Just got Written Credit Agreement back...

wardie2437

..... from a requst to Cap Quest - the WCA was dated 15-1-1997 and I'm sure this debt has been satisfied - they still havent sent me a SOA and they said they will give me until 7th April to pay up or else !!!

Isn't there some rule that if there hasnt been any contact or activity on an account - they cannot hassle you about it ???

Any advice would help

thanks

fermi

Was there a 6 year gap (5 if you are in Scotland) during witch you neither made a payment or acknowledged the debt in writing?

Tixy

Are you thinking of the limitation act / statute barred rules?

If so the 'rules' (in england/wales0 are if there have been no payments towards a debt for 6years, no correspondance from the debtor to the creditor (or DCA) to admit that they owe the debt for 6years and providing no CCJ has been granted then the debt is statute barred.

Creditors can chase a SB debt until you tell them you know its SB and don't intend to pay. After that they should stop chasing for the debt.

wardie2437

they just sent the SOA back (well if you can call it that) - there was a white piece of plain A4 paper with 4 payments of interest all made by capquest. Not bad for an alleged credit card taken out in 1997. Should I just ignore them now - even though they are trying to force me into bankruptcy over this debt -which is between £1200 and £1400 (it changes every letter I get from them).

wardie2437

I think they called it a STATUTORY DEMAND - I'm not sure if I should send them a sarcastic letter or just wait till they take me to court and produce that full SAO - all 6 lines of their interest !!!

fermi

wardie2437 wrote: »

I think they called it a STATUTORY DEMAND -

Have they actually sent you one?

Or just a letter saying that they might or are preparing one?

If it's a real one of these:

http://www.insolvency.gov.uk/forms/ew/Form%206-01%20from%206-4-11.doc

then did it come via post or was it served personally?

If the debt is statute barred, then send them the letter here:

http://forums.moneysavingexpert.com/showthread.php?t=2606811

wardie2437

ahhh - just a letter saying they might. The thing is I SAY its statue barred, they say it isn't - I paid my £1 and all they sent me was a poor photcopy of WCA and a 6 line SAO - done on a piece of A4 paper just showing 6 transactions ALL from CapQuest - All interest. Every letter they send shows a different amount. All I really want advice is - should I reply to this letter or not, what happens if they do sent a real Statutory Demand?

fermi

wardie2437 wrote: »

ahhh - just a letter saying they might. The thing is I SAY its statue barred, they say it isn't - I paid my £1 and all they sent me was a poor photcopy of WCA and a 6 line SAO - done on a piece of A4 paper just showing 6 transactions ALL from CapQuest - All interest. Every letter they send shows a different amount. All I really want advice is - should I reply to this letter or not, what happens if they do sent a real Statutory Demand?

What reason do they give for saying it isn't?

Have you sent them a letter saying that it is statute barred?

wardie2437

yes I've sent a letter saying it is SB, but they claim it isn't - but the only statement of account they send is one that looks like its been typed on an A4 bit of paper - showing 6 transactions, all from CapQuest - no transactions from the credit card - adding their interest. They don't send anything to say when the last payment on the account was.

fermi

What reason do they give for saying it isn't?

Honestly, if you haven't made a payment or acknowledged the debt in the 6 years, then it doesn't matter what they might "say".

If they say it's not statute barred then they must prove it or bog off.

Companies like CrapQuest hope you will believe their twaddle and lies.

I would be inclined to send a reply like this one:

http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

and add in that they have failed to provide evidence that the debt is not statute barred.

If they are daft enough to issue a statutory demand, then you can get the court to set it aside and claim costs against CrapQuest for having to do so.

fermi

Just to add.....

Remember. If they were to try to take this to court without proof that the debt is not statute barred, then they will fall flat on their faces.

They can make threats all they like, but nothing they do or say can change that.