capquest and RBS - assigned debt

jacqui3511

An old debt OI had with an ex partner has come back to bite me. It was defaulted 5 years and I forgot all about it. I have received letters from both RBS and capquest telling me it has now been assigned to Capquest and any payments should go to them. The debt has risen by about 2.5k to 5.5k and I am sure it has lots of charges on it. I am not in a position to pay it all can could really do without a ccj which they have not got to date. The phone calls have started in earnest and I have no idea what to do.

As it's an overdraft a CCA isn't applicable (is it?) and what's the point of a SAR as I can't claim back the charges any more. A prove it letter will only slow them up. I have posted on another forum where the consenus seems to be to ignore them. I am afraid of ending up with a ccj which I cannot pay for 5k if I do that. Surely if Capquest have bought this debt they will do everything to collect it including ccj.

What do I do?

jacqui3511

Please everybody surely someone can advise. I'm at my wits end.

happy_bunny_2

When was the last payment made or the debt acknowledged in writing? After 6 years of no payment or acknowledgement you can tell them to go away unless they get a CCJ by the 6 year point.

Can you afford to pay anything?

CCA is not relevant to overdrafts.

Charges seem unreasonable to me but not sure what you could do about them.

Gordon_Hose

With overdrafts the 6 year point usually starts when the bank recalls it.