Capital One chasing after ten years!!

Caryne

In 2009 Capital One tried chasing my husband for a debt that he didn't even remember from 2002. He asked, using a standard legal letter he got from here, for a copy of the original agreement (from Citi Financial) and, despite several letters from them saying they were still 'trying to trace it' it has never been sent to him. The last letter we got from them saying they still hadn't found it was in 2010 sent to our old address.

Today they have just written to us at our new address claiming (quite untruthfully) that they have 'just' taken over this account and requesting payment.

As they failed to provide a copy of the original agreement over three years ago, and the debt is now 10 years old (if it ever existed at all) then what legal right do they to try and get the money now?

I understood that if they can not provide the original agreement they cannot enforce the debt, indeed one of the many letters my husband received from them in 2009 said that the account was on 'hold' until they could find the documents.

Can anyone give me any advice on how to deal with this now?

fermi

Sounds as if the debt was statute barred in 2009.

See: https://forums.moneysavingexpert.com/discussion/2606811

If so, then it may just be simplest to send the letter in this post.

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

rather than messing around requesting credit agreements again.

Should it not turn out to be statute barred, then you can go back challenging the debt/agreement.