You're welcome - Always retain your correspondence in a safe and secure place.!

Have a nice peaceful Xmas. : --)

CMK

REDS:

As the debt was bought from Abbey, can they take it back and pass it onto another debt collection agency?

If Capquest bought the debt, they will be looking to sell it on again. You should expect to start receiving calls and/or letters in a few months time from another company. The debts just appear on lists and they will chase until they are warned off by the debtor that the matter is statute barred. A member of my family has had a debt chased for about 10 years and it is currently with Aktiv Kapitol who seem to be buying a lot of aged debt. But since they were warned off, they have stop bothering him.

Huckster

Well done - copy that and keep the original letter safe and secure.! ...early Xmas prezzie. : -- )

Capquest have now realised that they bought a useless unenforceable debt off Abbey, if they want to take that up with the Abbey that's a matter for them. Abbey are not entitled to pursue this debt from you as.

1) They have sold the old out of time defunct debt onto Capquest.....Crapquest are the losers.!

2) It is statute barrred, any continuance from the Abbey would not be lawful. I can't see the Abbey buying it back....can you.?

If they do try to sell it on, then report the matter to the OFT and trading standards. If they sell this to another debt agency they would have knowingly and misleadingly sold a uncollectable debt to obtain money by deception., you have a letter to prove this.!

Hi,

Received the following letter today

Further to your recent communication, please be advised that the above referenced account has been closed on our system.

I apologise for any inconvenience this matter may have caused.

As the debt was bought from Abbey, can they take it back and pass it onto another debt collection agency?

Thanks very much

They are not allowed to discriminate or take punitive actions against you (mortgage or otherwise)... simply because you have exercised a legal right about a separate unrelated subject, that was open to you through statute.

If they did; that in itself would be an offence of unfair treatment, which you could lodge with the FOS. Capquest are in charge and have been assigned to collect the old debt, if it makes you feel any better then only correspond direct with Capquest.

You may still find that Capquest contact the Abbey regardless, as a matter of due course to verify all the relevant chronological details, before they decide for themselves whether your claim that this debt has become statute barred is considered a valid claim.

My concern is that I have a mortgage with Abbey which is fine and up to date on the repayments, can this be affected if I send them the statute barred limitations letter or should I just send this to CapQuest as the debt has now been bought by them?

REDS - As huckster explains; ensure that Capquest are treat as the priority in your dealings, as they are the authorised appointed agents who have received the transfer of liability for collection from Abbey.

However, now that you have received communication direct from Abbey it will serve your purposes to also send a copy of the correspondence onto Abbey as a safeguard. Then neither of the organisations can be under any false illusion of the stance you have taken in this matter,

i.e. they should both have a copy of your initial statute barred limitations claim letter from you, in addition to the later copy of the letter above regarding harassment.

Reds

The letter in conmankillers post mentions that you have already notified that this matter is statute barred. If you have a copy of the statute barred letter you sent previously to Abbey, just send Capquest a copy with the harassment warning letter.

Once you have warned them that you feel harassed by them chasing for statute barred debt, they should leave you alone.

Huckster

Thanks

Further update,

I received a letter yesterday from Abbey dated 1st Dec 09 as follows

Dear

We hereby give notice of the transfer of the debt due to us from you in respect of the balance outstanding as at the 27 May 09 on your Abbey Bank/Loan account. The balance due as at the date of this letter is £----.

On 03 July 09 your account was sold (by way of assignment) to CapQuest Investments Limited who has appointed one of their group companies, CapQuest Debt Recovery Limited to manage your account on their behalf.

We will shortly send a statement of your account to you. All further communications concerning that statement or any other matter relating to your account and all payments must be addressed to CapQuest Debt Recover Limited

I understand that this is Abbey advising that they have sold the debt to CapQuest. I have not received any correspondance from Abbey regarding this debt for over 10 yrs. I was about to send the harrassment letter to CapQuest but shouldn't I send the one explaining the Limitation Act at first instance?

REDS - They now know it is statute barred and legally they cannot enforce this debt, or indeed make you pay by any other means.

That is not to say however; that they cannot try to persuade you into contributing a voluntary final settlement which is what they are tring to achieve, by offering a reduced 50% full and final settlement.... in the very slim hope they can collect at least half the debt....which they will have probably bought for around 10%.

Well it would appear they're all out of luck and Xmas isn't coming early for them this year, as by law you are not obliged to ever pay anything ever again towards this alleged debt.

Send a copy of the letter below in reply to their offer; by recorded delivery. If they continue to contact you afterwards they are committing illegal harassment, action of which you can report to the statutory authorities named within the letter.

.................................................. ..................................................

Your name address & Date

.

Dear Sirs

.

Harassment

Account Number: XXXXXXX

.

I am writing in relation to the response that I have received from your company, which I deem to be personally harassing. I have provided you with a letter that states this debt is considered statute barred by law, unless you can provide me with any lawful authority that overides my legal rights under these circumstances, then I consider any further contact from you as unlawful and illegal harassment.

.

I now require no further contact of any form from your company about this matter, unless you can supply the aforementioned legal authority above.

.

I am of the view that your continued harassment of me puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

.

If you continue to harass me with unrequested letters unwarranted contact or telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine and / or have action taken against your credit licence.

.

Be advised that any further harassing correspondence from your company about this subject which by law is now considered to be legally unenforceable, will be saved and forwarded onto the relevant statutory bodies above as a formal complaint about your unlawful conduct.

Yours faithfully,

[PRINT NAME HERE]

Hi Again, thx for all your previous help. I received the following letter today from CapQuest at my current address as follows

Dear

Debt Purchased From Abbey

Balance Due £ ----

Further to the letter from Abbey of 30 Nov 09

As you are now aware that CapQuest Investments Limited have purchased your account from Abbey. As authorised agents for CapQuest Investments Limited it is our responsibility to manage your account to an affordable payment plan or a satisfactory settlement agreement.

In your case, we appreciate that you will have been contacted by Abbey and by one or more of their appointed agents. However, legally the debt exists and is now payable to CapQuest Investments Limited.

Taking into consideration this fact and our clients wish to come to an amicable arrangement whereby your account can be resolved we are authorised to offer you a large discount on your account that will end this matter once and for all.

The Offer:

We are authorised to accept a full and final payment of £---- to settle your account saving you £-----

This payment can either be paid in a one off transaction or over a time that is acceptable all concerned.

To accept this opportunity please call ----------- where one of our representatives will assist you in any query or questions you may have and they can set up a payment schedule that is suitable to you.

Please quote your reference ------ in all communications.

You will find how you can pay on the reverse of this letter. If you do not want to call us but still want to take up this offer you can email us at collections@cdrhl.co.uk.

Failure to contact us by 14 Dec 09 will mean that this offer will end. The full amount of £----- will legally be owed by you.

Let's work on this together; we look forward to hearing from you.

Yours sincerely

Collections Department

The letter mentions that I have been contacted by Abbey and one or more of their appointed agents, maybe 10 + yrs ago! They are offering a 50% settlement, surely this is now statute barred. Please can you advise the next course of action?

Hi,

The other day I received a letter from Telogram Ltd as follows

Dear .........

We are corresponding with you as the authorised agent for CapQuest Investments Ltd, who have requested that we make necessary enquiries to establish the current residential address of X, whose last known address was XXX

Our Client has an obligation to update their file with data concerning change of addresses.

We instructed specialist agencies to confirm this address or establish a new residence. The information that has been supplied as a result of that work indicates that this is the current address for X.

We would therefore ask you to contact us on no, quoting ref XXX by date so that this information can be verified.

It is important to note, that if the address details are not correct we can inform the agency which provided this address and which may be able to contact the originator and investigate this for you.

If there is no contact by this date, it will result in this record moving forward to our investigation unit where further research will be undertaken to seek to verify that the information supplied is correct.

We are here to help and assist you in ensuring data held by the agencies is correct but we can only do this by you making contact, we look forward to hearing from you.

Yours sincerely

Telogram Limited

The address they quoted I lived at over 10yrs ago and as far as I am concerned the possible debt was settled. Is this just a fishing letter? Please can you advise further action on my part if any?

Many thanks