Time to get rid...... :)

[nicolee2931]

I've had a few debts following me around now for about 10 years, however more recently the letters they have been sending are getting quite disturbing. Now I haven't acknowledged any i've just filed them in the bin, i havn't paid anything on them, in a nutshell i've ignored them, can anyone offer any advice on how to proceed, the collection agencys involved are MacKenzie Hall (Cabot/Barclaycard), Wescot (Littlewoods Catalogue), Reliable Collections (JD Williams). Only the Reliable Collections Account is more recent (Early 2006). I have thought about the CCA & Statute Barred route for the first 2 swines, and a CCA for Reliable Collections.

Cheers Nicola....

[mollyr0x]

If they are all over six years, you can continue to file them where you are doing now. If they are not then try the CCA templates.

[cerberusalert]

Stop filing them in the bin! You might need to make use of them in the future if need be.

[mollyr0x]

I think unless you intend to contact them, it doesnt really matter if you bin them. I bin one constantly which is barred. I cant be bothered wasting my time with them. Its not like they can enforce a 9year old debt.

[nicolee2931]

I think i will use template M, just to make them aware i see the first 2 debts statute barred, and i'll try template N on the latter. Would I be best doing a CCA on the first two just to make sure they get the message that if they can't supply the credit agreement there is nothing to enforce, as eventually I will get them done for harrassment when this junk doesn't stop falling through my letterbox.

[cerberusalert]

If you keep the correspondence it can be used against them if you need to initiate a formal complaint in the future. Particulary if they've registered a default or carry on harassing.

[Curlyben]

If you know that the debts are stat barred, then send that letter.
If you are unsure then go with a CCA.

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.
If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

I hope this clarifies some things.

[nicolee2931]

thanks fot that i'll get right onto the letters, however one of the DCA's said the debt wasn't stat barred because I had made phone contact with them last year and more recently, however I thought only written acknowledgement resetted the 6 year period, is this correct?

[Curlyben]

As far as statute barring of debts is concerned acknowledgement must be in WRITING or by PAYMENT.
Some dodgy phone call doesn't count.

[ODC]

Originally Posted by nicolee2931

thanks fot that i'll get right onto the letters, however one of the DCA's said the debt wasn't stat barred because I had made phone contact with them last year and more recently, however I thought only written acknowledgement resetted the 6 year period, is this correct?

If six years had passed since the last payment or written acknowledgement the its STATUTE BARRED - END OF

You can phone them or write a n admission in your own blood its still Statute Barred and can NEVER become UNstatute Barred. In fact you could take out a front page spread in the Daily Mail and say you owe the money and they still could not enforce a Statute Barred Debt