6 year statue of limitations on personal loan

TJW0206

Hi looking for advice please

Husband took out personal loan in 2006, last payment on it and contact from bank in 2008.No CCJ on his credit report.
We married in 2020, all assets including mortgage in my name. We have no joint accounts and all bills apart from water and CTX are in my name, those are in both our names.
Out of the blue he has received a letter from Capquest saying the debt has been passed to them.

As far as I am aware they can't recover this more than 6 years after last contact - is that right? We tried ringing the National Debtline but they seemed more interested in upselling their services than answering the question. 

I've seen the 'time has run out' letter on their website. Should we send this or ignore the letter? Would sending the letter be classed as starting the clock? 

My husband does not claim benefits or work ( not going into details but it's fine) can they come after me for the debt as we are married?

Thanks for your help

fatbelly

Yes. Send the letter. We have one too, in the stickies.

Statute barred in 2014 unless they started a court claim before then. And even so, they would be out of time to enforce it.

jlfrs01

So yes, as it is more than 6 years since the last payment was sent your husband has no further liability towards this debt. That doesn't mean to say he no longer owes this money, rather that it cannot be recovered. He won't have any CCJ on record because it never went to Court and the time for that has truly come and gone so Capquest will be unable to legally pursue him. It matters not you're both married - if the debt was in his name, it was his responsibility and his alone.
Capquest have no doubt "bought" a load of debts of which your husband's is one and I expect he has been sent a standard letter informing him (I expect all the other debtors on their list have too). This may be followed up by more letters threatening all sorts of nonsense designed to pressure him into paying up or making a new financial arrangement in full or partial settlement. They may even call him.

Your choices are A: completely ignore the letters and if they call, do not engage, hang up and block the number or B: send the template - be sure not to include any details other than their reference.

If they persist and you feel like you want to act then send another letter (never an email and definitely do not call them), referencing your previous letter of Xdate and state that you do not want them to contact you and any future correspendence will be marked "return to sender" to be mailed back to them at their cost.

They will try to intimindate to provoke him but they have no longer any right to do so - bear that in mind.