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Statute Barred Monument Credit Card and PBP


delilahsahb
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I had a Monument Credit Card and was receiving statements from them on a monthly basis. At the beginning of this year they passed the debt on to a DC who I wrote to and claimed the debt is Statute Barred (it was over 7 years since last payment had been made and I live in Scotland anyway). I haven't heard from the DC since (about 3 months now)

Last month monument sent me a letter asking if I wanted to claim PBP, as I am disabled and was unable to work when I took the credit card out, I sent them an email to stake my claim on the 9th Sept which they have acknowledged.

Can they offset any PBP against a statute barred debt and send it to the DC?? Im pretty sure they said the debt had been sold to Capquest.

All advise is welcome :)

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Can they offset any PBP against a statute barred debt and send it to the DC?? Im pretty sure they said the debt had been sold to Capquest.

All advise is welcome :)

 

Hi,

 

I'd very much doubt they could, if the debts been sold I'd think monument have given up all rights to the debt.

As your in Scotland and the debts past it's 5 year statute it no longer exists.

 
 

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  • 2 weeks later...

Received a letter from Monument this morning stating that the PBP with interest comes to £2600, if there is any debt on the account they will offset against the balance and basically send a cheque for whatever is left over. Even if a debt has been passed or assigned to another company they will offset against the debt and a cheque will be sent for the remainder.

Given that the debt is statute barred and should no longer exist (Scottish) can they still do that?? I think the debt was around £2100 so I know im in line for a few quid back but if anyone knows where I stand with this so I can be forewarned id appreciate the help :)

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