Capquest and Cap1 card debt - Statute Barred Debt?

[franila]

Good morning

,I apologise if an answer to this question can be found elsewhere, if that is the case please point me in the right direction!

 

I have received a letter (dated 7th March) from Capquest advising me:

 

'they have purchased my account from Capital One Bank (Europe) Plc and it is their responsibility to manage your account to an affordable payment plan.

The Offer Full and final payment of £600.78 to settle the account in one lump sum or over a time that is acceptable to all concerned.

This offer is only available until 21st March 2012. Failure to contact us by 21st March will mean this offer will end.

 

The full amount of £1200 will remain legally owed by you.

Let's work on this together; we look forward to hearing rom you.

Collections Department.''

 

This is from a credit card that I last used and made a payment for in approximately 2003 at the very latest.

I have had NO correspondence whatsoever since then.

I have worked hard over the last 9 years to improve my credit rating and it is now in a very good state ( I have been able to get credit and my file shows no defaults) and I am looking hopefully to get a mortage in the next 12 months.

 

Having dug around a little am I right in assuming that this debt is statue barred as it is over 6 years since I have been contacted/acknowledged the debt?

I am in a better position financially now, so should I just pay the settlement amount and will that be the end of it?

or should I go down the statute barred route and give Capquest nothing?

 

(after hearing what a horrible company they are).

 

Thank you very much for any advice anyone can give.

[padja]

if its statute barred I would ignore them,& their very kind offer. when they offer you discounts etc you can bet your last pound its statute barred. so ignore them and they will move on to someone else

[cerberusalert]

It's Statute Barred.

 

Unless you feel morally obliged to pay a debt collector for something they've paid a fraction of the value for of course.

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[franila]

I'm not feeling very morally obliged towards thm I must admit! I guess my biggest fear is that they can put a default on my credit file? Should I just ignore or send a letter without acknowledgement stating that the debt is statute barred?

[cerberusalert]

I noticed they were very careful with the wording of their letter. They do say the debt is legally owed which is correct, but what they've neglected to mention is that it is unenforceable.

 

They cannot register a default, it would have already have been registered by Cap1 over six years ago & would have dropped off your credit file & cannot be re-registered & certainly not by Capquest in any case. They cannot apply for a CCJ, bankruptcy or anything else.

 

What they can do is politely request that you make payment. Equally, you can politely tell them to go forth & multiply.

[franila]

Thank you so much for the quick advice-I really appreciate it.

[cerberusalert]

There's a link in post #3 to a template letter you can send them.

[franila]

Cheers- I'll get that sent off

[cerberusalert]

It has been known for certain debt collectors to claim on receipt of the SB letter that a payment was received within the limitations period. However, the onus is still on them to prove when these phantom payments were made, by whom & by which method.

[franila]

Ok- thank you for the heads up. I'll send the letter and see whether I hear anything in response.

[Conniff]

I don't think I would feel very moraly bound to pay a dca either, especially one so stupid that they buy SB'd accounts, what a wazzer. I might be inclined to write and tell them that though.

[franila]

wazzer...a thoruoughly underused insult. love it!

[cerberusalert]

wazzer...a thoruoughly underused insult. love it!

 

Akin to wassock.

[Conniff]

Akin to wassock.

 

Isn't that what sailors sleep in

[cerberusalert]

Isn't that what sailors sleep in

 

I thought that was a cassock.

[Happyhippy1959]

haaaaa Wassock,,, think I will use that long lost term in my correspondence,,, Yes they can ask you to pay politely but as stated you can tell them to Go forth and Multiply, but if Franila you are in a good mood please drop me your address and I will bill you for some dodgy amount,,,,, shall we say £4,000 to the Hippy Debt collection fund... !!!!!!!!!!!!!!! I am being pedantic, get me drift Fran,,,,,, Beg away SB is SB or Unenforceable is Unenforceable, with me they keep telling me on my UE accounts,, Hippy it will help to repair your credit rating if you pay us..!!!!!!!! ( what, !!!! I am in more debt than Greece you fools )

[franila]

SB letter sent...will see what happens...but I'm ready for a scrap

[padja]

I had them phantom up a £50 payment when I sent SB letter but a couple more letters (and I wish I used wazzer on it) they accepted they made a 'mistake' so dont be put off if they phantom a payment just come back here

[BRIGADIER2JCS]

I thought that was a cassock.

 

Ohhhh Hello sailor a mattelo with a priest in his hammock:madgrin:

[franila]

Thank you, have heard nothing yet...although I have just come home to a Royal Mail 'tried to deliver' leaflet for a letter that needs a signature. Could this be from them or am I being ultra-paranoid?!

[cerberusalert]

Seems a bit quick if you only posted the SB letter on the 12th.

[franila]

I guess so-I'll go and sign for the letter this week and see what it holds! I can see how people go crazy mulling all this stuff over. Constantly on tenterhooks....gits:evil:

[franila]

Hi Guys,

 

It's been a month since I sent the statute barred letter to Capquest and I have heard nothing in return. However, I came home this evening to a letter addressed to me from 1st Credit stating:

 

Dear Sir/Madam,

1st Credit Limited is attempting to contact the above named regarding a personal matter.

Your address has been supplied as a possible address for our subject.

 

If you are MISS ****

Please contact our offices immediately on 01737 237370 and quote the above 1st Credit eference number at which time further information can be provided.

If you are not MISS ****

iF MISS **** is no longer resident at this address we would appreciate you calling us at your earliest convenience on 01737 237376. This will enable us to update our records and thereby avoid our contacting you unnecessarily in the future.

 

Any information provided to us will be treated in the strictest confidence.

 

If no response is received to this letter within ten days we will continue to hold this address as the current address of MISS **** and may issue further letters.

 

Yours faithfully

Gavin Flynn

Head of Collections

 

Could this letter be linked to Capquest not responding to the SB letter? Do I just ignore this? Any advice would be much appreciated.

Thank you,

Franila.

[BRIGADIER2JCS]

My guesses (only 2)

 

1. Capquest have dropped the account as it's SB, and conned 1st Credit in to buying but it's a bit quick for that.

2. This is another matter altogether.

 

Don't speak to them, wait until the put something in writting.

[franila]

Thank you- I'll play it by ear and see what happens next. Cheers