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Capquest Threatening Bankruptcy on a 10 year bank debt !!!
Jayne_Morgan_123
Posts: 21 Forumite
I had a loan in 2000 with RBS and one for one reason or other I changed banks and forgot about it!! I have since got married - 7 years ago and had forgotten about the loan until last year I recieved a letter from Capquest to my maiden name regarding the unpaid amount. I have today just been served with papers in my maiden name for a bankruptcy order!! I have spoken to them once about 6 months ago about this but apart from that there has been no conact with any one for about 9 years - can they do this to me!!! What can I do as I am a stay at home mum - was made redundant on maternity leave so not out of choice -hubby is on minimum wage and we have other bills etc to pay and I really dont want to be bankrupt for 2k!! HELP
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Hi
what a nightmare.. I would say this is statue barred as its over 6 years old. Would suggest you PM Never In Doubt. Best of luck but on the face of it I would say you have little to worry about. One of the team with more experience will be along shortly to help.0 -
Jayne
if you have neither paid anything towards or acknowledged in writing in the last 6 years, unless there is a CCJ, this debt is statute barred. they can threaten all they like but if they try to make you BR, you can defend the case completely.
even with a CCJ, if there has been a 6 year break, they cannot pursue it wiothout court permission and that is unlikely. Links to follow.If you've have not made a mistake, you've made nothing0 -
Hi
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 (assuming you are in England and Wales).If you've have not made a mistake, you've made nothing0 -
Jayne_Morgan_123 wrote: »I have today just been served with papers in my maiden name for a bankruptcy order!!
By a process server, or just sent through the post?
Is what you have received a statutory demand or an actual bankruptcy petition?Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
thank you, it was hand delivered personally this afternoon0
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and a statutory demand0
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Are you in England or wales?
Do you know if there is a CCJ for this debt?If you've have not made a mistake, you've made nothing0 -
I am in England and no CCJ that I am aware of0
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have you checked the Registry Trust, lists all CCJs? Includes those that have fallen off your credit record.If you've have not made a mistake, you've made nothing0
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Hi I wasnt aware of the Registry Trusts - how would I access it please?0
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