Capquest threatening bankruptcy on 7 year old debt?

TaffyWell

About 7 years ago I got into debt with Natwest because I had a £1000 overdraft that I unexpectedly went over and got charged left right and centre, so being the silly naive thing I was, I just opened another account elsewhere and forgot all about it.

The last year I have been getting letters from CapQuest - some threatening, some ridiculous. I have just ignored them tbh as going through IVF, a disabling pregnancy and then having our baby girl - it was a hassle I couldn't face.

I haven't entered into any correspondence, I haven't acknowledged the debt. Just simply thrown the letters away. I am certain the debt is now statute barred or whatever the term is right?

So today I get a lovely letter informing me that on the 23rd December, I will be served a statutory demand for bankruptcy. I have a feeling they are just using scare tactics around christmas. The fact is the house and mortgage is in my partners name, we are not married, even the car is in his name. I have no assets. The debt is for £1478.25.

I am suffering with some pretty bad post natal issues, and this threat has come at the worse possible time. Yes I know I should have dealt with it years ago but I didn't.

Can I just ignore this letter? Is it an empty threat?

RAS

Hi

The issue is when did you last make a payment on this account? When was the default entered on your credit record?

TaffyWell

I never made a payment, I just cut up my debit card and never touched the account again. The next I heard was when I started getting letters from capquest. I have just got the free trial with experian set up to see my credit record and its not even listed!

RAS

Did you check the other credit agencies equifax and callcredit?

TaffyWell

Oooh no I'll get on to that now. I thought it would all be on the one. Thanks for your help

TaffyWell

ok i've checked all of those now and no mention of it anywhere. What does this mean then?

RAS

Well if the debt was defaulted over 6 years ago, then it would no longer show up on your credit record. This would suggest that it is indeed statute barred.

You might be advised to check whether there is a CCJ outstanding on it (Registry Trust on-line).

If that is not showing up, then send the Statute barred letter off, pronto.

Either send it registered post or post copies from two different sorting offices. Both would be considered served in law. You might want to CC the OFT into the letter for good measure.

PNPSUKNET

if it was an old bank account prior to 2004 it wont appear anyway on credit files, due to the permission to disclose to cra's. What year did you last use the account

fermi

PNPSUKNET wrote: »

if it was an old bank account prior to 2004 it wont appear anyway on credit files, due to the permission to disclose to cra's. What year did you last use the account

It can if the account has been defaulted.