Not sure what to do?

redpoison

I am in a but of a perdicument (sp)

I had a debt 7 years ago, heared from jb debt recovery on behalf of capquest (the debts with littlewoods) about 1 half mnths ago, i wrote them a letter offering £10 a mnth along with my financial statement, then few days later was advices on here its classed as statue barred so i printed out a letter and sent it of to them recorded!! in the meantime i recieved payment slips.. i just ignored them..

got home today from weekend away with my parents, and i have had a letter from jb on behalf of capquest saying to contact them within 7 days or they will start court proceedings, i know this is false and a scare tactit but i was mad as they have obviousley ignored my recorded delivery letter of this debt being statue barred,,, so i rings them up and was told they havent recieved this recorded letter, even though infrount of me on royal mail website signed for 2nd october even had the signiture of the person who signed for it.. they still insisted no they have not.. and went on to say that they had been in contact and i have been in contact with them.. and like i said yeah after 7 years its still classed as statue barred (debt line and cab adviced this) i got nasty and put the phone down..

what happens next? shall i just wait and see now or send them the same letter again recorded?

thanks

taxi73

I'd ring the cab and ask their advice asap as you acknowledged the debt first by offering £10 per month or have I missed something?...somebody else may come along with another opinion so it will do no harm to ask cab

joey23

Definately speak with CAB, as im aware if they have not tried to contact you regarding a debt within 6years the debt is no longer chaseable. Its up to them to prove they have made every effort to contact you within that time period.

redpoison

Cab said to me that no matter if i contact them now its still calssed as statue barred as its been over 7 years from first contact!!

joey23

Did they not give you any advice on what to do if they do still contact you inregards to the debt? I would advise them on the steps you have taken and that they are still chasing you.

Like i said, it is up to them to prove the steps have been taken to contact you within those years. If they cant prove that they dont have a leg to stand on, but see what CAB say you should do next.

redpoison

bumping :A

In_Search_Of_Me

and another bump...

GeorgeUK

I found this post by weller - i think it says it all

http://forums.moneysavingexpert.com/showpost.html?p=6535506&postcount=16

(again, recorded delivery - after 14 days)

redpoison

Do i just re word it for the statue barred?

thankyou

fermi

Was the letter you sent the one quoted at the end of this factsheet (or a variant)?

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Assuming that is the case then:

As far as I'm aware, once the debt is 'Statute Barred' nothing that you or they have done can unbar it.

Call National Debtline - Tel: 0800 808 4000 to clarify/confirm the above point if you need to.

CRAPquest are bullsh*tting by trying to make you think the letter wasn't received. They know exactly what it means and the consequences regarding the debt. Their only chance at getting you to pay up now is by engaging in more lies. :rolleyes:

The fact that you have sent the SB letter to CRAPquest (signed for by them) is ALL the defense you would possibly need if they tried to take further action (which they won't).

In fact the letter says:

Unless you can provide evidence of payment by myself/us* or written acknowledgment of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

And note the "in the relevant period" part of the above.

But as said, check with National Debtline as that will give you peace of mind that you are doing the right thing.

redpoison

yes thats the letter i sent them which says signed for and by who on the royal mail website....

i spoke to debtline and they told me that no matter what contact we have after 6 years it is to late to persue...

think i will just wait and see now.... i will post an update as soon as i get another letter from them ..... lol urghh