Over 10 years ago I had a student credit card with HSBC. Being young and foolish I spent over the limit and stuck my head in the sand. However I have had no communication from them since then regarding this until 3 months ago when I got a letter from Capquest demanding payment. I called them as requested due to the threatening nature of the letter. I was advised by their agent that I needed to make an agreement with them regarding payments and that if I disputed any aspect of the debt for any reason I could sort it out once the agreement was in place and payments had been made. I stupidly agreed to this mainly due to the aggressive and threatening nature of their agent. I have made one payment but really feel this is unfair due to the age of the debt. Is there any way I can get rid of this? I have defaulted on this month's payment and have been getting constant phone calls and letters. The calls always come when I am at work so I haven't discussed this with them. I would be grateful for any advice you can offer. Thanks
Capquest demanding payment of a debt over 10 years old
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Tags: agreement, capquest, credit, debt, debts, find, harrassment, hsbc, legalbeagles, statute, statute barred, stuck, tomorrow
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Re: Capquest demanding payment of a debt over 10 years old
Firstly if Capquest are harrassing you please read and send them a letter of harrassment http://www.legalbeagles.info/forums/...play.php?f=241 with this link you should be able to find a suitable letter to send them.
All debts over 6 years they cannot claim for as they are statute barred unless you have had any contact with HSBC or their agents within the 6 year period.
Also, you should be aware that Capquest may not hold title to that debt as it may not have been properly assigned and therefore when you write your harrassment letter ask for the return of the payment which you made as the debt is statute barred and they had no right to chase you for a debt which is out of time.
From now on keep everything in writing, do not sign your usual signature to any letters, just block write. Do not get involved with them on the phone.
I hope this helps
Tuttsi
Originally posted by Titania1980 View PostOver 10 years ago I had a student credit card with HSBC. Being young and foolish I spent over the limit and stuck my head in the sand. However I have had no communication from them since then regarding this until 3 months ago when I got a letter from Capquest demanding payment. I called them as requested due to the threatening nature of the letter. I was advised by their agent that I needed to make an agreement with them regarding payments and that if I disputed any aspect of the debt for any reason I could sort it out once the agreement was in place and payments had been made. I stupidly agreed to this mainly due to the aggressive and threatening nature of their agent. I have made one payment but really feel this is unfair due to the age of the debt. Is there any way I can get rid of this? I have defaulted on this month's payment and have been getting constant phone calls and letters. The calls always come when I am at work so I haven't discussed this with them. I would be grateful for any advice you can offer. Thanks
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