Statute barred

Dpmac21172

Thanks GeorgeUK ,

So should I just ignore the letter ?

I have just seperated from my fiancee and have moved out of the address the letter has gone to anyway now ....

So .... just to be clear ... there is no way they can enforce this debt as long as I have not made payment or acknowledged the debt within the last six years ? (its actually been ten !!!)

Sorry to repeat myself just getting a bit concerned as I was thinking I would have to go bankrupt if they could enforce it (which ironically would mean they get sweet FA anyway !!!!)


Thanks,

Darren

fermi

Dpmac21172 wrote: »

So .... just to be clear ... there is no way they can enforce this debt as long as I have not made payment or acknowledged the debt within the last six years ? (its actually been ten !!!)

If they were daft enough to go to court, then you would simply defend the claim based on the fact it is statute barred.

The onus would be on them to provide proof it isn't. If they can't, then their claim would fail.

Very much doubt they would be stupid enough to try, although they might make empty threats.

pootlemum99

Hi again guys, sorry to bug you all again but 2 worrying letters were delivered this morning and I need more advice!!!!!

I sent off the 'I don't acknowledge any debt owed to your company' letter by recorded delivery on Monday.

I have now received the following two letters on the same day. The first letter was from CapQuest, stating that they have purchased the debt from Abbey and states '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.'

CapQuest are offering us to settle this 'debt' by half the amount but we only have 10 days!! My hubby and I would rather not give them a penny as money is tight at the moment, and they sound very dodgy!!

The second letter appears to be from Abbey. I say 'appears' as they both arrived together, and were inside 2 identical UKMail envelopes with similar code numbers printed on the front, which made me think that they were posted together, at the same time! The letter was on Abbey headed paper but felt flimsy. The letter stated that the debt has recently been sold '(by way of assignment) to CapQuest Investments Limited who has appointed one of their group of companies, CapQuest Debt Recovery Limited to manage your account on their behalf.'
The letter also said that 'Abbey' would shortly be sending a statement of the account to us.

Hubby has been racking his brains over this, and is convinced that all of this is from an old unsettled debt from around 20 years ago. Surely that makes it Statute Barred?? Are CapQuest trying to trick us into paying by sending us bogus Abbey headed letters so it makes it look like Abbey has been in recent contact about the debt, so preventing it from being Statute Barred??? Should we go into our local Abbey branch and ask them about this??? Is there any way we can prove that the debt is Statute Barred????
Any help would be greatly appreciated!!!!!!

Many thanks,

Jane

fermi

Hi pootlemum.

Just send whoever is now asking for the money the "statute barred" letter here:

http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

What matters is acknowledgement by YOU, not letters from Abbey etc. They can write all the letters they like, but it won't stop the debt being statute barred.

Hope that sets your mind at rest.

GeorgeUK

I agree - if it is the debt that your husband thinks it is, they they are right in that it does legally exist, but it is not enforcable - they can ask you to pay, but they can't make you pay it. If you inform them that you will not be paying as the debt is statute barred then they cannot ask again.

pootlemum99

Thank you so much for your quick replies and invaluable help Fermi and George UK!

Hubby was about to write out a cheque, but I stopped him, and We are going to fight these CrapQuest shysters all the way!!

This website is amazing, I am so grateful I came accross it!!!

Many, many thanks again,

Jane :-)

Dpmac21172

I have now received the HL Legal letter at my old address (the ex is still living there) stating they will be sending somebody round to check the details they have.

She is more than happy to tell them i no longer live there and she does not have a forwarding address for me.

Should I keep ignoring them ?

As stated before the debt is covered under the statute barred defence and they have not actually confirmed amounts owed or who the debt is owed to yet , they are just trying to get a confirmation of me living there .

I was thinking i would just ignore as they have not got my new address and see if it takes them another ten years to track me down again ?

If they do find me at my new address but have not confirmed that they are chasing a ten year old Abbey debt do I have to wait until they do before sending the statute barred letter ?

Sorry for keep asking but its all very new to me !!!!

Thanks,

Darren.

GeorgeUK

I would wait until they actually ask you for payment - then tell them the debt is statute barred. The debt wasn't secured against a property was it? If not then you just need to wait and see if they ever get around to pestering you.

Dpmac21172

Thanks GeorgeUK

Basically Abbey gave me a £800 overdraft when I was in my mid twenties but then kept letting me write cheques out and they kept paying them when they were presented, the debt got to over £3000 the last time I opened any post from them !!!!

That was about eleven years and six addresses ago ....

I'll keep ignoring then .... :rotfl::rotfl::rotfl:

Dpmac21172

Well .... the lettet stating that they are after the Abbey debt has arrived and they are prepared to offer me a 50% discount !!!!

Lucky Me ....

Oh wait .... hang on ... they cant actually collect any of the debt ..... Its Statute Barred !!!

Letter going off to them recorded today ....

Thanks for all your help with this , will let you know what they come back with .


Cheers,

Darren.