CAPQUEST Statutory Demand For Bankruptcy Very Old Debt - Should I ignore?

[AKEEM0709]

Hi All,

 

I need some advice on what to do.

 

This debt was entered on my credit file in Sept 2005 and showing as Settled a month later. It has now dropped out of my eperian credit file and never showed on my equifax.

 

Capquest have now sent me the letter stating that they will instruct their field agent ResolveCall to attend at my address and personally serve me a SDB.

 

Should I take this seriously or is it one of their several threats? I am not bothered about them turning up but just don't want anything damaging my credit file which I have worked hard over the last few years getting in a good shape.

 

This is a debt I did owe but when it appeared on my credit file as settled (don't know why) I never bothered to try and pay it. The debt was with Natwest and since it has dropped off my credit file I feel that I have nothing to use to show them that the debt is status barred.

 

What should I do?

 

Thanks

[dx100uk]

silly beggars if its not on your CRAfile its SB'ed

 

looking for a mug me thinks

 

resolvecall dont deliver sd's

 

dx

[AKEEM0709]

great to know. so should i ignore then?

 

Was thinking of contacting CRA and see if I can get my old reports. It was showing until last few of last year

[dx100uk]

just a threat-o-gram

 

one of capquests favourite trick to get you to resopnd

 

dx

[MARTIN3030]

great to know. so should i ignore then?

 

Was thinking of contacting CRA and see if I can get my old reports. It was showing until last few of last year

 

You could get them with a SAR if it is important for you to know the dates these entries dropped off your file.

[AKEEM0709]

Thanks Guys. So should I just ignore them?

[42man]

If you ignore then you may still get a raft of letters (and possibly phone calls)

 

If you want closure on this then I suggest you send this letter recorded delivery

 

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

 

I/We 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.”

 

We 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”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, I/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 makes specific reference to statute barred debts in Annex B, you should also note that if it is your intention to issue a statutory demand, I will immediately apply to my local court to set aside and claim my costs in the process. Specific reference is made to the use of statute barred debt in the OFT's debt collection guidance which clearly states

 

(ii) misleading debtors as to their rights and obligations

For example, stating or implying that debtors may be the subject of court action for the sum of the statute barred debt when it is known, or reasonably ought to be known, that the relevant limitation period has expired. The person seeking to recover the debt would effectively be relying on the debtor not knowing the relevant legal provisions

 

n. making undue, excessive or otherwise inappropriate use of statutory demands when pursuing arrears or debts

 

Your correspondence is clearly a breach of the OFT's guidelines and CPUTR2008. I will be forwarding both yours and my letters to the Office Of Fair Trading.

 

I trust this makes my position perfectly clear.