CapQuest Debt Recovery Chasing Old Debt – Know Your Rights!

Is Capquest debt recovery chasing an old debt? Is the debt even yours? Mistakes happen which could cause a lot of stress and anxiety.

If you’ve been contacted by CapQuest Debt Recovery and you’re not sure what to do, this post is for you. I’ll explain why a debt could be statute barred and how you should respond if it is!

Check out the paragraphs below to find out more!

Do you have to pay CapQuest Debt Recovery?

You might not have to pay CapQuest Debt Recovery.

If you genuinely can’t afford your debt repayments then looking into whether you could have your written off might be just what you need. 

If you want to find out whether you qualify for having debt written off or payments lowered then fill out the short form below.

Who is CapQuest Debt Recovery?

CapQuest Limited is a Manchester-based debt recovery company that’s been in business for a number of years. The company is owned by Arrow Global Group plc and it buys debts and collects debts on behalf of its customers.

Is CapQuest a legit debt collection agency?

Yes. In fact, CapQuest is an award-winning debt recovery company with an estimated turnover of £18 million per annum. Cap Quest debt recovery details can be found on the Companies House website together with the Arrow Global Group.

So, when CapQuest Debt Recovery contacts you, it’s best to take things seriously after you’ve checked a few details, that is! 

Can you lower your repayments?

If you’re struggling to pay back your debt, then you might qualify for a debt solution.

Some solutions lower your monthly payments while others write off a portion of your debt. 

To find out whether they could work in your situation, hit the button below.

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Is the debt collector regulated?

Again, yes. Capquest Debt Recovery Limited is authorised to operate as a debt recovery company in the UK by the Financial Conduct Authority (FCA), the regulator.

The company is also a Credit Services Association (CSA) member which means it’s agreed to abide by the CSA code of conduct.

Who uses Capquest Debt Recovery services?

Several companies and organisations employ Capquest debt recovery services. This includes the following which is mostly unsecured debt:

• Mortgage providers
• Mortgage and loan firms
• Credit providers
• Credit card companies
• High Street banks
• Service providers like utility companies

Does Capquest buy debts?

Yes. Chances are they purchased the debt they’re chasing you for. If so, it means you have to deal with CapQuest Debt Recovery Limited and not the original lender/creditor.

Debt collection agencies like Capquest buy debt accounts for a fraction of their value. Hence, their profits are huge when they collect on them. It’s one of the reasons why they’re so persistent when chasing you for payment – even on older debts!

However, older debts can be unenforceable and therefore, they can’t be enforced through the courts. So, when you get a letter about an old debt from debt collection agencies, it’s always worth checking if it’s still current!

All too often the debts fall under the Limitation Act whether it’s money owed to credit card companies or other lenders.

Why would CapQuest Debt Recovery contact you?

As mentioned, Capquest Debt Recovery likely contacted you over a debt they purchased in a portfolio. As they own the debt, they may not have all the relevant information about it.

In short, you could be contacted over an old debt that’s not even yours!

Debt collectors have a habit of sending out a ton of emails, texts, letters and messages to lots of people. It’s their way of tracing the right person even though it causes a lot of stress to everyone else!

So, the first thing to check when CapQuest Debt Recovery gets in touch, is whether all the details they’ve got are correct. If they’re not, write to CapQuest telling them to stop contacting you!

Should you ignore CapQuest Debt Recovery?

No. It’d be a mistake to ignore CapQuest Debt Recovery when they get in touch. Even if the debt is too old to enforce or it’s not even yours.

CapQuest Debt Recovery will just keep contacting you. You’d receive lots of phone calls, emails, messages and letters threatening legal action!

Moreover, ignoring the problem means you’d miss out on the following:

• Discovering the debt is unenforceable
• Finding out that CapQuest Debt Recovery has the wrong information and the debt isn’t yours

Both of the above could get you out of paying an old debt you’re being pursued for. That’s why it’d be a mistake to just bin a letter or ignore phone calls, emails and texts from CapQuest Debt Recovery.

What can debt collectors do?

As a CSA member, CapQuest Debt Recovery agrees to abide by the Credit Association Services code of conduct. Plus, all debt collection companies must abide by UK law when they chase down debtors.

For instance, CapQuest Debt Recovery must follow the UK’s privacy laws and they must respect your rights as a consumer.

However, a debt collector has the right to do the following:

• Contact you by letter, phone, text, or email and they can visit your home
• Discuss an apparent debt with you discreetly and politely
• Ask you to settle the outstanding with them directly

You can’t stop CapQuest Debt Recovery from doing any of the above but the dialogue and approach must show empathy for your personal circumstances when you owe money.

What can’t CapQuest do?

As mentioned, a debt collections agency must abide by the law when they contact you about whether a debt is current or not.

For example, CapQuest or one of their field agents cannot do or say any of the following:

• Tell you they have the same powers as enforcement officers when they do not. A debt collector’s powers are exactly the same as those of an original lender/creditor
• Show you documents that look like a court has issued them when they have not
• Visit you at your place of work
• Talk to your employer about an alleged debt
• Discuss things with your neighbours, friends or even a family member
• Force their way into your property, seize possessions or clamp vehicles
• Harass you with calls, texts, emails and payment demands
• Threaten you
• Use confusing legal jargon to get you to pay
• Prompt you to take out another loan to settle the amount owed

Should you pay CapQuest straight away?

No. Not unless you’re convinced the debt is still current and not statute-barred. And as mentioned, you have to make sure the amount is yours to settle and not someone else’s outstanding older debt!

Is the debt statute-barred?

A debt can’t be enforced if it’s six or more years old. However, it must meet specific criteria.

A debt collections agency like CapQuest purchases portfolios containing older debts. They gamble on the fact they may be able to convince you to pay even if the debt is too old to be enforced through a court!

Check out what happened to one person who posted this message on a forum:

Source: Moneysavingexpert

When is a debt too old to enforce?

As mentioned, a debt that’s at least six years old is seen by the courts as being too old to enforce. The Limitation Act of 1980 makes the debt unenforceable.

But there are other things to consider which I’ve explained below:

• First, nobody admitted owing the outstanding in those six years
• Second, nobody paid any money towards settling the debt in those six years
• Third, a judge hasn’t issued an Order to Pay against the debt

If the old debt CapQuest wants you to pay meets all of the above, write to them letting them know it’s unenforceable! In short, even if you owe money, the debt collection agency can’t make you pay.

Plus, you can’t get a County Court Judgement (CCJ) recorded against you!

It’s worth noting that although the debt may be unenforceable because it’s six years old, it doesn’t just disappear. It will remain on your credit report until it expires!

If you’re unsure, seek advice from a debt expert whether it’s one of a not-for-profit organisation or a debt management company.

Is the debt really yours?

CapQuest may have already sent proof the debt is yours. However, if they haven’t, you have the right to send them a ‘prove the debt’ letter. 

It’s not enough for CapQuest to ‘tell’ you that you owe the money! The proof must be an authenticated copy of a contract or credit agreement you had.

Moreover, the proof must be authenticated by the original lender/creditor.

What if CapQuest can’t prove the debt is yours?

If CapQuest can’t prove things, you’re not obliged to pay. Plus, if CapQuest takes you to court, a judge won’t rule against you or issue a County Court Judgement if there’s no proof the debt is yours!

Send all your letters to CapQuest by recorded delivery so you have a record of when they receive them and don’t sign them. Also, always keep copies for your own records!

What happens when a debt collector proves the debt is yours?

Unfortunately, you’d have to pay what’s owed if CapQuest proves the debt! But you should seek advice before you agree, sign or settle the debt.

You could talk to an independent debt management company or you could approach a debt charity. The latter provides free advice which could be the better option.

Would Capquest Debt Recovery accept a payment plan to settle the debt?

According to the CapQuest Debt Recovery website, the debt recovery company claims to offer people an affordable payment plan to help them out. However, there are things to consider before agreeing to one.

Again, seek advice from one of the debt charities before agreeing to a payment plan with CapQuest Debt Recovery!

Would CapQuest Debt Recovery visit your home?

Debt recovery companies have the right to pay you a visit at home. But they can’t just turn up! Moreover, they typically send a debt collection agent to your home address when all else fails.

If you’ve ignored letters, emails, texts and phone calls, you could expect a visit from them. But they must let you know before they come.

Also, you don’t have to open the door to a debt collector and they must leave when you ask them to.

You should speak to the field agent through the letterbox or from an open upstairs window!

Would Capquest send bailiffs to your home?

No. Not without having won a case against you in a small claims court! Like all debt companies, CapQuest would need to have a County Court Judgement (CCJ) issued against you.

Then a judge could issue an Order to Pay which makes you liable for the debt. If you still don’t pay, enforcement officers are instructed to visit you. 

They have the power to seize some of your possessions and sell them at auction. Plus, a judge could be asked to issue an attachment on your earnings or bank account!

It’s far better to stay in touch with CapQuest and let them know you’re seeking advice from a debt expert. Like this, they can’t escalate the matter to the courts.

So the answer to the question “can CapQuest send bailiffs to your home” is no, not without an Order to Pay having been issued.

What are your rights?

As mentioned, there are things that debt collectors can do and things they cannot. That said, you have specific rights which CapQuest must respect which I’ve listed below:

• Allow you the time to find the best debt solution
• Allow you enough time to discuss the matter with a debt expert
• Show empathy and factor in your personal circumstances
• Offer a repayment schedule you can afford
• To treat you fairly and not to lie or deceive you
• Not to harass or threaten you
• Offer affordable debt solutions

You can file a complaint against CapQuest when they fail to respect your rights! Moreover, if CapQuest doesn’t deal with your complaint in a timely manner, you can report them to the Financial Ombudsman Service (FOS).

If the Ombudsman finds that CapQuest failed to follow the law, they could impose penalties on CapQuest. Moreover, you could receive compensation for the stress their actions caused you!

Will CapQuest give up chasing you?

No. It’s very unlikely that CapQuest will give up pursuing you for payment on an older debt. Especially if you don’t respond to them.

The only way to stop them from contacting you is to prove the debt is unenforceable or that it’s not even yours to settle!

If the debt is yours and it’s not too old to enforce, the best way to stop CapQuest from contacting you is to pay them. If you have the funds, you should pay them the amount owed.

But if you don’t have the funds, you should seek advice from an expert. Then offer to settle what’s owed in affordable instalments!

What’s a fair settlement offer?

If you want to get the debt recovery company off your back, you can make a settlement offer. There’s no guarantee CapQuest will accept the offer, but it’s always worth a try.

So, what’s a fair offer? If the debt is £2,000, you should offer to pay £1,500 which is 75% of the original amount.

Most debt recovery companies would accept the offer especially as the debt cost them a lot less than it’s actually worth!

However, don’t make the offer until you have spoken with an adviser and received free debt advice!

Also, if CapQuest accepts your final settlement offer, it will remain on your credit history as an unpaid debt and could affect your credit rating until it expires.

How do you contact CapQuest Debt Recovery Limited?

I’ve listed the CapQuest Debt Recovery contact details in the table below:

Can you complain about CapQuest?

Yes. If the debt collection company acted unlawfully by harassing or threatening you in any way, you can report them. In short, you could lodge a complaint with the Financial Ombudsman Service.

But first, you must file a complaint with CapQuest or the Arrow Global Group. If they don’t deal with your complaint appropriately, you can then report them to the Ombudsman! 

Will the Financial Ombudsman Service investigate your complaint?

Yes. The Ombudsman should investigate your complaint and if they find CapQuest broke the law, you could receive compensation. Especially, if the debt collector’s action were unlawful and they failed to offer you affordable debt solutions!

Moreover, the debt recovery company could receive a hefty fine and may even lose their licence to operate in the UK.

Is there any free debt help in the UK?

Yes. Several UK charities offer free debt help to people who are struggling with their finances. It’s an option well worth considering especially when you’re drowning in debt! Their debt collection guidance could get you back on track with your finances.

“It will only get worse” 😩

It’s cliché to say, but with debt it’s true; the longer you leave it, the worse the problem gets. 

There are straightforward and effective ways to deal with debt, but you have to know your options. 

Fill out the short form to find out about the debt solutions that could reduce your monthly payments or even write off some of your debt.

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I’ve listed five of the major UK not-for-profit organisations that provide debt advice in the list below: 

• StepChange
• Advice Direct Scotland
• National Debtline
• Money Advice Scotland
• Citizens advice bureau

You may find that an individual voluntary arrangement (IVA) could be the best debt solution if you have lots of debt and experiencing money problems

Lastly, CapQuest Debt Recovery, should you pay?

No. Not before you’ve established two important things. First, the outstanding debt isn’t too old to enforce. Second, the debt is yours!

A debt collection agency like CapQuest purchases portfolios that contain older debts. So it’s always worth checking whether the debt has passed its sell-by date.

If it has, it’s unenforceable through the courts!

In short, CapQuest can’t force you to pay and you should write to them to tell them so. Make sure you send the letter recorded delivery and keep a copy for yourself!

Remember, the debt collection agency is regulated by the Financial Conduct Authority (FCA) and therefore, must follow the law! They are also part of the Arrow Global Group.

Thanks for reading my post. I hope the information helps make a stressful situation into something that provides you with essential debt solutions.