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DCA chasing friends 12 years old cap1 debt


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Hi! My friend had a letter this morning from a debt collection agency demanding that they pay a debt. The debt is for a Cap One card and dates to October 2001.

 

My friend had forgotten about the card and alleged debt and wanted to know if the dca can still chase it after so many years?

 

I said I thought that debts over 6 years old could not be chased, but said I would ask on this forum for clarification, and what, if any, action they could take.

 

Thanks in advance.

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Yep if not payment or written acknowledgment has been made in the last six years (5 in Scotland) then this is well and truly Statute barred (SB) send them the SB letter and ignore.

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

 

Tell her to check her credit files a well.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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until you write to them quoting the limitation they will keep sending the begging letters hoping someone will pay.. to be fair they are quite good at closing the accounts once you sent the letter.

:???: what me. never heard of you never had a debt with you.
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I said I thought that debts over 6 years old could not be chased.

 

They can still be chased but once whoever is doing the chasing is informed the 'debt' is Statute Barred and no payments towards this debt will be forthcoming, collection activites should cease.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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They'll just pass the debt onto another, even more desperate firm. Keeping a copy of the letter sent to these grasping cretins is a good idea. Checking your credit file with all three of the main agencies is a good idea. If there is any mention of this and related to these cretins on any of them you have grounds to start a claim for defamation. That'll cost them!

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Are you saying that there has been no payment of the debt since 2001 or that was the start date of the actual agreement ?

 

There needs to have been a 6 year period from the first missed payment where no payment or acknowledgment of liability has been made before a debt becomes statute barred.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Are you saying that there has been no payment of the debt since 2001

 

 

Mmmm they haven't, good spot :)

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks for the advice!

 

From what I was told there has been no payment made against this debt, nor any communication from either party since at least 2004.

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SB then if this is the case.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for the advice!

 

From what I was told there has been no payment made against this debt, nor any communication from either party since at least 2004.

 

If you are absolutely certain of this date, then the debt is statute barred and you should send the SB letter which you will find in the CAG library - top left of each screen and highlighted in green.

 

BB has already provided you with a link in post # 2

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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