5 months left until 6 year cut-off, should I pay?

rollupyoursleeves

Tixy wrote: »

You say you have never acknowledged the debt? have you ever made any payment towards this account? what sort of account was the debt?

So it was a mobile phone bill, taken over by Capquest after I defaulted. (Basically I argued that I was told I could cancel after before 30 days was up, the mobile phone shop manager said otherwise, I have no proof remaining anywhere on file so I can't contest this). The date on my credit report of the default is 10 May 2009. I have, not since I walked out of the phone shop in early 09, been in touch with them or Capquest, at any point. Hence why I felt so confident about the 6 years thing.

Now obviously, the threat of a CCJ suddenly appearing this month or next and ruining my chance for a mortgage (BTW, I'm almost at 4.5k savings since my first post!!!! Living like a monk!!!)

If I call up this afternoon to pay, is there anything I need to be aware of in terms of the info I give away? For example they still think I live at my old address, it's not an issue for me to give them my new address if I'm going to pay is it? Also just wondering what type of confirmation I'll get if I pay over the phone versus paying online. Does anyone know?

happy_bunny_2

If you call them to change your address, that's not acknowledging the debt as it needs to be in writing I believe. although, it sounds like its statute barred already from teh dates you give.

Personally. I would send them a change of address letter by recorded delivery ASAP. That way, if they have started a claim at your old address, that may help.

These companies have been known to start court action a few days before statute barred, presuming they know the date that it would be.

Be careful with capquest, they have instructed solicitors to send letters to me twice stating that they have been instructed to start a court claim unless they get a reason not to. This is on pre-2007 accounts that I have a letter stating no CCA exists.

I think they hope they will get a default judgement (in your case at your old address, so you wont know) then track you down later to get payment.

stator

Do you know the people in your old house? Could you contact them and ask them to forward on your mail?

I would wait for the 6 years to elapse and then you can make an offer to fully settle the account in whatever amount you feel morally appropriate, but do your research before contacting them.

rollupyoursleeves

happy_bunny wrote: »

I think they hope they will get a default judgement (in your case at your old address, so you wont know) then track you down later to get payment.

That's what I'm worried about.

stator wrote: »

Do you know the people in your old house? Could you contact them and ask them to forward on your mail?

Unfortunately not, so I think this means I better bite the bullet to avoid the risk of a CCJ happening.

So in the next hour I'm going to pay. Anyone have any advice on the best way to do it? I'm scared of ringing them up and them saying I owe more than the original £180. And I'm also scared that after I've paid this bill they'll come after me looking for interest or something. Which is why I'm also thinking of doing it online through their portal, so at least I can take screenshots. Does anyone have experience with this?

Thanks so much everyone for all the advice, it's been a gut-wrenching day for me, despite the small value of the debt a CCJ represents a major block on the way to sorting myself out. Thanks for all your help.

If anyone does have an idea of how best to tackle the instant payment idea, via phone or portal please let me know.

I suppose one benefit of the phone route is I could find out if they'd already started the CCJ process (or got one) and could give them my new address so I'd have the letters to deal with it properly.

happy_bunny_2

Ring them. Change your address. Ask if court action started. Record the call.

Then, ask for an amount to settle in writing, including a breakdown of the balance. Only way to cover yourself here payment wise is in writing.

stator

I wouldn't phone them at all, you need it in writing.

d70cw6

id ignore it - ccjs arent as bad as people make out.

I found out i had one about 4 years after it was awarded to me (dispute with BT over being billed for no service at old address). It's never impacted me getting a mortgage, remortgaging with a new companyu or obtaining new bank current accounts or credit cards. 6 months to go til it goes over 6 years old anyhoo.

rollupyoursleeves

happy_bunny wrote: »

Ring them. Change your address. Ask if court action started. Record the call.

Then, ask for an amount to settle in writing, including a breakdown of the balance. Only way to cover yourself here payment wise is in writing.

So I rang them, changed my address, asked if court action had started -they said no. They said they'd put a freeze on any further action for 14 days, send out a letter today with a breakdown, and that I could respond to that with payment or if I'm unable to pay I can make an offer.

As I want to clear it in one go (and I've already handed over my current address) I'm going to actually login online later, see the charge, and pay it all off.

Feel a lot better knowing any challenge they're likely to mount will be directed to my new address where I can defend it, and also will be great to have (something) in writing.

Thanks so much everyone, will keep you all posted of the outcome!

MisterBaxter

Just a thought but 14 days takes you over the six years for statute barred, you haven't admitted that the debt is legitimate so the clock hasn't restarted and in a previous post you indicated that you felt the debt was as a result of a misrepresented sale in the first instance.

I'm not sure I would pay a debt that I didn't even agree was legitimate without a fight. It would be different if I knew for sure that I owed the money or had some serious doubts that I didn't.

Like I said, just a thought!

happy_bunny_2

d70cw6 wrote: »

id ignore it - ccjs arent as bad as people make out.

I found out i had one about 4 years after it was awarded to me (dispute with BT over being billed for no service at old address). It's never impacted me getting a mortgage, remortgaging with a new companyu or obtaining new bank current accounts or credit cards. 6 months to go til it goes over 6 years old anyhoo.

Many people have evidence to the contrary regarding CCJs.