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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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hello, l signed a credit agreement on my husband behalf in

Customer Question

hello, l signed a credit agreement on my husband behalf in 2007, the amount was £4000 to be paid one year later and he did pay in 2008 the £4000 through his bank the HSBC. few months later Capquest debt managers start calling and harassing me for unpaid loan. it's been 5 years now, they are asking me to pay £6,536.32. l'm tired to tell them l don't owe them any money, they damaged my credit , l have the proof of transferring money to the account we were giving, we wrote to Ombudsman who told us the matter was settle . but capquest still harass me over the phone and letters. l would like to know if l can sue them for harassment and damaged credit. thanks.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

On what basis did the Ombudsman say it was settled?
Customer: replied 4 years ago.

we send them the proof of the transfert of £4000 in the account of Advent with whom we signed the credit agreement.

Expert:  Jo C. replied 4 years ago.
So the Ombudsman found in your favour?
Customer: replied 4 years ago.

yes but since 2008 they still asking me to pay £4000 plus interest now £6536.32

Expert:  Jo C. replied 4 years ago.

And what impact has the default on your credit rating had upon you? What financial loss has this caused you please?
Customer: replied 4 years ago.

because of that outstanding debt my credit score is very low l can't borrow money in any financial institution, l'm always turn down when l apply to any loan.

Expert:  Jo C. replied 4 years ago.

But whats your loss? Have you had to take loans at a higher rate of interest?
Customer: replied 4 years ago.

can you please give me any advise to stop them harassing me? l do not have any loan, l ' m planning to get a mortgage and it does not look good for my credit rating.

Expert:  Jo C. replied 4 years ago.
No, I do see it doesn't look good on your credit rating but the question is what can be done about it.

In terms of removal you can lodge a notice of dispute with the credit reference agencies which should resolve that matter in the circumstances that you describe.

In terms of actually suing them though, its rather more complicated. It is fair to say that debt collection activities can amount to harassment. In this case, it wouldn't be difficult to show that because they have no claim against you it would seem. It was always open to doubt whether or not debt collectors even acting in error could be sued but somebody has successfully sued Lloyds TSB recently. The question though is whether there is any point. It is not difficult to show a harassment. The difficulty is showing that you have suffered loss that can be compensated. Their phone calls and letters are indeed annoying but that doesn't amount to quantifiably loss and irritation isn't compensated in the UK.

Similarly with the default, unless you have had to take credit at a higher rate of interest, there is not quantifiable loss so no point in suing for money compensation.

In terms of what action to take, just ignore their letters.

There is a little trick that gets rid of them on the phone if you would like to know about that? Its not really what you asked about though so I won't waste your time unless you do want to know.

All this said, if you were to issue they might offer you something in the interests of good business so it could pay off. Its a gamble that depends on your appetite for risk.

Hope this helps. Please let me know if you need more information.