Advice on debt recovery greatly apprecciated

RAS

Hi

When was the last payment from your OH in 2001?

If there was a clear 6 year gap prior to October 2007, then the debt was and still is statute barred. the fact that OH has paid recently is irrelevent. The DCA are entitled to ask for payment as the debt still exists but if you tell them where to go, they cannot enforce the debt, mark his credit record or pursue him for the debt.

I may not be on-line for the next few days, nudge fermi or rog2 if you need more help.

Even better give NDL a ring as you can then talk through the documents which is a lot easier than doing stuff on-line.

The other option would be to request a CCA.

Read posts 52 and 53 on here http://forums.moneysavingexpert.com/showthread.html?t=501555&page=3

That is a proper CCA. Gives you an idea what you should receive.

GeorgeUK

If you provided the £1 payment with the request they have a legal duty to provide the documents requested.

If this was for an overdraft you cannot do a CCA request as there may not have been an agreement. From the statements they provided, can you see what the date of the last payment was? What matters is not that the debt is more than 6 years old, but the date of the last payment (or written acknowledgement of the debt). If there has been a gap of 6 years since the last payment - until payments resumed, then as has been said, the debt is statute barred.

sarah03_2

from what i can make out on the statement looks like payment made november 2001 but i could be wrong, will have a read through the above posts. many thanks for your help ras

rog2

Both RAS and fermi are absolutely correct - this 'debt' was Statute Barred when your OH started paying them, and, as such, remains 'Statute Barred'.

The payments that he has made are irrelevant - CRAPQUEST can, no longer, pursue this 'debt' through the courts as the only defence that your OH needs is that the 'debt' is statute barred.

He should send them the letter in the National Debtline Link, that fermi has posted, and stop paying them immediately.

Tell him not to be put off by any letters, from CQ, stating that he has a 'moral' obligation to continue paying them. CQ know absolutely nothing about 'morals'.

Just to elaborate - the fact that a 'debt' is Statute Barred does not mean that the 'debt' ceases to exist - merely that it can no longer be pursued through the courts. It is, of course, up to your OH to decide whether or not he wishes to continue to line the pockets of the likes of CRAPQUEST, who probably 'bought' the debt for a few pence in the fairly safe expectation that your OH would not be aware of the protection that the Limitation Act affords him, thereby almost certainly guaranteeing CRAPQUEST a quick and easy return on their investment.

The OFT Debt Collection Guidelines, to which these thugs should, yet seldom do, adhere, clearly states that once a 'debtor' has told them that he will no longer be making any payments as the 'debt' is statute barred (the ONLY reason he needs give) then they should cease all further attempts at collection:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

sarah03_2

many thanks all of you, i'm off to work now but will read through all the mentioned posts - i've had a look at the [proper cca above and what has been sent looks nothing like this - infact they are not even proper statements, they are just printed screen dumps! many thanks will keep you posted..x

sarah03_2

just to keep you posted, I have today sent another request for cca by recorded delivery, found a template letter on another thread (sorry can't remember who posted it) - adapted parts of it i/e sending printouts of statements does not constiute a cca etc, they should receive that tomorrow so we will see what happens - the 30days is up on thursday though so we wait with baited breath x

GeorgeUK

It looks like they don't have the CCA, but even if it does get found, there is a statute barred letter you can send here
http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227

If you are still unsure as to when the last payment was, you could do a subject access request to the original creditor (or whoever last owned the debt). They would need to provide a similar list of statements and any other documents held about you for the last 6 years. This does cost £10 though.
(Template for this available further down the above thread)

sarah03_2

thanks george uk, i'll wait and see what turns up but it does seem like they don't have the cca - hopefully they don't!!!

sarah03_2

well today we have received a copy of the cca, this have been received 32 days after first requested, whats the best course of action to take now? with the pile of statements they first sent its hard to see when payment was last made - very poorly printed and bits missing etc...also on the cca o/h has signed it but it is not dated (yes it is his signature) but there is a branch stamp (received 14.01.00)o/h thinks he last made a payment 2002 but cannot remember exactly when. not sure what to do with this now,
thanks in advance for any help
xxx

sarah03_2

anyone? the account is only on hold until the 16th august and I really don't know what to do with it now