old credit card debt

Randomdave

I think i may have made a bit of a boo boo an not sure what to do from here.
Quite simply early last year I got some letters regarding a credit card debt from capquest. I ignored it for a few months then eventually caved cos the mrs was stressing about it an rang em up an set up a paltry payment plan.

after a few months the DD failed due to lack of funds in my account an then i never got round to setting it back up, i then moved an forgot all about it.

Now mid/late last year they sent letters to my new address demanding payment, I rang them started to agree a payment they took details (phone number :mad:) The agreement wasnt set up for 2 reasons A) I only offered £20p/m and the operator was insisting the only way that would be agreed was if i provided income/expediture which i was unwilling to do. That degraded in me telling the operator I was ending the phone convo an the only way I would have anything further to do with it is in writing.

After a couple of weeks they started to ring me on my mobile constantly so i changed my number. I then had a letter in dec stating they were applying for bankruptcy under sectio 268(1) insolvency act 86. I hummed an ahhd a bit then decided to ignore that one. I now have one from HL legal solicitors. done some digging an It appears that its another capquest front.

sorry for the long post the short of it is..
* the debt was with mastercard 2001. sold to capquest 2005. £1200 i think it is.
* Have I basically screwed myself by agreeing a payment with them in the first place.
* And will i get nailed if i continue to ignore it.

I know generally you shouldnt ignore these sorts of things but capquest are pure scum as are most collection Agencies. Advice appreciate

Tixy

Most important question, was there ever a period of 6years (5 in scotland) when you did not pay anything to either mastercard or capquest?

What did the most recent letter from HL say?

brians_daughter

Randomdave wrote: »

Quite simply early last year I got some letters regarding a credit card debt from capquest. I ignored it for a few months then eventually caved cos the mrs was stressing about it an rang em up an set up a paltry payment plan.

after a few months the DD failed due to lack of funds in my account an then i never got round to setting it back up, i then moved an forgot all about it.

If the debt was from 2001 an was passed to capquest in 2005 and no payment was made until 2009 then thats 8 years, OP when did you initially stop paying and for how long?

OP states he made payments last year. As I understand it the 6 year rule starts all over again, although please feel free to correct me. BUT I dont know how this would stand if there had been a lapse fo 6 years then OP started to acknowledge debt AFTER the 6 years?

Also, as far as i know you cannot be made bankrupt for £1200...its £10k or so i thought?

Tixy

brians_daughter wrote: »

If the debt was from 2001 an was passed to capquest in 2005 and no payment was made until 2009 then thats 8 years, OP when did you initially stop paying and for how long?

OP states he made payments last year. As I understand it the 6 year rule starts all over again, although please feel free to correct me. BUT I dont know how this would stand if there had been a lapse fo 6 years then OP started to acknowledge debt AFTER the 6 years?

Also, as far as i know you cannot be made bankrupt for £1200...its £10k or so i thought?

If there is a 6year gap with no payment or written acknowledgment of the debt by the OP then its statute barred (in england & wales) (assuming no CCJ was granted within the 6year period), but even if you pay again it doesn't stop it being statute barred - you can't get that money back, but you don't have to pay and once the relevant letter is sent then they can no longer chase him. Once statute barred always statute barred.

If you owe more than £750 to one creditor they can permission to make you bankrupt (highly unlikey but possible)

DadsDown

Based on what you have said, is it possible to request details of all contact from the DCA to confirm where you stand?

never-in-doubt

Tixy wrote: »

If there is a 6year gap with no payment or written acknowledgment of the debt by the OP then its statute barred (in england & wales) (assuming no CCJ was granted within the 6year period), but even if you pay again it doesn't stop it being statute barred - you can't get that money back, but you don't have to pay and once the relevant letter is sent then they can no longer chase him. Once statute barred always statute barred.

If you owe more than £750 to one creditor they can permission to make you bankrupt (highly unlikey but possible)

Agreed - the chances are that as it was last paid in 2001 (prior to last years payments) the debt was indeed SB'd and as such the OP should cease repayments asap.

Any money paid will be swallowed, although they could play the 'it's illegal to chase a SB debt so refund what you illegally harrassed me to pay' card in which case they usually do refund the monies paid (unlawfully paid may I add)

never-in-doubt

DadsDown wrote: »

Based on what you have said, is it possible to request details of all contact from the DCA to confirm where you stand?

No need to, the DCA could have changed hands 20 times in the last 8 years. The OP simply cuts all ties with the creditor/dca here and now.

RAS

Randomdave wrote: »

I ignored it for a few months then eventually caved cos the mrs was stressing about it an rang em up an set up a paltry payment plan.

OK, you made payments in early 2009. Did you make any other payments at anytime between early 2003 and early 2009 (since 2004 if you are in Scotland)?

If not the debt was and still is statute barred.

Randomdave wrote: »

Now mid/late last year they sent letters to my new address demanding payment, I rang them started to agree a payment they took details (phone number :mad:)


I then had a letter in dec stating they were applying for bankruptcy under sectio 268(1) insolvency act 86. I hummed an ahhd a bit then decided to ignore that one.

Naughty. If it said they were applying to make you bankrupt and know the debt is statute barred, you need to mkea formal complaint and thenn talk to the OFT. This would be bang out of order.

Note - chances are they said they are refering you to/advising a team who will consider...........

Randomdave wrote: »

I now have one from HL legal solicitors. done some digging an It appears that its another capquest front.

Yep

Randomdave wrote: »

* Have I basically screwed myself by agreeing a payment with them in the first place.
* And will i get nailed if i continue to ignore it.

If the debt became statute barred prior to early 2009, it remains forever statute barred.

However, until you write and tell them you know it is statute barred and are not going to pay, they are allowed to chase you.

Read this http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act and send the letter at the end. if you are in scotland, go to the Scottish section and send that letter.

Randomdave

never-in-doubt wrote: »

Agreed - the chances are that as it was last paid in 2001 (prior to last years payments) the debt was indeed SB'd and as such the OP should cease repayments asap.

Any money paid will be swallowed, although they could play the 'it's illegal to chase a SB debt so refund what you illegally harrassed me to pay' card in which case they usually do refund the monies paid (unlawfully paid may I add)

I have stopped paying em. back in april hence the letters demanding money. altho im suprised it took from april to dec to send anything.
Do i need to do anything to make the debt SB? Im not to worried about getting money back from them it wasnt a lot i payed in the first place. I just need them to stop harrasing me

RAS

Did you make any other payments at anytime between early 2003 and early 2009 (since 2004 if you are in Scotland)?

Randomdave

ahh ty Ras. i shall do that
No the first payment I made was in april to capquest .