Advice re nearly statute barred debt..

immoral_angeluk

Dh has recent had contact from Capital one who had bought back an old debt which defaulted on the 5th March 2001. Obviously come march 07 it's going to be statute barred which must be why they've gotten in contact again. Basically before we realised how old the debt was he made an offer of installments over the phone but not in writing, and they just said they were going to pass on the debt to another DCA. We've since seen DH's credit report which says the default date was the 5th March 2001 and as it's coming up to 6 years I was wondering where DH stood as to them enforcing the debt because he hasn't acknowledged the debt in writing to capital one or to the new DCA (Whoever they may be when capital one pass it on again..)..
Can anyone give any advice?? Please don't think we're trying to run away from our debts or anything like that it's just I'm interested as to where we stand regarding the statuted barred rules???

Jamz

You owe it, you pay it, and as they have contacted you now I'm sure the 6 years starts again

cattie1

I'm not entirely sure but I think because you or dh made some kind of arrangement over the phone you can't do anything about it now.
All phone calls are recorded and they would just have to go back through the call logs to find your call and then hey presto proof that you confirmed the debt. sorry.x

immoral_angeluk

No worries. that's what we thought.. cheers for clearing that up!

rog2

cattie1 wrote:

I'm not entirely sure but I think because you or dh made some kind of arrangement over the phone you can't do anything about it now.
All phone calls are recorded and they would just have to go back through the call logs to find your call and then hey presto proof that you confirmed the debt. sorry.x

I used to think so too, but I was corrected - contact MUST be in writing. Also if the call was recorded, they are legally obliged to inform you, otherwise the recording cannot be accepted as evidence.