Abbey sold my account

hijimhere

We changed our current account to Abbey when we bought our first property in the 80's. Following that we moved but when we left that town to relocate in 1997 we also changed to another provider.

In Oct 2002 my wive passed away, a month later in November 2002 I had a statement from Abbey saying we had £1685.86 overdraft--I was gobsmacked as I had thought my wife who did all the financial stuff had cleared this when we moved. It was an account in joint names so I wrote to them with a copy of her death certificate enclosed explaining my wife had passed, the account was basically one she controlled and I had no resourses to pay them. All I was a phone call tellling me not to worry about it.
Last month I got a letter enquiring if I was the person who had lived taht that address in that town. Through this site I was told to ignore the letter. Now I have had a letter on Abbey paper to this address saying they have sold my account to Capquest a Debt agency. In the same post a letter came from them offering settlement for half, if I don't take up the offer by 4/12 they claim I will owe the full amount. Basically I haven't got the money anyway.
As this is now 12 years ago am I legally obliged to pay them? I am worried taht they will take me to court as the letter seems to suggest they have every right to claim the money from .me

fermi

See: http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

alessev1

I personally think this could be a scam. They should at least investigate, and 10 years is a long period to look for money back.
As far as i know any debt collect agency should have court order before they come to your door to collect belongins. Withou this they can only send you a demanding letters to pay.
I personally would not pay, especially if you don't have the money.

louiser123

i would just write the letter fermi has ppointed out to capquest, see what happens. i doubt anything will!! although you have written to them you say which could start the ball rolling again if you acknowledged the debt in the letter. im sure fermi will have more knowledge of that than me though! good luck

fermi

louiser123 wrote: »

although you have written to them you say which could start the ball rolling again if you acknowledged the debt in the letter. im sure fermi will have more knowledge of that than me though! good luck

Once a debt has become statute barred it remains that way, permanently, for ever, no matter what you later do.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800058_en_4#pt2-pb2-l1g37

a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

So even acknowledging the debt in writing once the debt is statute barred, does not make it legally enforceable again.

hijimhere

Do we know where it give the statute barred?? Thanks for all the help

hijimhere

I got it and am very appreciative of the help. I had the same situation in 2005 as we lost our house in 1992. I paid them, a solicitor, £1000 after they suggested if I couldn't do £8k they would settle for £1k if I could get that from family members. I have just emailed them after digging out the piece of correspondance I had. I have said they misrepresented the facts and withheld vital information regarding the status of the monies they were seeking --maybe I will get lucky and as well as their commenst I might get my money back.?????

oki25

stuff them, the debt is now uncollectable after 6 or 7 years anyway, DO NOT OFFER TO PAY £1, this is a ploy, as once you do this then you accept responsibilty for the debt and it becomes collectable, the 6 years that have passed would mean nothing, go to your local citizens advice

NickX

oki25 wrote: »

once you do this then you accept responsibilty for the debt and it becomes collectable, the 6 years that have passed would mean nothing

Not so, see Fermi's response #5

Once a debt is "statute barred" it cannot be made un-"statute barred".

It is unenforceable. To the OP, I would just ignore this completely, they have no legal rights to anything and will go away eventually.