Hello - advice greatly appreciated

sabian

Hello all, first time poster, long time lurker!

I'm wondering if someone might be able to help.

I arrived home from work yesterday to find a letter from Capquest demanding payment of an over due account using vocabularly like "Repeated attempts" and "advising client to take further action".

However, this is the first letter I have received in a LOONNG time demanding payment on a credit card I took out 10 years ago, defaulted on, made token payments for 9 years ago, and subsequently does not appear on my credit report any more to the point where I have an outstanding credit rating and no red marks against my name at all.

I've read through some of the posts in here regarding several different types of letters I can send and the "Statute Barred" letter seems most apt - however this line is giving me pause:

I/We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

What is the relevant limitation period? Does this letter of demand constitute communication? I have not spoken to anyone regarding this account in well over 9 years and as I said, it no longer appears on my credit report.

So, in short, is this the correct letter to send or is there another more apt letter that you could recommend?

Thank you for your help in advance!

fermi

If you have made token payments for 9 of the 10 years, then it won't be statute barred.

Payments also restart the 6 years clock every time you make one.

mrsb83_2

The relevant limitation period is 6 years.

When did you last make a payment?

sabian

No, sorry - I should have been a bit clearer - I haven't made a payment in over 9 years - I started off with the token early on in the agreement, it went to the stage where the token payments started, then I lost my job and those stopped as well.

So to clarify, I have not made a payment in over 8-9 years, the account defaulted, and now has cleared my credit report.

Sorry again, not a very good start to my first posting career on MSE, huh?

mrsb83_2

Got there in the end!

In that case, you can send the statute barred letter in full and they should back off. The demand sent 9 years later doesn't mean you've heard from the creditor for the purposes of that guidance.

Hope that helps.

fermi

Then it sounds well and truly statute barred

Please see the links, info and letters to send in the following link.

Click --> https://forums.moneysavingexpert.com/discussion/2606811

sabian

thank you for all your help!

Letter sent special delivery, will let you know the outcome!

sabian

Just to update...

Came home from work to a letter waiting for me..

"Upon investigating the issues raised I can confirm that your account is now deemed to be statute barred, and is therefore protected under the Limitations Act 1980... Please accept this letter as confirmation that your account has been closed"

Thank you MSE's!!!!