Statute Barred (I Think)

mallenmeuk

Good Morning All,

It's the first time I've posted anything like this so please excuse me if I'm posting to the wrong area on the forums.

A couple of days ago I received a letter from CapQuest Debt Recovery regarding an old Barclaycard debt which has been purchased by CapQuest Investments. The debt relates to a Credit Card which I took out in 2004.

Having checked my credit file it tells me that the date of default was February 2009 although I know that the account entered default a lot earlier than that as I hadn't made a payment in some 6 to 12 months previous to moving house in August of 2008. I suspect that the 2009 date shown may be when CapQuest actually purchased the debt from Barclaycard. There is NOT a CCJ showing on my credit file in relation to this account.

Can you tell me if, based on the timescale, this debt would now be classified as Statute Barred and how I could implement this as I have not made a payment or acknowledged the debt in writing please?

Thank you in advance for any assistance and guidance which you can offer me in regard to my inquiry.

With best regards,

Michael

fatbelly

I think the answer to your question is 'probably'.

If you have not acknowledged the debt by payment or in writing since March 2008, then (England/Wales) it would be statute barred.

So you need to check your records to see if you can nail down when that last payment date was. I wouldn't recommend engaging with them until you have found out that date (6-12 months before 8/08 is a bit vague).

For now, you can just sit smug knowing that if they tried court action you have a defence that should work.

OnlyAlan

mallenmeuk wrote: »

Good Morning All,

It's the first time I've posted anything like this so please excuse me if I'm posting to the wrong area on the forums.

A couple of days ago I received a letter from CapQuest Debt Recovery regarding an old Barclaycard debt which has been purchased by CapQuest Investments. The debt relates to a Credit Card which I took out in 2004.

Having checked my credit file it tells me that the date of default was February 2009 although I know that the account entered default a lot earlier than that as I hadn't made a payment in some 6 to 12 months previous to moving house in August of 2008. I suspect that the 2009 date shown may be when CapQuest actually purchased the debt from Barclaycard. There is NOT a CCJ showing on my credit file in relation to this account.

Can you tell me if, based on the timescale, this debt would now be classified as Statute Barred and how I could implement this as I have not made a payment or acknowledged the debt in writing please?

Thank you in advance for any assistance and guidance which you can offer me in regard to my inquiry.

With best regards,

Michael

I suggest you tread a bit carefully on this until you have the facts.

You can send a Subject Access Request (SAR) to the original lender and see what paperwork you get back. Making a SAR is NOT acknowledging the debt, it is just a request for information.

For the debt to be Statute Barred (SB) in England you must not have made payments or admitted the debt in writing for a period of six years since the first missed payment, so often six years and one month since the last payment was made. The default date is a separate matter as a default may have been recorded some time after the last payment date.

A flurry of letters/calls from a Debt Collection Agency is often a sign that the debt is close to being SB.

Remember, being SB (in England) does not mean the debt does not exist, it simply means that legal action cannot be taken to enforce it, so effectively, any payments you do make will be 'voluntary'.

mallenmeuk

Thank you very much for the advise Guys it's much appreciated.

Unfortunately I no longer have any paperwork relating to the original account as throughout 2008 I was suffering with major depression and anxiety due to an assortment of personal issues - Any paperwork I had was either destroyed at the time or lost in my FIVE subsequent house moves!

At the time of this Credit Card I also held a Barclay's Current Account and Loan both of which also defaulted; There is no reference at all on my credit file to those accounts which is how I know that the last card payment is well over 6 years ago. If I was to make a SAR Request to Barclaycard would they be able to even find anything without an account number do you think?

Tixy

I wouldn't send a SAR for a debt you believe to be statute barred.

On another point from your first post you don't have to 'do' anything to implement a debt being statute barred. Its a legal status and either is or it isn't.

I would ignore them for now and if they do try to commence court action then at that point would defend on the basis that you believe the debt to be statute barred.

If they continue to write but don't take court action then maybe in another few months you might want to send the usual statute barred letter (as it sounds that by then you would be more confident that the debt would definitely be statute barred - e.g by August from your first post).

mallenmeuk

Many thanks Tixy.

Yes I think that my plan for now, at least, is to sit tight and wait; As the "default" shows on my credit file as being applied February 09 then it will be 6 years from then in only 10 months time