in another.

                    More bloody stamps!!

                    Comment


                    • #25
                      Re: CapQuest

                      Originally posted by Mickb1969 View Post
                      More bloody stamps!!
                      cheaper than the alternative though
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #26
                        Re: CapQuest

                        All done. £10 and SAR sent by recorded delivery, the "I know nothing" one sent standard and one to Barclays again because they want the information from me that I requested from them.....the fools!!

                        I just hope that at some point in the past I haven't actually said I would pay something or I will be buggered!!

                        Comment


                        • #27
                          Re: CapQuest

                          Originally posted by Mickb1969 View Post
                          All done. £10 and SAR sent by recorded delivery, the "I know nothing" one sent standard and one to Barclays again because they want the information from me that I requested from them.....the fools!!

                          I just hope that at some point in the past I haven't actually said I would pay something or I will be buggered!!
                          Best of luck, keep us updated on developments....
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #28
                            Re: CapQuest

                            Had my request returned by Barclays with a standard form. On it they say they cannot locate any relevant information with the details I have provided.
                            I sent them my current address, name, date of birth, previous address (from 2002 to 2009), the account number and sort code that I have been paying them from and the the Barclays account I have been paying in to. They ask for a loan sort code and loan account number but I think this is from an old Barclaycard, which I said in my last letter to them.
                            I must have paid them near to £4800 over the years that the Standing Order has been running and I want any overpayments back!!
                            Any ideas on how to proceed?

                            Mick

                            Comment


                            • #29
                              Re: CapQuest

                              Have they returned your SAR and £10?

                              Please clarify.... Is the reference you use for the SO a 16 digit one starting with a 4 or 5?
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment


                              • #30
                                Re: CapQuest

                                The £10 SAR was to Capquest. Barclays have returned the £1 postal order I sent them though. The standing order reference is 345216 and it's to Barclays Bank PLC. That's all the information I have on it other than the account number and sort code.
                                It's funny how they found me when I owed them money because of my ex wife, but now I believe they owe me, they have no record of me, even though I have been paying them for years!!

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