Out of statute debt

hannahkaty

I just received a letter from Capquest regarding a Topshop card that I opened in 2004 (and frankly had forgotten it existed). The last payment that was made to it they say was in 2008 and the default appeared in 2009. They had two telephone numbers for me on the account that I do not recognise as well. I've disputed the debt because I believe this debt is now out of statute so they can't chase me for the debt (there's no CCJ against the debt). As soon as i said it was out of statute they basically said 'Ok, we will investigate and get back to you'

My question is, how likely is it that they will come back to me and say 'you still need to pay this', even though it's out of statute, and if they did do that, what would be my next course of action?

Thanks in advance.

ALIBOBSY

hannahkaty wrote: »

I just received a letter from Capquest regarding a Topshop card that I opened in 2004 (and frankly had forgotten it existed). The last payment that was made to it they say was in 2008 and the default appeared in 2009. They had two telephone numbers for me on the account that I do not recognise as well. I've disputed the debt because I believe this debt is now out of statute so they can't chase me for the debt (there's no CCJ against the debt). As soon as i said it was out of statute they basically said 'Ok, we will investigate and get back to you'

My question is, how likely is it that they will come back to me and say 'you still need to pay this', even though it's out of statute, and if they did do that, what would be my next course of action?

Thanks in advance.

Most debt collectors rely on people not understanding the law and just paying up after their first letter/call. This matter is now statute barred and once you tell them this all they can do is double check the last payment date and then stop all action. You can be reassured that the statute barred position is a full defence should they try to take court action. But once you raise the issue they should cease action and write to you to confirm this.

Did you tell them over the phone? As all the debt charities advise not to speak to them by phone. If they write or call you again I would put a statue barred letter together and send it off to them.

I would keep an eye on your credit files because on rare occasion debt collectors try to amend the default date so it "reappears" on the record, but they cannot do this.

TBH the most likely thing is they will either never contact you again or you will get a letter to say the matter is dropped.

Just sit tight and don't worry.

Ali x

DCFC79

hannahkaty wrote: »

I just received a letter from Capquest regarding a Topshop card that I opened in 2004 (and frankly had forgotten it existed). The last payment that was made to it they say was in 2008 and the default appeared in 2009. They had two telephone numbers for me on the account that I do not recognise as well. I've disputed the debt because I believe this debt is now out of statute so they can't chase me for the debt (there's no CCJ against the debt). As soon as i said it was out of statute they basically said 'Ok, we will investigate and get back to you'

My question is, how likely is it that they will come back to me and say 'you still need to pay this', even though it's out of statute, and if they did do that, what would be my next course of action?

Thanks in advance.

If your confident it was last acknowledged over 6 years ago then you don't pay. It sounds like they have bought the debt and are hoping you will roll over and pay.

hannahkaty

Cool! Thanks so much, i just wanted to double check. I did speak to them over the phone as when i opened the letter i was confused about what the debt was, as every debt i'm aware of I'm in the process of paying off so i can sort out my horrendous score, so i wanted to check what it was supposedly for and when the defaults etc were. When he told me the last payment date was 2008 and I said it was out of statute he seemed fairly shocked that I even knew about out of statute debt, so I'll just sit tight.

DCFC79

Good on you for that.

Just 1 only you get to see the score, everyone else gets to see the history.