Capital one/DCA.. have heard nothing?

immoral_angeluk

A while back (November is I remember right..) DH had a letter from capital one about an old debt. They refused a payment plan and said that if he didn't pay the full amount it'd be passed on the a DCA so he said fine. They said it'd be passed on within a couple of weeks but we haven't heard anything from any DCA about it and was wondering how long it normally takes them to pass it on and for the DCA to contact you? Feels like we're in limbo not knowing what's going to happen. The debt will be 6 yrs old in March but I presuming because DH offered to pay something monthly (Which they refused.) that the 6 yrs starts again for the statatute barred thingy which is no problems apart from that we just want to hear something from a DCA so we can find out a settlement and organise a payment plan! How long does it normally take? Dh won't call capital one as they were complete gits the last time he called and he doesn't want anything else to do with them and just wants to deal with the DCA when they eventually get around to getting in contact!

immoral_angeluk

shameless bump :rolleyes:

CLAPTON

i would avoid writing to them until after 6 years has passed.

immoral_angeluk

So are you saying that even though DH offered a monthly payment over the phone the 6 years rule still applies?

CLAPTON

well, i would doubt if the conversation was recorded and even if it were i'ld be even more surprised if they could retrieve it.

as they aren't chasing you at the moment, it seems to me you have nothing to lose by simply waiting.

immoral_angeluk

Thanks! Will let dh know when he gets home!

davek1

it does start again but i agree with OP its unlikely they have recorded it so difficult for them to prove. sit tight until march thereafter any contact write saying that it's statute barred and you do not intend to pay. It then becomes unlawful for them to continue to contact you.

dave

fatbelly

An acknowledgement of a debt has to be in writing.

Phone conversations don't count.

If there's been no written acknowledgement or payment for six years - it's statute barred

Good - that gets my post count above 666 - it was beginning to spook me!