Advice on debt recovery greatly apprecciated

sarah03_2

many thanks georgeuk, will give it a go

sarah03_2

a quick update - o/h spoke to national debt helpline last night and the guy there was fantastic, he basically to send a letter stating that they had not fulfilled his first request as the cca they had sent is not the proper one as not all prescribed terms are on it, so today will be sending a letter recorded delivery re: this and also stating that the debt is statue barred, he also said because they had not fulfilled the request for the cca and sending the threat of statutory demand this is classed as harassment - so i'll let you know what happens. xxx

GeorgeUK

In post 18 there's a link to some templates. There are some letters in there that may be of use. Have a read through and see if you can adapt any of them.

sarah03_2

Morning,
so I sent the statue barred letter registered post this week, this morning received a letter stating that debt is not statue barred as payment was last made (to capquest) on 01.07.08 & that they had sent cca in august. National debt helpline have already said that the cca that they sent was not the correct one, it seems that they have replied very quickly re: statue barred, surely they would need to find out if the debt was statue barred before they took on the debt - any suggestions?

GeorgeUK

Did you inform the DCA that on the date of payments recently made that the debt was already statute barred? Making payments after a debt has become statute barred does not change the status - the debt is still statute barred.

Basically, the debt is unenforcable right now as they have not provided you with a true copy of an enforcable CCA. Have you sent the 12+2 day letter to them?

You will need to find out when the last payment made to the account was. I suggest sending a SAR to get all the information that the original creditor holds on your husband. You should see from the transaction details when the last payment he made to the account was. If there are 6 years between that date and the October 2007 date when the first payment was made again, then the debt is statute barred. If it isn't statute barred, they still need to send you a true copy of the CCA, which they have not yet done - send the 12+2 day letter if you have not already done so.

sarah03_2

thanks geoege uk, yes I did send the 12+2 day letter, but I didn't state on the letter sent this week that the debt was statue barred prior to making payments to them. I will send the SAR & see what that shows

Broken_hearted

If my maths is right its not statute barred Nov 01 to Oct 07 is 5 years 11 months

sarah03_2

Hi. just a quick update to let you know what has been happening with this one, well sent the statue barred letter, capquest sent a letter back stating it was not statue barred, national debt helpline adv us to not respond to that letter, capquest then sent a letter offering a reayment plan at paying half the debt, then out of the blue a stat' demand for bankrupty letter arrived, so applied to court to have this set aside, now received a court date for next week but this week capquest have sent a copy of the letter to us which they have sent to the court stating that due to the time limits they will not be able to obtain the legal paperwork to prove ownership of the debt (we applied for this last year via a cca letter), it also states that if the court sets this asside if they receive the relevant paper work can they apply to the courts for payment. The fact that they don't have the paperwork surely has to be good for o.h?
Does anyone know that if the court sets this aside are capquest then able to apply again for payment?
thanks in advance

GeorgeUK

Hi Sarah

Need to clear up a few things here - it was getting a bit confusing going back through the thread.

1. Who did you send a SAR to?
2. When was the last payment made towards the debt in 2001?
3. When was the last time the card was used?
4. Was there a period of 6 years where no payment was made towards the debt?
5. Does the CCA they sent have
a) the credit limit,
b) the apr and interest rate,
c) repayment details

Did you need to enter a defence? If so what was it?

Edit: Have you received a notice of default for this debt?
The debt is governed by English law, isn't it?

sarah03_2

Hi George thanks for your response.
After taking advice from national debt helpline they advised us not to send SAR or to even enter into any communication with capquest. It was only when this stat demand for bankruptcy arrived that they adv us to apply for it to be set asside, No the cca that they sent does not contain all the prescribed terms and the fact that they have written to the court to advise that they do not have this paperwork - i'm hoping is good for us. National debt helpline have advised to take any communication from capquest and copies of letters sent. Not sure what a default notice is though, doesn't sound familuar so can't say have received one.