Help I need some advice

patbal2000

I recently recieved a letter from capquest debt recovery saying that I had an outstanding debt with natwest bank, the debt they say I have is nearly £6500, I have no recollection of this debt and there is nothing on my credit files ( I have checked experian and equifax within the last month )
The letter also states that they are going to instruct their representitives to come to my house to serve a " statutory demand for bankruptcy "
I have been reading other posts on here and know that I need to send some letters to this agency, but I am not sure which ones to send,
It's really getting upsetting for me and my partner now as we were about £1000 away from clearing my bad debts from my past and moving on with our lives, But this has thrown a major spanner in the works.

Thank you in advance for any help,
P.S If this is in the wrong section then I apologise and please feel free to move it to another thread.

Tixy

Hi

First thing to do in this sort of situation is to start by sending the prove it letter - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2
depending on what they come back with (if anything) then we'll help with the next step then.
If its not on your credit reports then there could be a good chance that either its not your debt at all or that its very old and statute barred.

Mikeone

Sounds odd for a Debt Collection Agency to want to push for bankruptcy -would make it less likely that they'd recoup any money (unless I'm mistaken).

More informed types will be along shortly to offer some better advice.

patbal2000

Ok I have sent the letter that tixy posted the link for, now we play the waiting game !!

Update; they have received the letter just got to wait for their response

patbal2000

isnt it amazing, as soon as you request your credit file they all come out of the woodwork, had a letter from roxburghe debt collectors today, with an account from barclaycard, thats at least 6 years old, rang them and they told me that at first i had defaulted in 2006 and then a few minutes later it had changed to 2005, I think the original debt was in 2004, but i have no statements or anything to prove that, a question that i have though is that i defaulted on the barclaycard, it has not shown up on my credit file in the past few months, I told the guy at roxburghe that it was not on my credit file but the guy at roxburghe claimed that because i had defaulted with the original DCA ( HFO)that he would let them know and get them to put it on my credit file as a default, surely they cannot do this, if the debt is statuate barred then they cannot chase it or am i getting confused, as a note i told him to send me a copy of everything that he has regarding this file, any help or advice would be appreciated.

Tixy

Hi

They are not allowed to backdate a default. Either it was defaulted in the past (over 6years ago) and that default has now dropped off or there was never a default and they should not be applying one now (it would be against OFT guidelines). If they put one on your report you are going to have to contest it and ask for proof of the default notice etc.

Really you shouldn't be calling a DCA when they ring you (they'll tell you anything). If you get a letter first send the prove it letter and then if they prove the debt you need to ask for a statement (and possibly do a full subject access request so you get a copy of any default notice they sent).

If the debt is statute barred they are allowed to chase you for in until you tell them it is SB and you don't intend to pay.
With regard to the SB date then just to note the default date is not the relevant one (although they may try to claim it is) - the relevant date is the date you last paid them anything or wrote to admit you owed the money.

patbal2000

thanks again Tixy, you are proving to be a lifesaver, I will also send them a prove it letter, like the one you posted above, when i spoke to him he said that they had a copy of an agreement that i had signed, I know that this debt is at least 5 years old if not more, but it would of shown up on my credit file wouldn't it ? I have not paid anything on the card for a really long time and also never written to any debt company that i owe them any money, would I have to tell them in writing that the debt is SB ( i did tell him over the phone ) but he said it didnt matter as it wasnt SB from the point of the original DCA, I think I will just have to wait and see what they can produce !!!!

Nargleblast

Ignore the threat about sending someone to your house with a demand for bankruptcy - it is just a ploy to frighten you into coughing up some money. I suspect that this company have been going through old files and are desperately trying to claw some cash in before the debt becomes statute barred -after all, there is a recession on! Do not phone any of these companies, wait till they contact you in writing and let us know - there are plenty of people on here who can pick these letters to pieces and guide you in the right direction.

patbal2000

Hi I have an update to my original post, they have contacted me to ask if i can confirm living at an address, I have not lived at that address since September 2002, and i have not made a paymeny on the account, as far as i'm aware they closed my account down, so does that mean that this aaccount is stauate barred, If so what is my next step ?

Tixy

Hi Pat

Did they write to you to ask you this? I assume they haven't actually given any proof of the debt yet?

This post https://forums.moneysavingexpert.com/discussion/comment/11570893#Comment_11570893
explains about SB debts (there is a link to a factsheet about them) and gives a template letter.

I would suggest you write back to say
-that this is a previous address of yours but that you have not lived at or used that address since September 2002.
- you do not acknowledge any liability to capquest and have no knowledge of this debt (as in the prove it letter)
-I would then re-iterate that you have requested evidence of the debt in your letter of X and that they have still not provided you with any evidence.

I would probably not complicate the matter by mentioning it you think it is SB yet (if you do think it is after reading that info in the link), as they haven't yet even proved the debt exists and belongs to you.

patbal2000

Thank you Tixy, I have drafted the reply set out below, could you possibly have a look at it and offer some suggestions, thank you once again.

Dear Sirs
I am writing in reply to your previous letter that you have sent to me dated the 8th of July 2010,
The address that you have asked about is one that I resided at in 2002. I was only living there for a period of 5 months, and as it was over 8 years ago, I do not have any proof of when I left there.
I still do not acknowledge that this debt is mine or any liability towards Capquest or any companies associated with Capquest.
I have also requested that you provide me with evidence of this debt, The letter has been delivered and signed for on the 7th of July 2010. And as of yet have not received any such evidence.

Yours sincerely