Reasons not to send 'SB' letter in response to Capquest text?

[Giantsloth]

Hi guys,

Long time viewer. I got into some debt around 7/8 years back but managed to clear up all aside from 2 which were adding increasing amounts of interest on, I believe these were only for a couple hundred from a catalogue (I was young/stupid/bad with money, would never touch these things again!).

Anyway this morning I get a nice text from Capquest, their name rings a bell as I'm sure I would have gotten letters in the past but never replied. I'm assuming they still have me on record
as not fully paying the debt.

I'm also assuming they will continue to contact me so in this case is it ever worth sending a Stature barred/prove it letter and be done with it? My records have been clear for several years now and no
sign of them searching for me.

I ask as I've read they can try to send for cheeky CCJ's to old places you do not live. Will a weekly check of my reports be sufficient to catch this? (Old addresses are all on there)

Cheers guys.

[Weatherman]

Hi there

No harm in sending a Prove It letter. Make sure when you send it you give them your latest address, just in case they do attempt a CCJ. If you later find that they still sent court papers to an old address, this is a ground to have it set aside (when you can then challenge it on grounds of being statute-barred).

[Giantsloth]

Hi there

No harm in sending a Prove It letter. Make sure when you send it you give them your latest address, just in case they do attempt a CCJ. If you later find that they still sent court papers to an old address, this is a ground to have it set aside (when you can then challenge it on grounds of being statute-barred).

Thanks Weatherman, when updating the address this way is it sufficient enough just to have my new address as the sending address or do I need to actually state "This is my new address"? Prove it letter sound much better than SB!

And as all they've sent is a text saying we need to chat and a ref number, it's still a good idea to send right? I'm assuming they've sent letters elsewhere otherwise maybe they're just finishing. (Hence this question)

[MIKE770]

addresses they can up date from CRAs sites as logged on there by companies.

careful what you are doing, prove it = challenge

Statute barred is the end all of it - a letter tell them if only you are 100% sure no contact from yoy phone/mail etc and 5 years or 6 years england/wales has passed, if they sent to old address and you never received or read them their problem??

[MIKE770]

Limitation periods under the civil law of England and Wales are fixed by the Limitation Act 1980. These are fixed periods of time during which formal civil proceedings must be started. The limitation period varies depending on the type of civil claim involved.

Once the limitation period has passed, the defendant to a legal claim made by the claimant beyond the limitation period can defend it as ‘time barred’ – ie. the claim could be thrown out because it has been brought too late and is outside the prescribed period of limitation. What is the purpose of limitation periods?

The reason behind limitation periods is essentially ‘public policy’. Under the laws of England and Wales, it is unfair and contrary to public policy for individuals or organisations to be perpetually exposed to litigation for wrongful acts or omissions. When a significant time has passed following a wrongful act, witnesses’ recollections and memories may fade, documentary evidence may be lost and other evidence may be weakened. This means it can become difficult or impossible to properly adjudicate a case and prevent justice being served.

It is therefore deemed to be in the public interest that claims are barred by statute after a certain period of time has elapsed.

[Giantsloth]

addresses they can up date from CRAs sites as logged on there by companies.

careful what you are doing, prove it = challenge

Statute barred is the end all of it - a letter tell them if only you are 100% sure no contact from yoy phone/mail etc and 5 years or 6 years england/wales has passed, if they sent to old address and you never received or read them their problem??

Cheers Mike. Here's the thing, I'm not 100% sure. All I have to go on is a text message with my first name and a ref number but like you say opening a can of worms.

My thinking was even with a prove it letter it gives me a little more info than I have, I have no idea what it's for and SB I wouldn't bet money on not having contact within 6 years but I'm fairly confident!

[MIKE770]

up to you I would see what comes next??? these companies do not just go away they are paraha of the world order!

[Weatherman]

Thanks Weatherman, when updating the address this way is it sufficient enough just to have my new address as the sending address or do I need to actually state "This is my new address"? Prove it letter sound much better than SB!

And as all they've sent is a text saying we need to chat and a ref number, it's still a good idea to send right? I'm assuming they've sent letters elsewhere otherwise maybe they're just finishing. (Hence this question)

Yeah sorry I was sort of treating the Prove It & SB letters as the same (as in 'Prove this debt is not statute barred'). Sending an SB letter is harmless - if they have some reason not to think it's statute barred, they will let you know, and at least you'll know where things stand.

You could a bit of a hybrid saying 'I don't believe I owe this debt, and even if I did, it is statute-barred'. Re: the address I'd be explicit and say something like 'Should you need to contact me by post, please update the records to the following address: '

[MIKE770]

Statute Barred Letter only if you are certain? or send Subject Access Request Letter to originator that should throw up answers on dates etc

[Giantsloth]

Yeah sorry I was sort of treating the Prove It & SB letters as the same (as in 'Prove this debt is not statute barred'). Sending an SB letter is harmless - if they have some reason not to think it's statute barred, they will let you know, and at least you'll know where things stand.

You could a bit of a hybrid saying 'I don't believe I owe this debt, and even if I did, it is statute-barred'. Re: the address I'd be explicit and say something like 'Should you need to contact me by post, please update the records to the following address: '

Got it! Thank you, I like the sound of this hybrid letter. As there's no mention of any debts, is there even a letter that asks what they want whilst mentioning I have no dealings with them?

[Giantsloth]

Statute Barred Letter only if you are certain? or send Subject Access Request Letter to originator that should throw up answers on dates etc

Thank you, the issue is they only sent me a text with my first name and a reference number. I have absolutely no idea what it's for.

[MIKE770]

no company name await their next move could just be Phishing exercise, see what they send next if anything> sit on hands for niow!

[Giantsloth]

up to you I would see what comes next??? these companies do not just go away they are paraha of the world order!

The main thing that worries me is reading about people who have had a CCJ sent to an old address, I'm regularly checking my reports now. My thinking was at least if I can update my address whilst asking for 'proof' if makes me feel a little easier.

[Giantsloth]

no company name await their next move could just be Phishing exercise, see what they send next if anything> sit on hands for niow!

Cheers, as above I'm just hoping they do send to my address (on electoral roll, here for 3 years). Otherwise it gave me peace of mind to actually send a 'prove it' letter. But yes, no company name just Capquest, ref and my name. grrr.

[Weatherman]

Got it! Thank you, I like the sound of this hybrid letter. As there's no mention of any debts, is there even a letter that asks what they want whilst mentioning I have no dealings with them?

May/may not be a template letter, but you can easily amend one of them to say that! Something like:

"I have no knowledge of any debts that you hold. If you believe that you do own debts that I owe, please provide me with full details in writing to the following address: "