debt from 1995

apples101

Can somebody please help me.

my wife has been sent a letter from a drebt recovery agency stating that they have bought a debt from a creditor.

the apparent debt goes back to 1995 and my wife does not remember anything about it.

she has contacted them and has asked for details regarding it, but not accepted that the debt is hers etc...

can sombody please explain the situation (11 years has passed)
and what information that the company has to provide to prove the debt.

and what is the 6 year rule?

thanks in advance.

Bunnie1982

The debt recovery agency isn't called Capquest by any chance? They have a nasty habit of buying old debt.

You have got the right to see the paperwork relating to the debt, I think there is a letter somewhere you can send, hopefully someone will come along shortly and point you in the right direction as I'm not 100% certain

amosworks

What you need to do is send a Consumer Credit Act 1974 request to see the original credit agreement and statement of account, which has a statutory fee of £1.

Have a nose here for the sample letter and good luck

Northernbird_2

I'm pretty sure that even if the debt is hers, there is a statutory 6 year limit on debts owed (excluding mortgage debts which is 12 years), so given that 11 years has passed (and assuming there has been no contact regarding this debt for 6 years or more), they haven't got a leg to stand on.

apples101

Bunnie1982 wrote:

The debt recovery agency isn't called Capquest by any chance? They have a nasty habit of buying old debt.

Yes it certainly is!

i belive that no corrispondance has been entered into ceertainly within the last 6 years. what position should we take and how do we proceed.

Northernbird_2

If I were you, I would firstly write a letter, sending it Recorded Delivery, not acknowledging the debt, but asking for the signed credit agreement etc as per the template.

If they can't or don't do that in the given deadline, send a final letter along the lines of 'as you have failed to produce etc etc, I am considering this matter closed....'

If they do send you the signed agreement, then there is a template (but I'm not sure where it is on here) that basically quotes the 6 year statute barring recovery of monies owed and say that the matter is closed due to that.

Send everything Recorded Delivery (or Special if you want to be absolutely sure), and that should be the end of it.

Good luck and remember the law is on your side.

Bunnie1982

apples101 wrote:

Yes it certainly is!

i belive that no corrispondance has been entered into ceertainly within the last 6 years. what position should we take and how do we proceed.

Thought as much, Capquest are not a particularly nice company to deal with so don't back down against them, have heard of many complaints about them to Trading Standards (check out Grumbletext) and there was also a topic on here a few days ago about them saying to an 8 year old they were calling from the police!

I recommend contacting Office of Fair Trading to see where you stand in this situation, or Citizens Advice Bureau

THE_LONE_RANGER_4

i wouldnt even converse with those muppets ignore it totally bin it to late to affect your credit file and if they take you to court ill eat my hat

dap_3

If you havent made a payment to it or acknowledged it (sent them a letter admitting to it??) within the last 6 years, they can't touch you.

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

Sample letters - "Dispute your liability of a debt.... "