OH never acknowledged any debt

luvlyjubbly4u

Hi
Just after some advice too please!!! My OH had a debt with his old partner whilst he was abroad..now she may have paid something but my OH never acknowledged any debt. Now he is back in the UK they have begun chasing him(crapquest that is..said bought debt from Natwest)..but he sent the templated letter saying he denied etc and that should be statue barred but they have come back and said no as payment was made 2011......so can he argue that never having admitted any debt or been contacted for it that it shouldn't go any further or is he liable due to previous account being in joint names??
Could he send £1 for a CCA??

fermi

On a joint account, a payment by either person restarts the 6 years clock for BOTH.

So assuming that there was not already a 6 years period without payment or acknowledgement before 2011, then this would not be statute barred.

However, I would not trust Crapquest to tell the truth. If you are in doubt that this payment was made, demand that they provide proof that would stand up in court.

luvlyjubbly4u

Hi thanks for that...apparently there were 2 accounts but only 1 of those was in joint names...so I'm guessing she would have paid on the joint a/c so the other would be statue barred!
Have sent £1 for CCA to see what happens but found this on another thread...would this work??

first ignore every letter and phone call from theses people. first of all they don't have a contract with you , two , when they purchasedyour debt from capital one . your debt was cleared , bill of exchange actsection 43 states that when a debt is paid ,it is paid no matter who actuallypays it .
so capquest have paid your account for you , theproblem is that they should have got your permission they pay off your bill andget you to sign a contract will them , they didn't . so remember and thank themfor paying your debt . sounds crazy but true , they were chasing me for £2,000and even threatened me with lawyers and court , all bluff and they eventuallysent me a letter stating that they had closed my account and would not becontacting me any further . when you get a phone call from them ,tell them thatyou are dealing with it through mail and when they send you these letters justmark them NO CONTRACT and send them back using recorded mail. remember thereall talk . so be strong . good luck ( but you wont need any) and if yourworried about your credit rating you already loss it when you failed to capitalone

luvlyjubbly4u

so...has anyone other than this person i quoted above ever written NO CONTRACT on their letter and sent it back??

SusieT

No you cannot just say no contract! You need to write to them as above saying that you have paid nothing to this debt and tell them you want proof of money received, who from and when, not just a statement saying £x has been paid as that could have come from anywhere including them!

luvlyjubbly4u

Thanks...sent the £1 along with template letter asking for proof of CCA etc and OH got letter today saying that they have requested a copy agreement and statements from their clients and will be sent on once received. Also says find attached a notice of assignment...which is dated 2007 to his old address(he left there in 2005 and banks had new address in spain)so he never got it!!
Guess just have to wait and see if CCA does turn up!!..but thought companies couldn't pass them on?

luvlyjubbly4u

Got new letter from them!!! They say they are now in receipt of copy documents as requested but in accordance to data protection etc he has to contact them by phone to confirm his residence when the a/c was open and until he does this they cannot send the documents!!
NO WAY is he gonna call them but does this mean it's on hold till he does? Still fuming that they believe they informed him in 2007 at an address he left in 2005 and had passed on all new addresses before he left!
Any advice???

DevCoder

Why are you asking for a CCA? This isnt going to help you.

If you paid anything in the six years since default then this is counted as acknowledgment of the debt, even letters you send have to be worded carefully.

The debt won't be "on hold", you need to send the prove it letter which will show the assignment, if this is correct then you can SAR them (for £10) to see what they have one you. This would show if they received your OH's notice of change of address and didn't send the follow up letters to the correct address.

do not hide your head in the sand with this one, it sounds very much like it isn't statute barred and whilst you can play awkward with capquest you shouldnt just ignore them.

luvlyjubbly4u

Thanks for that..OH has managed to speak to his ex regarding this people and she says that she did pay some amounts but after struggling she downloaded a template asking for proof of CCA from this site and had her £1 returned saying they had passed it back to original debtors...so now am confused as if thats what they did for her why did they keep his £1??