Proving A Debt, Probably a silly question

dan77_2

This is probably a stupid question to those of you on here who have been here a while but, If a debt has been passed around and sold to a number of DCC over the last 6 years is it up to each company to prove the debt. My Barclays loan was last acknowledged in September 2004 when I was paying a debt collection company called Credit Solutions Limited £20 a month (from Oct 03 - Sept 04), they stopped taking payments and I heard nothing until November 2009 when Capquest owned the debt and have added a large amount of interest. My question is if Capquest don't have proof of these payments to Credit Solutions (which they dont appear too as the amount owed hasnt changed, excepting interest) then can I get it statue barred as the default with Barclays was in June 2003? I have not spoken to Capquest and they have only written to me once.

Probably a stupid question but I dont know a lot about this. I did try and track this debt down with CAB in 2005 but couldnt trace it.

dan77_2

Sorry just to add is the 6 year rule from when you last had contact with the original creditor and from when you defaulted?

Tixy

Hi Dan

The 6 year rule for statute barred debts would be from the last date you paid anyone for the debt (or contacted them in writing to acknowledge the debt). If your debt is passed to a new DCA its always worth sending the prove it letter before you start paying a new DCA.

dan77_2

Thanks Tixy, I last acknowledged in September 04 so 8 months until the 6 years are up, however I will send the prove it letter to Capquest. If they do prove it I assume I then need to start talks with them to avoid court action.

DarkConvict

They are required to keep an accurate statement of the account, including payments you made to the previous DCA - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Obviously knowing you made payments to a DCA is an admission of the debt, but unless they can find the payments it could be seen that you are acknowledging a different debt. I dunno worth a try if they pressure you.

But as above its 6 years in England, 5 in Scotland for it to go statute barred.

fatbelly

dan77 wrote: »

Thanks Tixy, I last acknowledged in September 04 so 8 months until the 6 years are up, however I will send the prove it letter to Capquest. If they do prove it I assume I then need to start talks with them to avoid court action.

Another option is to ignore them until September;)

It's your call but I think that's what I'd do.