capquest chasing RBS debt i've not paid in +5yrs - scotland

[bonnie30]

Hi there

 

Cap quest have been calling and messaging me for months now with regards to a 11 year old debt with RBS.

 

I set up a payment with with Capquest 6 years ago,

but I haven't paid anything to them in over five years.

 

The bank account was opened in Scotland and I'm now living in Scotland.

 

Cap quest are arguing that it's six years statue barred rule in England and I live in Scotland now?

 

Although I was living in London when I made my last payment to them.

 

Can you advise if it is statue barred or not please?

 

I have never been so harassed by anyone but them.

 

I have a small baby and I'm really at the end of the road with worry.

 

Is this still enforceable.

 

I sent Capquest a letter that they received explaining that I was living in Scotland.

 

Please help?

 

Thanks

[dx100uk]

if you've been resident in Scotland for more than 3mts

5yrs SB is correct.

 

debt is gone DEAD parrot. extinguished

no matter where you took it out

 

send the Scottish SB letter from the library tab top left.

 

 

 

dx

[reallymadwoman]

I am not an expert on Scottish matters

 

however as the account was opened in Scotland I'm sure that Scottish law would apply.

 

In any event, if they were to take you to court it would have to be in Scotland as that's where you live

- they can't issue proceedings in England.

 

I would write a final letter to them,

sent recorded delivery so they can't deny receiving it,

saying the account was opened in Scotland and is therefore subject to Scottish law

and therefore no longer exists, and if they want to argue otherwise they should let the court decide.

 

State that you will not enter into any further correspondence and that if they continue to contact you

it will be considered harrassment and reported to the OFT and FOS.

 

Then ignore their messages and if you answer the phone just refuse the security questions and hang up.

 

Unless it's a huge amount they will give up fairly quickly.

[dx100uk]

own thread created.

 

for ref, the law applied is where you reside.

 

a debt taken out in Scotland is NOT SB'dafter 5yrs if you are resident south of the boarder

 

dx

[bonnie30]

Thank you! I send them a letter notifying them in my change in address four months ago and that I'm now living in Scotland. I'm no longer registered at my old London address but they are still sending mail there Care Of. Should I request that no correspondence is sent to that address at all?

[dx100uk]

nope noting further to do.

 

just keep an eye on your cra file.

 

they are not unknown to purposefully serve papers to an old address.

 

just be aware there is 'speculation' upon when a bank account becomes statute barred.

 

if or if not you pay attention to this is your bag.

 

we at cag are .minded. to believe it could be when the original creditor could have first

called the debt in. poss your third missed payment.

 

dx

[bonnie30]

Thank you. Just one more question. Can they issue a CCJ to my old address? I've not confirmed my new Scottish address as I don't want harassed with mail at my parents. How would I manage this?? Thank you!

[bonnie30]

Sorry what's my CRA file?

[dx100uk]

Loan, Credit Card and similar.

 

1-> Cause of action is when the terms of the contract (agreement) are breached.

 

2-> LA timings start from the breach date i.e. when the creditor could/is able/can start the process needed to get their money. The right to start the process accrues to them at the date of the breach.

 

3-> The fact that they may choose not to start that process straight away has no effect on the clock. For example, if they choose not to start that process for three months after the breach then they have not extended the Limitation period by three months.

 

4-> While there is a procedural bar imposed on them, this does not affect the clock.

 

5-> What failures on the conduct of a debtor which would be a breach are contained within the Terms of the contract and in order to establish absolutely the SB date then the debtor will need to consult the terms.

 

6-> The clock does not start from the date of the last payment made, it starts from the date of the breach of contract.

 

7-> The date on which a default is registered with a credit reference agency is a completely separate issue to the LA debate.

 

Overdrafts.

 

As above really. The cause of action would still be the date of a breach of any contract. If such a contract exists the debtor should refer to those to establish the breach date and go from there.

 

If there is no such agreement then the clock will start from the date on which the bank formally request repayment.

 

The SB date for an overdraft may not be easy to establish as it will all be down to what records/agreements/letters etc. are available to find out what the terms of the overdraft were.

[dx100uk]

 

Thank you. Just one more question.

 

Can they issue a CCJ to my old address?

 

I've not confirmed my new Scottish address as I don't want harassed with mail at my parents.

 

How would I manage this?? Thank you!

 

yes you must legally inform them

 

else they can and will serve to your old address

 

are you on voters?

[dx100uk]

Sorry what's my CRA file?

 

credit file

 

see below

 

you need to ENSURE you present address is shown as your current address

 

and you old one shows in linked addresses.

 

get that cra file [try noddle its free]

 

and tell us the default date for the debt in question please

 

dx