Cap Quest/Royal Bank of Scotland

andiR1

Hi,
Wondering if I have done the right thing!!!!
OH recieved a letter from Cap Quest 4 weeks ago saying that he owed the Royal Bank of Scotland £374.86. Knowing this not to be true, as the account was only £21.42 o/d on 29/8/00, we sent back the standard letter that is outlined on here, about them having to prove the debt belongs to my OH. We have today received statements from them, and everything from 29/8/00 has been charges and interest!!! So I called the Royal Bank of Scotland and told them that this debt does not exist, and the guy I spoke to even admitted that this was a bit far fetched, and told me to ring Cap Quest and offer them £75, to which I did!!! Even though after I had made this offer and they had refused it, they then refused to speak to me as I don't have authority so speak on OH's behalf!!
A member of staff at the Royal Bank of Scotlands' Credit Management Services claims that my OH spoke to them on 17th December 2001 and they asked him to pay £75 there and then in full and final settlement and my OH declined. OH says that if he had spoke to them at all and if they actually had made that offer he would've paid it there and then, just to close the matter.
SO my question is, can we actually send off the Statute Barred letter, or have we done the wrong thing by asking them for the details of the debt?
Oh, and also forgot to add that we have just had a credit report from CreditExpert and this debt was logged under his account information as defaulted on 6.9.03!! So there is already a 'black mark' against his credit file for this debt!!
Thanks in advance for any advice - This is driving me mad!!!!!!!!
I think I may have posted this in the wrong section

battyboimatt

If the debt was defualted in 2003 then it isn't state barred, it only becomes state barred after six years from default, although the last time he may of used the overdraft was 2000 that it takes months to go into arrears and then more time to go to default etc, but three years seems a little long, are you sure it was 2000 the last time he used it or anything, But I would say you need to offer a full and final settlement to them, or try and arrange a payment plan or you could always try and claim back the unfair charges from the bank which would wipe most of the debt out, you can check about claiming these back in the other threads. Just because h

andiR1

Hi,
There wasn't an overdraft facility on the account. It was a basic current account, and OH requested its' closure in May 2000, but they refused on the grounds that it was a joint account with his ex wife (They have not approached her for payment) And due to the fact that they would not close the account, he refused to pay the £21.42, and they opened him a new account, which he used for approx 6 months, then closed that too, as he transferred to the same bank I use.
As for setting up a payment plan, that is not an option as the debt was only £21.42, and as explained I have offered them £75, and they have refused, so why should we pay them any more?

battyboimatt

How did the account go overdrawn, I once had a baisc bank account and it wouldnt let me, the only time they can is if its an unpaid direct debit etc, but as you say if you dont want to pay then dont, the damage on the credit file is already done, just avoid them to 2009 and you should be ok, out of curiousty what do the charges show up as on the statements, also if they say its for a overdraft, then ask for a copy of the credit agreement as they have to legally provide you one if you supply them with £1 and a request, as when you apply for an over draft you ahve to sign or agree to it, so that could be worth exploring as well, if they cant supply you with that then the debt is uneforcable anyway. Hope this helps,

fermi

battyboimatt wrote: »

If the debt was defualted in 2003 then it isn't state barred, it only becomes state barred after six years from default

No. The 6 year limitation period starts from when you last acknowledge the debt to the creditor in writing or by making a payment. When the lender chooses to default the account is irrelevant for these purposes.

andiR1

Hi,
I have on the advice from another thread sent CQ a letter explaining that this debt is now statute barred, I will update you as soon as they reply. Thanks for both your advice.
#4 - The charges say just 'charges' and they are for multiples of £10, £15, £20 & £30 then there is one that is £40 that says Default Notice Fee!!??
Default on what I have no idea, as no agreement was in place.

andiR1

Hi,
Just a little update, we have received a letter this morning from CQ saying they have put this matter on hold for 28 days and they are asking the RBS for proof, and will be back in touch in due course.
Will post reply when I get it.

andiR1

Hi everyone,
Have had a letter off CQ this morning, and they have provided OH with a copy of his account opening application form???!!!
This is dated January 1994, adn it says on the covering letter that the account was opened on 29/10/1992 and closed on 17/08/2006.
As explained earlier this account has not been touched or dealt with in any way shape or form by my OH because he opened his new account in Mid 2000.
They are also now saying that they have placed the account on hold until 24 Mar 08, and if they don't receive contact from him by then they will pass the account to their collections department for further action.
Any advice on where to go from here, because as far as I can see they are still not providing details to prove that this account is not statute barred.