Capquest Stat Demand

ddavis

Help!

Hi all,

My partner has received a letter from Capquest today, with a stat demand enclosed. It is dated 19th July 2010!!! 18 days from then, is before today..

We only sent a CCA off to them yesterday (first we heard from them was saturday post) so what do we do? It says the debt was assigned to them in Sept 05 but we believe it's actually a couple of years older than that and should be statute barred anyway.

I can post the general contents of the letter if you need.

Thanks in advance
DD

bottleofred

Hi dd,

The first thing your partner should do is check there credit file to see if the default for this debt is still on there credit file. Defaults etc stay on for 6 years, so if it is not on the credit file, then it is a good indication that it may be statute barred. Have you sent them the prove it letter to prove your partner owes the debt? You should probably consider this before sending the statute barred letter. But only send the statute barred letter if your sure it's over six years since any acknowledgement of the debt.

ddavis

Thanks for that.

We sent the 'prove it' letter yesterday afternoon so won't hear the outcome of that for some time.

She has just one debt left on her credit file which goes in 4 months. It is not this debt, it's another one which we're trying to trace (not had any correspondence about it).

Unfortunately most of her debts were taken out by her ex in her name. She's not been able to prove it, so she just didn't pay.

I'm assuming this stat demand is a bluff, given the huge delay between it being delivered (by hand I assume as it is in a proper envelope with written address but came about 3 hrs after the postman).

ddavis

Sorry, just noticed that the stat demand is related to a credit agreement from 2002 that was passed to the creditor pursuant to an assignment from 2005.

So it's incredibly likely that it's stat barred.

RAS

Firstly, if this debt relates to an accouhnt opened by her ex in her name she needs to defend the case. If the debt is statute barred shge needs to defend the case.

Please note it is the responsibility of the creditor to prove that the debt is hers, NOT hers to prove it is not her debt.

Do you understand how to set aside an SD?

ddavis

Erm, nope not really.

I'm also not entirely sure what to do in these circumstances anyway, the letter and demand are dated a month ago (almost to the day) but it says I have 18 days to apply to set aside.

So it's clearly not been served properly, if it's even been served to the court.

I'm lost