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Miffed of Skye

Sudden demand for old (at least 8 years old) debt

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I wonder if you could help? My wife received a letter informing her that a debt for a capital credit card requires paying - she informs me that it is quite some time since she hard this card, and had actually forgotten that she had it! They are demanding some £300 odd, but give no real details. Indeed, the letter came addressed to her using her maiden name, and also they said the assumed she lived here by checking databases and suchlike. The letter came from Apex Credit Management Ltd. and states they are acting as a collection agent on behalf of Cabot Financial (Europe) Ltd.

 

Can you help?

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Hi you should find that this is statute barred - as long as no acknowledgement or payment has been made for at least 6 years (It might be 5 years in Scotland). I don't know too much about this, so it would be best to wait for somebody who knows more about this than me to come along.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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If you have made no payment or acknowledged the debt in 6 years (5 in scotland) its Statute Barred.

Have you checked your credit file to see if anything is showing?

I would just send this

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

See if further infomation is forthcoming

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You need to send the SB letter as it ony becomes harrassment after you've declined to pay. Get ptoof of postage (free over the PO counter) and keep it on file. Apex seem to be doing their best to 'get it right' once you show you know your rights so this should do the trick.


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Thank you everyone who assisted - I will keep you posted! Many thanks to the kind person who suggested the letter to send to them - I am working on this as I write!

 

Miffed (but happier now):whoo:

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Hi folks - I today received a letter from Apex saying they have "referred this account to Cabot Financial for them to provide a copy of your agreement, terms and conditions and statement of account, to enable us to deal with your queries efficiently". Queries indeed! They go on:

"We have placed the above account on hold and you will not receive any further contact from us until we have the received these [sic] documents from Cabot Financial".

 

Obviously they are going to continue harrassing my wife - or perhaps this is their way of apologising and writing the matter off? Surely the Statute Barred status still applies, no matter what they call themselves or who attempts to pursue this old debt?

Edited by Miffed of Skye
my typo!

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As I Understand it, the problem with SB if you are based in England is that the collection agents for some strange reason still try and pursue although they cannot take court action. In Scotland the debt ceases to exist after five years and therfore cannot be pursued.

 

Nevertheless, if all they do is send beging letters ,simply treat it as junk mail and they will get fed up.

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Instead of treating the mail as junk, report them to the OFT and Trading Standards, it is clear from their guidelines that creditors must stop chasing statute barred debts when asked to do so. They are wasting their time sending the letters if they can't take any enforcement action.

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Yes, report them if they contact you again. It doesn't matter what documentaiton they obtain, it is still SB'd. However, watch out of a phantom mysterious payment...that seems to be the latest DCA 'trick'...


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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At it again I see:madgrin:


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