They’ve got my current address, I’ll send the sb letter this morning as well

I’ve no recollection of defaulting on a debt to capital one, about twenty years ago I ran up debts with Barclaycard and (I think) MBNA which I definitely defaulted on. At the time I was a stupid irresponsible moron who abused alcohol and drugs on a daily basis which led to a period of mental illness, however I’ve spent a lot of time and effort to become a much better person than I was. There is a possibility that I have forgotten who I owed money to, I don’t remember that much from that period of my life. I honestly couldn’t send an sb letter for a debt that I have no recollection of and my thinking was that if they could prove that I had defaulted on this debt then it would then be obvious that it was sb and the letter could be sent at that point. I used email as I cannot have letters going to my home address as they are opened by my oh and this would cause huge problems for me, I’m ashamed of that period of my life.

I recently received a letter from Capquest informing me that they are transferring a debt that they claim I owe to Capital One, from themselves to another company called Resolvecall. Today another letter arrives and I received a text message stating that they would be sending someone to my home address. About twenty years ago I defaulted on some unsecured debt, I genuinely do not remember having a credit card with Capital One, in fact I have an account with them that I opened about four years ago which is in credit and I’ve always paid off in full every month. I have emailed them a standard prove it letter today and received a reply about half an hour later which contained this gem: “Unfortunately, it has come to our attention that there are certain websites purporting to provide information which will allow their users to avoid repayment or discussion of debts. It is our belief these sites are disseminating misinformation which is both unhelpful and harmful to the consumer. The letter you have sent is one of these templates. It appears to be a letter of dispute but simply lists the regulations around disputed debt and it does not explain to us why you are specifically disputing this debt.” I absolutely won’t be paying them anything, however I do not want any letters or visits as this would cause me terrible problems at home. I’ve replied to their email stating clearly that I don’t recognise the debt and that it would be statute barred anyway and not to contact me again. What can I do if they persist in chasing me? This is causing me considerable alarm and distress - I’ve made huge efforts to sort my life out and become a responsible and productive member of society over the last decade.

Just wanted to triple check something before proceeding. Is it the case that if I pay the amount in full, that the case will not proceed and a CCJ will not be issued? It seems to suggest this is court documents but I just want to check. Secondly, if I did pay the full amount, do I need to do anything other than just pay? Do I need ot notify the courts myself? Thanks for any help

Would the fact that they have made an application to the court stop the clock in terms of it becoming statue barred? Or is the date of judgement the key factor? The loan was definitely deferred in 2004 and according to link themselves it became statute barred on the 20th of September. It seems a little unfair to me that I receive notice of court action four days after I thought it had became statute barred.

Thank you! All help is greatly appreciated.

Very bad news. This morning I've received a summons for Swansea County Court. Can anyone help me??? Obviously I'm panicking right now - I though I'd reached the finishing line! The issue date is the 14/09/2011, and they acknowledge that "the cause of action duly commenced on the 20th of September 2005", ie more than six years ago. The summons is for Swansea County Court, which is miles away from where I live and is impractical for me to travel to - is it possible get it moved to somewhere closer?

wow that was quick! Thanks!

I understand your point, howevever the loan was deferred in 2004 and exited deferment in September 2005,so unless I'm mistaken the six years are up.

Evening all, As you are all no doubt aware, today is the 20th of September 2011. Now, for those of you who have been following this sorry saga may be aware that according to Link, this matter wasn't statute barred due to the loan being deferred in september 2005 and that SB status wouldn't kick in until six years later. Well, today is indeed that momentous day, six years from deferment, so even according to link this is SB. So imagine my surprise when i returned home to find a statement of account from link which showed that they are adding £15 odd quid a month in interest! Well, Link parasites, you can add as much interest as you like, a million a month if you like For all of you that have supported me I would like to say a sincere thank you, to Link, I'd like to say a sincere [edit] I mentioned a while ago that it would be good to buy you guys a beer, instead ill be making a donation to CAG and if you sign up to the Marston's mailing list they'll send you beer vouchers! Seriously gents thank you. ps does any one have any ideas as to how I could give Link a taste of their own medicine?

Thanks for your help gents, I'll look into making a complaint via consumer direct, and I'll keep you posted when I hear from the SLC.

Still not heard from the SLC, but I have had a letter from Link in reply to me teeling them that I would be seeking an SAR from the student loans company: "Dear Mr WhitmoreReans, As previously explained to you, the original creditor sold your account as part of the government Student Loan Debt Sale in 1998 to Finance for Higher Education (FFHE). We, Link Financial Outsourcing, are servicing the account on behalf of the debt owner FFHE. THerefore, any Subject Access Request must be submitted to us and not the Student Loans Company, who no longer have an interest in your account. We may, if necessary, contact the Student Loans Company to verify information or extract documents, however this is part of the compilation of the SAR request of which the fee of £10.00 covers. I am concerned that you have been given independent advice that advises you otherwise from what I have stated above and would be grateful if you could inform me of the independent advice body used and I will contact them directly to explain the SAR process to ensure that other customers are not given incorrect and time wasting advice. I cannot empahsise strongly enough that if you require advice or guidance towards the seriousness of your current position or the inevitable consequences of your failure to agree a repayment plan with us, that you contact a recognised independent advice council such as the Citizens Advice Bureau or the Coinsumer Credit Counselling Service, both of whom offer free and accurtate advice. We have advised you as your deferment period ended on 19 September 2005, this is the Cause of Action date that we have used to refute your claim that the account is out of statute. With regards to the payment of 5 July 2005, we have shown you this appeared on your annual statement issued in 2005 and you failed to challenge this at this point and therefore I am satisfied from the collecting agent to the SLC correctly. Also, as stated, this payment does not form part of the Cause of Action date. As advised in your complaint response of 9 June 2011, we no longer consider this account in dispute and see this letter merely as a time wasting tactic to avoid repayment of this debt. We have offered you the opportunity to contact us and with a reasonable offer of repayment and we would be happy to discuss that with you. however, if you continue to ignore your responsibility towards this debt or act on inaccurate advice from a non recognised service, then we will continue our process of obtaining and enforcing a County Court Judgement against you. I have also commenced the process of updating the UK Credit Refernce agencies with your defaulted balance, and this will be reported at August end month. Yours sincerely, Link Dicksplash." Now, as the defaulted balance dropped off my credit files months ago, am I right in thinking that they can't put it back onto my credit files? And, more importantly, where do I go from here? Now quite worried.

Fortunately no polar bear but a flooded tent and a very very annoyed staffie (and wife!)

I'm back from my disastrous camping trip so I can now move forward: So, I will get the SAR letter off to the SLC and Write to Link to inform them that I've requested the SAR and that the account is still firmly in dispute until I hear from the SLC. The objective here is to prevent a CCJ, that would be a disaster for me - I'm not a 'won't pay' person, but I am trying to hold them off until I am in a position to pay on my terms, and I definitely don't want to surrender to this bunch of crooks.

I have no knowledge of the payment at all, and as far as I know, no other payments have been made after this.