Old debt - RBS overdraft - Assigned to Capquest

[jcqui121163]

Hi All

An old debt OI had with an ex partner has come back to bite me. It was defaulted 5 years and I forgot all about it. I have received letters from both RBS and capquest telling me it has now been assigned to Capquest and any payments should go to them. The debt has risen by about 2.5k to 5.5k and I am sure it has lots of charges on it. I am not in a position to pay it all can could really do without a ccj which they have not got to date. The phone calls have started in earnest and I have no idea what to do.

As it's an overdraft a CCA isn't applicable (is it?) and what's the point of a SAR as I can't claim back the charges any more. A prove it letter will only slow them up. What do I do?

[Guest]

Re: Old debt - RBS overdraft - Assigned to Capquest

How long ago was it since you made the last payment. If you are in England the account will become statute barred six years after the account was acknowledged, either in writing or by a payment being made(5 years in Scotland}.
It may be that this is why the DCA is pressing for you to contact them , if you can stick it out, it may be an option.
D

[jcqui121163]

Re: Old debt - RBS overdraft - Assigned to Capquest

Hi

No, I am about 2 years off SB so it isn't an option.

[feonten]

Re: Old debt - RBS overdraft - Assigned to Capquest

Hi, in what capacity was the ex partner involved? Was it a joint account etc?

[jcqui121163]

Re: Old debt - RBS overdraft - Assigned to Capquest

Yes, it was a joint current account and ex has moved to Ireland (i think!). He is not going to be involved in any repayments.

[Captain Haddock]

Re: Old debt - RBS overdraft - Assigned to Capquest

Well, first of all you need to get control of the situation. Capquest, like any other bottom-feeding DCA, will bombard you with letters, as will probably RBS. It is a shame they have your home number but what you need to do is to tell them that you insist all correspondence is conducted via letter and they they should stop calling you. If they keep calling, just log the time of the call and out the phone down. You can then report them to your local trading standards office for harrassment; you are also within your rights to reports them to the police for same.

Ask for all the info on the account that they have and explain your predicament. Also, no matter that he is absent, your ex has a responsibility with regard to this debt and you should try and find out where he has gone; you should also thrash this out with Capquest. You need to get the interest on this halted, somehow. Also, when was the last payment to this OD? And why do you say you are still 2 years away from SB on it?

[jcqui121163]

Re: Old debt - RBS overdraft - Assigned to Capquest

I need help with getting control of it though. If I ring capquest I won't get anywhere. I don't think they will be interested in my situation, they will want payment. There is no hope with my ex, presuming they can find him, he is in another country and believe me he has no interest in 'doing the right thing'. He never has and won't start now.

If I SAR RBS and the charges are in the 000's have I any hope of getting them off the overall debt. It won't be SB for another 2 years because a failed IVA of my ex's paid out a divident about 4 years ago to the tune of about £150.

[feonten]

Re: Old debt - RBS overdraft - Assigned to Capquest

Blame poor old Paddy. He had the money and broke my heart by running back to Mary. I bet he did. Anyway don't let it give you grey hairs. When they phone just say -don't phone here again. They probably won't. If they do follow Captain Haddock's advice and call the cops. Explain that Paddy has decamped and a debt collection company are driving you crazy. It's only two years. Put the letters in a box and wait for the Court date. It won't come. If it does go to Court just explain that nasty old Paddy ran off with the loot. He used the joint account as his own. But, it won't come to that. Don't answer anyone. Don't debate the pros and cons. You have done so for 4 years it seems so carry on for another 2. I didn't realise I was so devious. I have an RBS account too. I'll be hung for treason. Sorry about Paddy. He may come back. No joint accounts this time.