Advice on debt recovery greatly apprecciated

sarah03_2

Hi, was just wondering if anyone could give me some advice on my o/h problem.
Last October he received a letter from capquest debt recovery for a debt of £6261.95 they stated in the letter that they had bought the debt (this debt is from 2001), he contacted then and arranged a payment plan and started to pay £20 a month, they keep increasing it stating it is a payment review and has now received another letter stating it will be increased to £28.80 a month. Having been on the forum for a problem myself and receiving fantastic advice I was wondering this debt is over 6years old can they still recover it? i'm going to send a letter tomorrow asking for a copy of the documents to prove that they own the debt, if they cannot provide this paperwork is he entitled to have back all monies paid to them?
thanks in advance
sarah x

~Beanie~

If he had ignored it from the outset, it would have been ok. Debts become statute barred 6 years after the last payment or acknowledgement of the debt and as your OH has been paying £20 per month, he has acknowledged that he owes the money and the debt isn't statute barred.

Marthasdad

Hi Sarah,

The unfortunate thing is that, as he has made payments within the last 6 years, he has acknowledged the deabt, so it can't be staute barred.

I replied to this cos i also have a debt witb Capquest (affectionately known as "Crapquest" elsewhere on this site)! They do this "review" every 3 months - if your OH can't afford to up the payment, then he needs to tell them that. I made the mistake of putting the repayments on a Direct Debit, so they wrote to me 10 days before and said they had upped the payment and I didn't need to do anything!! I cahnged it to a Standing Order - this way I have control of how much the payment should be.

Basically, if he is making the regular payments and can't afford an increase, then he's keeping his side of the bargain - tell them to take a running jump!

Good idea to request the CCA - if it was that long ago the debt was incurred, they may not be able to get their hands on it, so they can't enforce it.

Good luck!:beer:

sarah03_2

many thanks for all you replies will be requesting cca tomorrow and see what happens from there. if he does keep paying then I think standing order is the better option
xxx

fermi

Once a debt has become "Statute Barred" because of a six year gap in payments or acknowledgement then it stays that way.

A payment or acknowledgement after the 6 years is up does not unbar the debt.

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

ADVICE
If you have started to make payments on a debt where there was more than a six-year gap then it is probably unenforceable.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

LilacPixie

It may me a good idea to find out exactly when he last acknowledged the debt as well because my understanding was as long as there was a 6 years gap (5 in Scotland) between last acknowledgment and then a subsequent payment for a debt without a CCJ then the debt was statute barred even if you then start making payments.

sarah03_2

He first acknowledged the debt in October 2007 so it was already 6 years

sarah03_2

just to let you know we've received a reply from capquest to say that the account has now been put on hold for 28days whilst they try and obtain the information, sounds to me like they havn't got & anyway our letter requested documents within 12 working days - will have to wait and see - thanks for everyone's help, will keep you update!

sarah03_2

ok so to update & if someone could steer me in the right direction, today we have received a letter from capquest stating debt purchased from halifax plc for £6584.08, it then states 'please find enclosed documents as requested' and there are pages & pages of statements dating back to august 2001. it was my understanding that i had requested legal documents stating that they had purchased the debt! to me looking at this it doesn't prove that they own the debt it just shows statement of account from when the credit card was used, it also states that the account is on hold until 8th august, any help is greatly appreciated.
thanks in advance
sarah x

RAS

Sarah

This is b0000ll000xs (if that gets passed the sensor).

wILL TRY AND POST A LINK TO A REAL cca FOR YOU TO SEE.

sarah03_2

many thanks ras, i didn't think it looked right - I had sent the 'official letter' template which I got off this site and i expected proper documents rather than a statement of account