Capital One is crippling me

stuckonthephonewithidiots

Hi,
Need help please....

In 1995 i got a credit card with a limit of £200. I was at uni so needed it then. I thought i had paid it off however now i get a letter saying i owe £232 ??? I was charged a late fee every month because my wages went inot my bank after the credit card payment was due. I looked back and have found that i have paid capital one £1240 on an original £200 limit ??
Is there anything i can do ??

jimbo26

I can not understand how this has happened. Do you not read any mail sent to you? Didn't it seem odd that you were still paying Capital One each month even though the balance was cleared?

stuckonthephonewithidiots

yes i read my mail....i finished paying them monthly direct debit and was told the balance was clear. This was in 2001. They are billing me this money because of late charges they say i owe them still.....

jimbo26

Sorry I think I must have miss understood your post. You say you owe £232, but later say you have paid Capital One £1240. How was this paid?

stuckonthephonewithidiots

while i was at uni i made minimum payments..when i left and worked ft i paid off the credit card in full...the total i paid on this was £1240. I didnt hear anything else from them...until i received this letter (7 years later) saying i still owe them £232 for unpaid charges. They are now threatening legal action if i do not pay. I explained to them that it was paid in full back in 2001. They agreed but said that the outstanding amount is for their charges.

jimbo26

If this is the first you have heard from them in 7 years then they can not pursue the debt, it is statute barred.

"A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970"

courtesy of http://www.debtquestions.co.uk/legal_yourrights.php#barred

stuckonthephonewithidiots

thank you so much for your help