Capquest Info Request

turraloon

Good Morning,

My wife was sent letters by Capquest last year for a debt they apparently had which originated from the Bank of Scoitland. At the time we just had our forst child so she began paying £50 per month until last week.

Due to a change in circumstances the means of payment was cancelled with Capquest to prevent further payments being taken by them.

A statement then arrived recently detailing what payments etc...had been made and what is outstanding. Ths also detailed on it that the last contact anyone had with regards to this debt was early 2001.

The questions we have are...

1 - Is cancelling the DD the correct things to do? Or keep paying?

2 - If no contact was made from early 2001 until payments started mid-
2008 does this mean liability has been accepted and we have to live
with this until paid off?

3 - Can we stop payments and write to them requesting further
information on this debt to ascertain it's origins??

Many thanks

fermi

If between early 2001 and and mid 2008 there was no acknowledgement of the debt by HER in WRITING or by making a PAYMENT, then the debt was "statute barred" and so legally unenforceable when she started making payments.

A debt remains permanently "statute barred" once it has become so. No subsequent payment or acknowledgement after the 6 years are up can undo that.

I presume that this debt no longer appears on her credit reports? It shouldn't if it was defaulted back in 2001.

turraloon

Many thanks for the prompt reply.

We live in Scotland, does that change things slightly?

fermi

turraloon wrote: »

Many thanks for the prompt reply.

We live in Scotland, does that change things slightly?

Only that is is 5 years in Scotland, not 6.

Plus there is a different fact-sheet and slightly different letter, since you have to quote the Scottish rather than English laws.

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

MrsTinks

As Fermi said

The only bad news is that whilst the debt is statute barred it's not "gone" - so the money she has paid this far can not be recovered as the debt is still valid - they are just limited in the powers they have in recovering it (ie they can't get CCJs etc etc etc) and if you now stop paying it they can't do bugg3r all

fermi

MrsTine wrote: »

so the money she has paid this far can not be recovered as the debt is still valid

As far as I know the law in Scotland is actually slightly stronger.

Your obligation for the debt is "extinguished", as well as the creditor being barred from taking court action. (That is how it's been explained to me anyway).

MrsTinks

You may be right Fermi - I've never heard that the money paid towards a debt can be recovered but I admit I could be wrong about Scotland

fermi

MrsTine wrote: »

You may be right Fermi - I've never heard that the money paid towards a debt can be recovered but I admit I could be wrong about Scotland

In the end it is rather academic. Still means there is bu**er all they can do.