Statute barred

rog2

pootlemum99 wrote: »

'We appreciate that you will have been contacted by Abbey and by one of their appointed agents. However the debt legally exists and is now payable to CapQuest Investments Limited.'

People like CRAPQUEST are just 'playing the odds', jane. :mad: :mad: They probably 'purchased' the debt for a few pence in the pound, knowing that it was legally unenforceable, but relatively safe in the knowledge that you, along with 99.9% of the population of the UK, would be unaware of this fact and would simply pay up to get them off of your back.

They are correct in that 'legally' debts continue to exist ad infinitum - providing, of course, that the original debt was, itself, a genuine debt - but, whilst the debt may still legally exist, it will be, after this period, legally unenforceable.

In order to make it 'enforceable' CRAPQUEST would need to prove, beyond doubt, that no 'Limitation Period' had elapsed, wherein you had either made a payment towards this 'debt', or acknowledged it in writing. Given that the 'debt' is over 20 years old, then that would be extremely difficult for them to prove. Even if you had made a payment during this time it is more than likely that any such payment, or written acknowledgement, would have been outside of the 'Limitation Period' anyway, and would not, therefore, render the debt 'enforceable'.
If CQ, or Abbey, continue to harass you for payment after you have informed them that you will not be making any payments as the debt is Statute Barred, then you must report them to the Office of Fair Trading.

Dpmac21172

I posted the statute barred letter off nearly a month ago and have still not heard anything ....

Not even a letter confirming that the matter is at an end ?

No news is good news I suppose ......

rog2

Dpmac21172 wrote: »

No news is good news I suppose ......

In this case, yes. Especially if you have proof that they received the letter.

granty1_2

council tax and Statute Barred


ive just recived a letter from a balif sayin i owed an old 2002 council tax bill and they will be cming to collect goods or arange a payment plan its for £400

like i say its a old bill from back in 2002 trouble is i was paying this at a set rate last year and for sme reason stopped paying this..will it lie under Statute Barred or because i have been making payments do i loose that rite..

never-in-doubt

If its from 2002 then it became statute barred in 2008 so long as you started paying after the limitation period (i.e. in 2008 - 6 years after you last made a payment) then you'll be ok (reverse it and claim they forced you with threats, into repayments).......

But either way, there should be no trace of this on your credit file - it should have totally vanished?

fermi

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

Council Tax

The council should not go to the magistrates' court and ask for a liability order for Council Tax more than six years after the Council Tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992.

Council Tax appears to be 'due' when the council sent a demand notice to you which may not be at the same time the Council Tax rate was set. It is important that you check when the demand was sent as this affects when the six year limitation period begins. You can also complain to the Local Government Ombudsman if the demand was not sent out 'as soon as practicable' after the rate was set.

If bailiffs are involved, when was the order obtained?

ecamp100

Hi all,
I'm new to the forum and like most people who visit I'm looking for some advice!

I received a letter from CapQuest last week stating that they had purchased a debt that I had with Egg back in 2003. They want payment or are threatening court action.

My response was to send a recorded delivery letter back to them stating that the debt was Statute Barred. I hoped that would be the end of it but today I've received 2 letters from them. The first was stating that, according to their records, a payment had been made on March 30th 2004. The other was requesting to know my financial incomings/outgoings so as to agree a payment plan.

They have not provided me with any evidence of this 'payment' and as far as I can remember I last made a payment in mid 2003. I've written a letter to post asking for full details of it. I moved to Spain in 2003 and have only returned to the UK in September, hence why I'm now getting these damned letters!

I've also written to my ex-bank from 2003 requesting all information that they have on the account that I had at the time. I want to double check that no payment was made to Egg on the date that CapQuest say.

I lived in Scotland when I originally took the credit card from Egg, would that make the credit agreement governed by Scottish or English law? Obviously if it was Scottish law then the payment date CapQuest say about would be immaterial as 5 years have passed.
If it is in fact governed by English law how long would it take for CapQuest to take me to court as come March 30th 2010 the debt will be Statute Barred anyway? Thats only 4 months away.

Sorry if I'm confusing anybody. Any advice?

Thanks,
Euan

GeorgeUK

Hi Euan, you should really start your own thread for queries, but since you're here...

I looked at the T&C of my Egg card and it states:

THE LAW APPLICABLE TO THIS CONTRACT

You and We are free to choose the law applicable to this contract. In the absence of an agreement to the contrary the law of England and Wales will apply. If You reside in Scotland or Northern Ireland the law applicable to that appropriate country will apply.

So it looks like you may need to check that this was the same when you took out your card - if Egg won't provide the details, you should be able to get everything with a subject access request (SAR - cost £10). Looks like Capquest don't know what they're talking about so they shouldn't be contacting you again. If they do, inform them that the debt is governed by Scots law and is statute barred after 5 years - if they contact you again, report them.

DarkConvict

BlueBelle72, see - http://forums.moneysavingexpert.com/showthread.html?t=2180585

theorangenut

Hi I'm new to this so any help will be gratefully received. I rec a letter from a debt rec agency today asking me to contact them regarding a personal matter. I then called them and was told it was in relation to an outstanding debt from 1995 of £605. Apparently no one has been able to contact me even tho I've been on the electrol reg since then. The address they had is correct for 1995 but I moved to my current add in 1997. I was told by he company that they were unable to trace me. What I need to know is can they still claim this money after 14 years. They say their records are limited and cannot give me any information on what this relates to. Can anyone advise if this would be classed as statute barred as no contact has been made to me until today. I have made no payment and have not contacted anyone. They are going to call me tomorrow to confirm a reduced payment even though I advised I wasnt going to be paying anything.
Thanks