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Debt not paid by "trusted" party

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  • Debt not paid by "trusted" party

    Hi guys, my wife got a loan from Abbey around 8 years ago for £8000 this was a joint loan with her then room mate and friend.

    As the room mate was the good one with money at the time the payments were left to her by my wife, who sent her half of the payment which was £100.

    About 6 years ago my wife no longer spoke to her "friend", but had come to an arrangement with the mother of the ex-friend as the mother could be trusted, the £100 was placed in the mothers account each month, for the first 2 years this was over the counter at barclays bank.

    For the last 4 years these payments have been made by SO from my wifes account to the mothers account.

    And now for the problem, it turns out the mother who was trustworthy and the ex-friend who was good with money aint, about 4 months ago there was a open postcard from a DCA from Resolvecall sent on behalf of a company called CapQuest.

    This postcard told my wife to call urgently regarding her account, when my wife called she was informed that the outstanding balance now stands at £20794.80.

    I got home from work to find my wife in tears, this company said that there has been no payments made at all since the account was opened and that my wife will need to pay this all.

    We decided that this didn't seem correct and was going to appeal this decision, my sent a letter of authority to CapQuest for me to speak on her behalf as she gets emotional when she talks to them.

    A letter of dispute was sent to them which placed the account on hold for 30 days.

    We had originally called in the police who rightfully informed us that this was a civil dispute, we requested the bank statements for my wife's account to show the SO each month going to here the mothers account.

    CapQuest also said that they have been trying to get hold of my wife for years, of which we do not understand as we are both on the electoral roll, both on the tenants agreement for are home, my wife has a HP car in her name, and also a littlewoods account and a credit card, it should not have taken long for them to get hold of her.

    Also surely a default of this size would have affected her credit fill which this was not the case as the listed items above would show, and also we had checked her file with experian a few months before the postcard arrived and she was listed with an excellent score.

    Is there any advice you guys and gals could give in regards to fighting this issue.

    I feel that the postcard is in breach of at least one law? and also surely the £20k is a bit steep?

    Also what can be done about her ex-friend basically pocketing the money? also there was possible rumours that my wife had heard that her ex-friend was now bankrupt due to fines she had been given from benefits fraud.

    Many thanks in advance.
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  • #2
    Re: Debt not paid by "trusted" party

    We had originally called in the police who rightfully informed us that this was a civil dispute, we requested the bank statements for my wife's account to show the SO each month going to here the mothers account.


    ​I disagree. This is fraud and you can prove it.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    • #3
      Re: Debt not paid by "trusted" party

      Thats was the reason i had called them in as i seen this as fraud, but the female officer that visited my address had said it is a civil matter?

      Comment


      • #4
        Re: Debt not paid by "trusted" party

        LOL Ask Bluebottle!
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

        Comment


        • #5
          Re: Debt not paid by "trusted" party

          Hi

          If the loan was taken out 8 years ago and no payments had been made, wouldn't this have been statute barred for some time ? Presumably it would have been defaulted after three months.

          D

          Comment


          • #6
            Re: Debt not paid by "trusted" party

            Davyb
            Sorry to point this out but
            For the last 4 years these payments have been made by SO from my wifes account to the mothers account.

            And now for the problem, it turns out the mother who was trustworthy and the ex-friend who was good with money aint, about 4 months ago there was a open postcard from a DCA from Resolvecall sent on behalf of a company called CapQuest
            Is this to say payments were made over 4 years ago ?
            If so its not statute barred

            Comment


            • #7
              Re: Debt not paid by "trusted" party

              the payments were made to the mothers account but where never paid to the company.

              They have said they have received no payments at all.

              I thought there was a loop hole in statute barred where by companies sell the debt which then restarts the time frame?

              I have requested the a copy of the original loan agreement and also a breakdown of all payments if any and charges.

              What is the time frame for
              statute barred in regards to no payment?

              Comment


              • #8
                Re: Debt not paid by "trusted" party

                In England, the limit for statute-barring of a debt, it is 6 years; in Scotland, it is 5 years. In the case of the "friend" seemingly pocketing payments, fraud only applies to payments after the Fraud Act 2006 came into force.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Debt not paid by "trusted" party

                  Originally posted by Skelly1983 View Post
                  the payments were made to the mothers account but where never paid to the company.

                  They have said they have received no payments at all.

                  I thought there was a loop hole in statute barred where by companies sell the debt which then restarts the time frame?

                  I have requested the a copy of the original loan agreement and also a breakdown of all payments if any and charges.

                  What is the time frame for
                  statute barred in regards to no payment?
                  No there is no loophole, if there has been no contact, payment or formal acknowledgement in writing for six years(5 in Scotland) since the cause for action, in this case the default, then it is statute barred.

                  This cannot be reset after the six years period.

                  If you believe it is stat barred it is up to them to prove it isn't, so if I were you I would claim it is anyway and put them to proof.

                  D

                  Comment


                  • #10
                    Re: Debt not paid by "trusted" party

                    Originally posted by wales01man View Post
                    Davyb
                    Sorry to point this out but
                    For the last 4 years these payments have been made by SO from my wifes account to the mothers account.

                    And now for the problem, it turns out the mother who was trustworthy and the ex-friend who was good with money aint, about 4 months ago there was a open postcard from a DCA from Resolvecall sent on behalf of a company called CapQuest
                    Is this to say payments were made over 4 years ago ?
                    If so its not statute barred
                    Don't be sorry

                    D

                    Comment


                    • #11
                      Re: Debt not paid by "trusted" party

                      Originally posted by bluebottle View Post
                      In England, the limit for statute-barring of a debt, it is 6 years; in Scotland, it is 5 years. In the case of the "friend" seemingly pocketing payments, fraud only applies to payments after the Fraud Act 2006 came into force.
                      BB, just a thought what about theft (1968) "the intention of permanently depriving the other of it". Money is property.....

                      Comment


                      • #12
                        Re: Debt not paid by "trusted" party

                        Thanks for all the help.

                        The money was pocketed around Nov 2006 onwards.

                        Comment


                        • #13
                          Re: Debt not paid by "trusted" party

                          Originally posted by Meagainindisguise View Post
                          BB, just a thought what about theft (1968) "the intention of permanently depriving the other of it". Money is property.....
                          The circumstances do not fit the required points to prove for Theft, but please see my next post.
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment


                          • #14
                            Re: Debt not paid by "trusted" party

                            They have said to my wife that this had not been paid since nov 2006.

                            I will be getting intouch with the police as this is after the fraud 2006 act.

                            Comment


                            • #15
                              Re: Debt not paid by "trusted" party

                              Originally posted by Skelly1983 View Post
                              Thanks for all the help.

                              The money was pocketed around Nov 2006 onwards.
                              The Fraud Act 2006 came into force 8 November 2006, so if the payments were pocketed after this date, the most likely offence would be Fraud by Abuse of Position (Section 4, Fraud Act 2006).

                              Section 4, Fraud Act 2006 states -

                              (1) A person is in breach of this section if they -
                              (a) occupy a position in which they are expected to safeguard, or not act against, the financials interests of another person,
                              (b) dishonestly abuses that position, and
                              (c) intends, by means of the abuse of that position -
                              (i) to make a gain for themselves or another, or
                              (ii) to cause loss to another or to expose another to a risk of loss.
                              (2) A person may be regarded as having abused their position even though their conduct consisted of an omission rather than an act.

                              Due to the sum of money involved, this will, in all probability, need to be dealt with by an Economic Crime Unit.
                              Life is a journey on which we all travel, sometimes together, but never alone.

                              Comment

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