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I was graced with the displeasure of having 2 letters from Crapquest today regarding 2 debts with Royal Bank of Scotland. These debts are from 1998 and 2000. This is the first contact I have had from Crapquest and I adv that the debts are stat barred. They told me that in no uncertian terms are these debt stat barred. This I know to be incorrect due to me being a Senior Debt Recovery Officer.I have sent the Stat barred letter to them by fax and by post today.The only problem is that just inder 2 yaers ago I obtained a copy of my Credit Report and I am sure that there was a CCJ from RBS which expired in November 2006.Where will I stand now?I am quite worried as it is over £4k of debt and I just cannot afford to pay anything back as my income only just covers my outgoings and I have to work alot of overtime each month to make ends meet.
It is up to the DCA to PROVE that these debts are valid and enforceable, not you to prove otherwise.
Wait and see what CQ have to say for themselves.
As a side CCJ's are NOT governed by the Limitations Act and have NO time limit. Although after this length of time they would need to go back to court to renew enforcement.
Thanks for that.Should they choose to go back to court to renew enforcement then would I be in a position to apply to have the J set aside under the limitations act?F
Sorry further to that if RBS has sold the debt to Cap then surely the CCJ will no longer stand anyway as they have sold the debt to a third party who, in their letter have threatened to "utilist the legal system to its full entent"
Update on Capquest and RBS.I received two letters from Capquest, on different days for the same account (Guessing it was for the two accounts I have with them)These letters advise me that the account is on hold - the hold is due to expire on 15 December and 19 December 2007.This morning I received a letter from H L Legal solicitors threatning county court action and they have added interest to the debt!I contacted them and advised that as the account is on hold and that I have this in writing that it was rather underhand for them to take action like this. The man I spoke to added a further 30 day hold on the account when I told him not to.I called back and got through to what I could only describe as a judgmental bully. He told me that the last payment made was on 15/09/00 but as RBS did not pass the account until May 2007 then the debt is not stat barred. He blamed me for not making repayments and taking the loan knowing full well that I would not pay it back. I then became quite upset and advised that if it was not for losing my job, having a drug addidction which eventually resulted in me losing my home and having a partner who thought that domestic violence was acceptable. If I had not had any intention of not paying the debt I would not have made any payments at all.I have written a further letter to Capquest explaining this to them and adding the limitation act and last payment/contact stuff.I am really worried now as I was bascially accused of making excuses for this debt.I am really considering an IVA or Bankruptcy but I know that these debts are un enforceable and dont see why I should put myself through more distress. I have paid off so many debts this year and I have done so well and this has just been a knockback.
Faye I agree with 2Grumpy.....it is 6 years since you either acknowledged the debt OR if you made a payment towards it....it is NOT when the debt get passed on - they are talking COBBLERS !!! Do NOT call them again as you need to get them to put anything they say to you in WRITING - they will tell you ANYTHING on the phone to get you to pay. Send them the Statute barred letter and write at the bottom of the letter - PLEASE NOTE I WILL NOT ACCEPT ANY phone calls FROM YOUR COMPANY - ALL CORRESPONDENCE MUST BE IN WRITING ONLY - ANY CALLS MADE TO ME WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH
Debt 1 - £2600 (and a bit) - Written off - debt from 1998
Debt 2 - £1500 (or so) - still no info from RBS - last payment May 2000 - awaiting write off now.
Capquest/Royal Bank of Scotland
. These debts are from 1998 and 2000. This is the first contact I have had from Crapquest and I adv that the debts are stat barred. They told me that in no uncertian terms are these debt stat barred. This I know to be incorrect due to me being a Senior Debt Recovery Officer.I have sent the Stat barred letter to them by fax and by post today.The only problem is that just inder 2 yaers ago I obtained a copy of my Credit Report and I am sure that there was a CCJ from RBS
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