Capquest - SD

[dawnie72]

My partner has this morning received a statutory demand from Capquest in relation to a loan from HBoS in 2000. The debt was included on an AO but this was relinquished due to failure to pay when our relationship temporarily broke down in 2002.

Apparently the debt was assigned to Capquest Oct 04 and now includes interest at £1795.38 totalling £4610.66.

What can we do now - is the debt statute barred (we have had no contact whatsoever regarding this, since we made the last payment for the AO in 2002) and if so do we just ignore this, or do we have to apply for it to be set aside as in their letter?

[babybear39]

Hi dawnie you have a complete defence to the SD if the account is Statute Barred. What was the last date you paid/acknowleged this account in writing?

[dawnie72]

When the Admin Order was being applied for. There has been no acknowlegement in writing or otherwise since. Admittedly they've wrote to us periodically but we've ignored the letters up until now. Payments made until approx april2002

[babybear39]

Administration order? Please elaborate...

[dawnie72]

Bank loan and other smaller debts came to 5-6k. Issued Manchester County Court approx July 2001

[babybear39]

Ah, the game may be different for an AO (it is for a CCJ) you might be better posting in the legal issues section or getting this thread moved there.

[dawnie72]

OK, thanks.How do I do that?

[babybear39]

I'll do it for you

[babybear39]

I've flagged your thread and requested a move, ok

[dawnie72]

Cheers

[car2403]

Done

[babybear39]

A few people are on holiday and stuff so just keep bumping the thread up to the top of the page on a daily basis by posting until you get a reply

 

Good luck, best wishes and have a nice weekend

[dawnie72]

Can anyone help?

[nicklea]

When you say that the AO was relinquished, do you mean that the court revoked the order because you didn't keep up the payments?

 

Was the CCJ that you've got for the HBOS debt or was it for another debt? (you've got to have at least one CCJ before you can get an AO).

 

Once an AO is revoked then that's it. It has no lasting effect. So, if the last payment you made to the AO was in 2002 and the AO was revoked then I would suggest that the debt is statute barred.