Capquest Statutory Demand letter - lots of questions HELP!

ooohdear

Hello,

Ive received a statutory demand letter from capquest today for the sum of £2419 which stated "Power of arrorney" Royal Bank of Scotland.

Now this is for a student overdraft account, which i havent paid any cash into for over 6 years - def 5 years.

My questions are - i live in England now, but any of my debts would have been taken in scotland - is it the 5 years or 6 years that applied for statute barred.

How should i respond to this letter - like ive said above im about 99% sure its statue barred - if this is the case can they do this when someone applies for a statutory demand?! does the statute barred still stand.

The letter is offering a reduced payment - which makes me think its scare tactics - i have 18days to apply to the court to have the demand set aside (only details they have provided is there own) and says 21 days till they present a bankrupcy petetion - so how do i get it set aside - i dont want to call them, have heard from prev posts what they can be like

I really dont want to go bankrupt - the debts £2419 - they are offering settlement of £1451. This has really scared me - ive never had one of these!!! It says i have till 26th nov to pay settlement - thats also the date they say they'll issue statutory demand

Sorry for thre ramblings! any advise welcome ( i wont be back on till 2moro at earliest but will fully update)

ooohdear

just checked the actual default date of this was - RBOS - 2132 - dafaulted - 06.12.03 - however, it was taken in scotland so thats it almost 5 years - now i know thats default date - however, i wouldnt have paid anything to that account for a good 6 months before the dafault....

eeek guys - is it statute barred?

RAS

Hi

Crapquest and 1st Crudit issue SDs like confetti because it costs them nothing. They are most unlikely to follow through because it would cost them £150 ish to do so, but it has happened once or twice.

if the debt was incurred in Scotland, then it is 5 years. Unless there is a CCJ (not sure of the Scottish term for this).

You need to ask for this to be set aside on the grounds that it is statute barred.

ooohdear

that you - ive seen the statute barred letter - what do i write to ask for a signed copy of credit agreement? or should i just send the standard statute barred letter...do u have the link???

RAS

Hi

What sort of account is this?

ooohdear

it was a student bank account

RAS

Then the CCA request is irrelevant as the Act does not apply to bank accounts.

Is there a decree outstanding on this debt as otherwise it probably will be statute barred? See http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

ooohdear

RAS wrote: »

Then the CCA request is irrelevant as the Act does not apply to bank accounts.

Is there a decree outstanding on this debt as otherwise it probably will be statute barred? See http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

I will send that letter - thank you again.,,,ive been working away hence slow replies.....

If i ask for it to be set aside - does it still go to court o rin the paper or anything?? My mum know nothing of this debt- im half tempted to offer them £20 a month just to sort it......it is sooo close to the 5 year mark thats what worrying me

ooohdear

anyone know answer to the above?

RAS

Have you rung any of the debt charities> Would recommend NDL as they do know about Scottish systems.

And if you start paying, you can be absolutely sure they will keep coming at you.

ooohdear

Helllo - i range NDL - and to be honest the girl didnt help - she had me on hold at least 4 times and never really got all the info.

One thing she said was 1) Even though the debt was taken in Scotland, it isnt statute barred until the 6 years as i now live in England? Is that right? and then gave me advice about repaying

I dont have a clue what to do. Just to get rid of the hassle i think i will start paying, what should i offer? I just dont have the energy to fight it!!!!!!