today i recieved a letter from red debt collection sevices threating to make me bankrupt for a capitol one debt that is eight years ago has anyone else had dealings with thes people

They cannot follow up on the threat unless you've received details of earlier court proceeding. If you haven't heard anything about the matter for 8 years you should tell them this, ask for copies of correspondence and investigate whether the debt is time-barred. Communications are best kept to written letters.

i would think its stuate barred but just a bit concerned about it never had any court orders over this and the original debt was no were near the £1.118 there asking my credit limit on this card was £300 no more

bill --- Lets see if we can help you get this debt legally struck off first of all as it seems this debt does qualify as "statute barred" under the limitations act 1980. The thing we have to do is respond to them in line with the legal requirements to make this old debt null & void, therefore legally unenforceable forever.

When there are no CCJ's recorded and there has been no contact / payment or acknowledgement made to the creditor by you within the last six years then we can help you get this legally terminated, I think that the interest has been added over the years to make this figure swell so much.....but never mind that. !

What you need to do now is write to them sent by Recorded delivery stating that the debt now falls into the below statute barred requirements, informing them that you will not be paying it, In the meantime do not contact them or acknowledge / agree that you owe this debt.

I havel posted you a template letter that you can adjust for your personal needs and forward it onto this creditor......Tailor the template letter below to suit your circumstances, then send it Recorded tomorrow or Monday.

....................... ............................... ..............................

Your Name:
Your Address:
Date

To: ...Creditor ?

WITHOUT PREJUDICE

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

(Your signature)

........................... .....................................

REMEMBER
KEEP A COPY OF ALL LETTERS YOU SEND TO YOUR CREDITORS

Very good advice above.

They may well have got to the £1118 figure by adding charges. Debt collection agencies will happily add £40 for writing a letter, £100 for a visit, £00s for a court hearing and so on even if the debt is just £10. It may well be that the letters and visits went to the wrong address but that doesn't bother people like this. You could ask for a detailed breakdown of the figure with copies of all correspondence (you can check the address on these - it's not unusual for one correctly addressed letter to go missing but this doesn't happen for a series of letters if they are properly addressed) if you wish but I agree that the statute barred approach is the best starting point.