A bit of help please

liliac

I am wondering if anyone could help with a question i have and i can't find the answer anywhere on the net .....

My partner had a debt which was passed onto Capquest (i know of all the ones they pick that one) we have sent off all the proper letters regarding the Credit Agreement etc ....

We then realised that the debt was over 8 years old and there has not been a payment on the account for 7 years. I sent a Statute of Limitation Letter to Capquest - they replied saying they would put it on hold till 27th June in order for them to look at the account (fair enough) but then we heard nothing until yesterday when we got a letter from ScotCall (another debt collector) requesting payment for the same debt, ScotCall have said that CapQuest have sold it onto them.

My question is can they sell a debt on once a Statute Of Limitation letter has been sent to them and acknowledged.

Thanking you all in advance.

Jinx

I dont think they should have and have been very sneaky. Id send the same letter to Scotcall and then not worry about it...

I know that when an debt is disputed it should not be sold on, but Im not sure if the same applies to a statute barred debt. Sure someone will advise

liliac

Thanks for your advice Jinx, i have already done the same letter to ScotCall but not posted yet just wanted to see if anybody had any advice about the situation. Its quite strange too that the letter from ScotCall is dated the 17th August 2010 and we received it yesterday ...

saltnvinegar

The reason Capquest have sold it is they realised it was Statute Barred, more hassle than it was worth they had wasted their money so fobbed it off to the next sucker.

If you've sent the SB letter off its likely you will not hear from ScotCall again.

However if you want to be mischievous you could send a letter to ScotCall saying that you had already written to Capquest informing them that the debt was SB on xx June 2010 and you are surprised with this in mind that Capquest have sold the debt on especially in mind of the OFT guidance on unfair practices examples of which include:

Not ensuring that an adequate history of the debt is passed on as
appropriate resulting in repetitive and/or frequent contact by different parties

Not informing the debtor when their case has been passed on to a

different debt collector

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

Good luck!

SNV

liliac

Thanks saltnvinegar, we sent the Statute of Limitation letter off again this morning to ScotCall with a covering letter stating that we had already sent one to CapQuest - lets see what happens - will keep you posted.