Think i done a boo boo :(

[tugmistress]

ok so i am thick, last year? year before? i can't remember which, i was contacted by capquest about a debt from around the year 2000 (probably not even got the letter still ) and because i was worried i have been making payments of £5 a month to them - original debt something like £700 including x years interest from littlewoods catalogue.

 

am struggling at the moment financially. i'm looking at ways of saving money each month on expenditure no matter how little.

 

is it too late to do anything about this with capquest or do i just keep paying?

[debt4get]

no challenge them by asking for a copy of your cca they must produce this within 12 + 2 working days if not account goes into default

[42man]

As long as there is a gap of at least 6 years ANYWHERE in the life of the debt when you haven't paid, then it will still be statute barred......nothing can unbar it. Even recent payments.... Send them this letter by recorded delivery - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[tugmistress]

thanks, do i carry on paying or not?

 

oh, and as i don't think i have the original letter, how do i find out my ref number?

[cerberusalert]

Was there a period of six years before you started paying? If so stop payments.

[tugmistress]

Was there a period of six years before you started paying? If so stop payments.

 

i'm not sure. i've been up here since 2002 october(scotland) and i think the debt was from when i lived in yorkshire so 2001 at a guess.

[cerberusalert]

Send the Statute Barred letter in 42man's post. The onus is on them to prove that the debt is not statute barred.

[tugmistress]

and i assume cancel my £5 a month dd?

 

sorry for the late reply, had to go to work for the lunch shift.

[tugmistress]

just read the letter, as i am actually paying them at the moment it doesn't read right, can someone help me with the wording of another one please?

[cerberusalert]

Yes cancel the DD & tell your bank that under no circumstances are they allowed to let Capquest make any more direct debits. A word to the wise, never ever give a DCA your DD details because they can and will take unauthorised payments. Standing Orders in future.

[tugmistress]

ok dd cancelled and i will draft a letter to capquest and post here before i send it to see if i am ok to do so

[tugmistress]

just as a thought, do i put in i want a refund of what i have paid recently? or have i kissed that goodbye?

 

this is how i've reworded...

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

There was a period of 6 years where there was no acknowledgement or claim made of this debt. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

[cerberusalert]

That's fine. Unfortunately you've lost the money you've already paid because although the debt is unenforceable in law it does still exist & if you tried to reclaim it in the eyes of the law it's seen as a 'gift' from you to them.

[tugmistress]

ok thank you so much for your help and patience with me

i'll print it off and post today along with a separate letter stating i've cancelled the dd

 

you're a star

[42man]

If you are in Scotland then you need to send this letter here (5 years is statute barred in Scotland) - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

[tugmistress]

thanks 42man

i changed that one line again though as otherwise it reads wrong.

[tugmistress]

ok had a reply today

 

Dear Mrs XXXX

our client : littlewoods finance company limited

ac no XXXXXXX

balance £498.32

 

we thank you for your correspondance and respond as follows

 

we can confirm that the last payment made to this account was on 3rd august 09. therefore under the limitations act 1980 this account is not statute barred, as a period of five years or more has not passed.

 

Payment is now due in full. Please contact us on XXXXX to arrange immediate repayments

 

 

.........

 

 

ok they obviously didn't read the letter right so what do i write back please?

help

[42man]

Is there a clear gap of at least 5 years where you haven't made payment anywhere in the life of the debt ?

[cerberusalert]

It might be worthwhile sending Littlewoods a SAR to get copies of all your statements to see whether there is a five year gap.

[katpuss]

It might be worthwhile sending Littlewoods a SAR to get copies of all your statements to see whether there is a five year gap.

 

Agreed. This will cost you £10, send a postal order and do not sign the letter, just print your name.

[tugmistress]

i'm pretty sure there is 42man yes, i remember paying them (and thinking i had cleared the money owed) when i lived in beeford, i moved out of there in october 2001 and i didn't start paying them until last year sometime.

[cerberusalert]

when i lived in beeford

Ah, The Tiger and The Yorkshire Rose.

[tugmistress]

Agreed. This will cost you £10, send a postal order and do not sign the letter, just print your name.

 

this will have to wait, i been off work sick for 12 weeks and only got half pay so skint now already

[tugmistress]

Ah, The Tiger and The Yorkshire Rose.

 

 

hehe was the best rare steak with port and stilton sauce in the country

[tugmistress]

It might be worthwhile sending Littlewoods a SAR to get copies of all your statements to see whether there is a five year gap.

 

Is there a template for this? and what do i write to capquest in the mean time please?