Old debt - statute barred or not

[neil1975]

Hello all,

I have stumbled upon this excellent site when trying to find some info to help me deal with some recent letters my wife has received trying to claim payment for a debt from 12-14 years ago. Can someone please help, we are getting very worried after the 5th letter since 4th Nov 09. I will cover as much as possible on each letter to help you - here goes...

Letter No. 1:-

A letter from Telogram Ltd. dated 4th Nov 09, stating that…

‘Our client has an obligation to update their file with data concerning change of address…If there is no contact by this date, it will result in this record moving forward to our investigation unit where further research will be undertaken…’

The letter related to my wife’s address 12-14 years ago, before she was first married – I am the 2nd husband.

Letter No. 2:-

A letter from HL Legal Solicitors dated 11th Nov 09, stating that…

‘We act for Telogram Ltd…it is necessary for you to contact our client…if no response is received by 24th Nov 09, our client will have been unable to confirm the information supplied by the external agency is incorrect and follow up action including further attempts to contact you will be taken. Such follow up action may include a visit to the above address for verification purposes.’

Letter No. 3:-

A letter from Capquest Debt Recovery dated 24th Nov 09, stating that…

‘Further to the letter from Abbey of 23 Nov 09...As you are now aware Capquest Investments Ltd have now purchased your account from Abbey. As authorised agents for Capquest it is our responsibility to manage your account to an affordable payment plan…In your case, we appreciate that you will have been contacted by Abbey and by one or more of their appointed agents. However, legally the debt exists and is now payable to Capquest Investments Limited.’

The letter then goes on to offer a limited discount offer of payment of 50% of the debt by 7th Dec 09.

Letter No. 4:-

A letter from Abbey dated 27th Nov 09, stating that…

‘We herebay give notice of the transfer of the debt due to us from you in respect of the balance outstanding as at the 27th May 09 on your Abbey Bank/loan Account…On 3rd July 09 your account was sold to Capquest…We will shortly send a statement of your account to you. All further communications concerning that statement or any other matter relating to your account and all payments must be addressed to capquest…’

I subsequently received a copy of this letter dated 23rd Nov 09 – received on 5th Dec 09. I suppose this could be considered letter No. 6.

Letter No. 5:-

A letter from Capquest dated 30th Nov 09, stating that…

‘This letter is to inform you that your debt has been sold to Capquest…who will manage your account in all matters relating to collection and litigation…This matter will not go away, you will need to deal with this now by calling…If a satisfactory payment programme is not established and or you fail to comply with our request to contact this firm, we will not hesitate to utilise the legal system to its full extent…if you do not make contact by 12th Dec 09 your account will be passed to our solicitors HL Legal…Legal action will increase the amount you owe and may have a detrimental effect on your credit worthiness…’

Sorry for all the detail, I include this in the hope that it helps. My wife has had no contact regarding this debt for 12-14 years, however thinks it was a joint account overdraft with her partner at the time – we are trying to find out if he has had any contact but I don’t think he has. Is this debt time barred and how does the ‘joint’ aspect impact things? We live in Scotland, and always have. Please can someone help with some much needed advice.

Regards, Neil

[silverfox1961]

Hi,

For any debt to be Statute Barred, no payment nor acknowledgement of the debt should have been made in any 6 year period (or 5 years in Scotland)

 

If that is definitely the case then this letter should help.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

 

Always send by recorded delivery and track the letter via the Royal Mail website.

[neil1975]

Hi,

 

This is definitely the case for my wife. This is good news, thanks. What about the fact that it was a joint account the debt came from - what if my wife's ex has acknowledged or paid on this debt in the last 5 years - I will try and find this out today hopefully. Can I still go ahead and send this letter before I find out?

 

Thanks for your help.

[silverfox1961]

I think this is similar to English law in that even if a pyment is made when there has been a clear gap of 6 years (5 years in your case) then nothing can UNbar a SB debt. The chances are that they have tried to find your wifes ex and failed so they try her but it would be worth finding out just to be sure.

 

So, even if a payment was made after the SB period then it is still SB and once you tell them that, collection activity should cease.

If they continue to chase, you have cause for complaint.

[florish]

What about DCAs' who have never been able to produce a CCA, yet still send out statements every 6 months or every year, which are ignored by the recipient - do they count towards the five year period?

[IdaInFife]

yes

[neil1975]

Thanks for everyone's input.

 

Just so I get this right, in the scenario where my wife's ex has made sporadic payments in between popping in and out of the radar, and the 5 year period of no contact and/or payment has never been reached by him, does this still make the debt live for my wife even if she has had no contact for at least 12 years.

 

This scenario is unlikely but just trying to cover all bases before I post this letter.

 

Thanks.

[IdaInFife]

still makes it live yes

[kurvaface]

moving forward to our investigation unit where further research will be undertaken

 

Research is a noble and enlightening activity.....these idiots don't know the meaning of it.

 

 

The letter then goes on to offer a limited discount offer of payment of 50% of the debt by 7th Dec 09

 

This indicates they probably know they have no leg to stand on.