CapQuest- Default drops in July, Statute Barred Date Soon, Help!

[DebtLess]

I'm confused about when this will become statute barred.
Started to get letters as my credit file updated with my latest address now.

The default will drop off my credit file in July this year.
However I am wondering when this will be statute barred.

I have attached a photo of a screenshot from my credit file with details of the debt. I have never contacted them or paid anything

It was a bank account from when I was 18, I went overdrawn unauthorised and then they extended the overdraft to help with fees etc so I could pay it off, however I was only a student and had lost my job, plus my family were struggling at the time as the family business went bankrupt. I think this debt been sold a few times and capquest are the latest.

Could you advise me as to when I can find out last payment made or something. I have never paid a debt collection agency anything for this debt, and at the time made no payments to the bank. I got a new account elsewhere and just left this...

I have no other debts, this was just a very rough time.








I'll be honest I've never made a single payment on the above, nor have I ever acknowledged the debt. The last time I dealt with the bank on this was 2008. This was when the extended it, but the fees kept racking up until they closed the account - which I don't know when it was.

The Dca have started to send letters, which I have been told means it's usualy statute barred and they're trying their luck, or its getting close to statute barred.

I'm in 2 minds about whether to send the letter...
Or just hold out till the default drops off in July and then send it!

[blanker]

Re: CapQuest- Default drops in July, Statute Barred Date Soon, Help!

It will be statue barred around January 2016. The default date is usually guideline 3 to 6 months after you made a last payment. Just to be on the safe side give it an extra month. Then 6 years later its considered statue barred if you make no payments and dont acknowledge the debt.

A lot of people are suddenly winning in court not because of the legal stuff, but because the companies dont do the basic stuff like show you owe a debt in the first place lol.

What happens in basic english, they apply to take you to court, you are asked "well whats your response" you reply, "they wrote to me and asked me for a sum of money, i dont know who they are, they keep asking me for money and i keep asking them to show me that i actually owe them any money, i have no idea why they think i should be taken to court" The court reads that, and thinks - WTH

You then throw them a complete curve ball and select mediation instead of a day in court.

NOTES: ive written this is pure english, that is NOT what you write on the form, but its what it will mean, your defence must be in legal speak, and must actually be absolute.

Using medition throws a complete spanner in the works, because then no one can really win. But no one can give a judgement against you either. And thats what you want lol, you dont have to go to court or even acknowledge the debt, the company isnt going to want mediation, because if it does happen your just going to sit there in front of court appointed witnesses and ask "show me the proof" and they will not have it or be able, at which point mediation cant win or resolve it either.

By then a YEAR will be truly over, and your debt will be no longer enforcable through the courts.

If you are just buying time choose mediation BUT seek legal advice FIRST.
If you are defending the claim against you, get a good solicitor and make sure you are right. Then go defend it.

[Amethyst]

Re: CapQuest- Default drops in July, Statute Barred Date Soon, Help!

Blanker, once a court claim has been entered then it does reset the time clock for purposes of the limitations act. Otherwise I agree with the rest of what you have said.

DebtLess - as this appears to be an overdraft debt then it is a little bit trickier for statute barring purposes than say a credit card or loan, where there is a certain time before cause of action arises. It will be argued that July 2009 is the cause of action date. To determine whether it actually is you'd need to look at the terms of the account and the overdraft and see when the bank were entitled to close the account ( as opposed to when they actually did) after you stopped making any payments.... what state the account was in when you stopped contact, charges added to the account and any terms about having monthly amounts paid in or making 5 direct debits out of the account etc - things like that.

As it is uncertain I would tend to say hang fire and just file letters away - but it is likely they will issue a court claim and you will then have to deal with that, it's a little bit of a gamble either way, it really depends if you want to sort it out and need to avoid a CCJ at all costs or if you are happy to wing it till after July and fight them in court risking a CCJ.

[Nibbler]

Re: CapQuest- Default drops in July, Statute Barred Date Soon, Help!

Yes. Limitation sets a time limit for the claimant to start proceedings in a court of law, and under the rules of court for the purposes of limitation those proceedings start when the court recieves the initial claim form. It's not a limit on when judgement itself must be obtained by.

[nemesis45]

Re: CapQuest- Default drops in July, Statute Barred Date Soon, Help!

With an OD/Current Account the date that the creditor issues a Final Demand for Payment/Recalls the OD for payment if full for.thwith
is the best way to define the start of the 6 year period (in my experience) .
I one cannot define clearly the date of COA then the default date is often claimed (by DCA's) to be the start of the LA period of 6 years.
The limitation clock stops on the date a claim is issued to the debtor.

[Nibbler]

Re: CapQuest- Default drops in July, Statute Barred Date Soon, Help!

The limitation clock stops on the date a claim is issued to the debtor.

Not always. Small point but can be important when the dates are very close.

http://www.justice.gov.uk/courts/pro...t07/pd_part07a

5.1 Proceedings are started when the court issues a claim form at the request of the claimant (see rule 7.2) but where the claim form as issued was received in the court office on a date earlier than the date on which it was issued by the court, the claim is ‘brought’ for the purposes of the Limitation Act 1980 and any other relevant statute on that earlier date.

[nemesis45]

Re: CapQuest- Default drops in July, Statute Barred Date Soon, Help!

Agreed, not seen it have any material effect.