Statutory Demand Issued

chezzy

Hi I wonder if anyone can help. My partner was issued a Stat Demand from Capquest for an Egg credit card of approx £2,000 back in the year 2000.

We live in a council house, he doesn't work, I do, he has looked after our children for a number of years. He was registered sick at one point, has no bank account, a number of debts. What would the best thing to do be, let them make him bankrupt or set aside? Really confused, as he has nothing to lose we are considering letting them do it. Will it affect our house?

tmcd01

Hi, it wont affect your house, council will be informed if you go BR but they are usually fine about it. Is he struggling with other debts? Also, i'm really no expert on this, but aren't debts over a certain age barred if you haven't heard from the company?

peachyprice

Is the stautory demand dated 2000? Or the debt?

If he has not acknowledged the debt in the last 6 years in any way shape or form it is statute barred and they cannot force him to pay. This doesn't mean the debt is wiped out though.

If you go over to the DFW bord there will be folks who can help you with template letters you can send to Capquest.

RAS

chezzy

As PP says, id he has not paid or acknowledged this debt in writing in the last 6 years, the debt is statute barred (5 years in Scotland).

The debt still exists but it is ot enfocreable in the courts. Sadly, tht does not mean you can ignore this, as if your OH does not fight the claim, it could be granted.

However, the Statute of Limitations is a full defence against this SD.

chezzy

Hi guys thanks for the advice. I called the National Debt Line who are sending a template of a letter I should send as it seems to be Statute barred and we will see what happens from there.

thanks again xx

peachyprice

Crapquest are notorious for trying it on like this, they'll be well aware that it's stature barred but have sent you the stat dec in the hope that you'll be frightened enough to pay up. Whatever you do in the meantine do not contact them or acknowledge anything at all.

Good luck, hope you get it sorted.

debt_doctor

has there ever been a CCJ granted against this debt ?

DD

chezzy

No not that I can remember. Why?

debt_doctor

chezzy wrote: »

No not that I can remember. Why?

...because once a CCJ has been obtained then the debt can never be statute barred unless the CCJ was obtained after the 6 years limit had passed, in which case you could apply to have the CCJ set aside.

DD

chezzy

DD, I will check the paperwork tonight, but I don't think a CCJ was issued. Will come back to you tomorrow.

Thanks

fermi

CRAPQuest chasing a valid none statute barred debt is an unlikely concept.;)