Have you received threatening demands for debts older than 6 years?

[ALBY40]

Hi, another newbie with a similar problem...

In the late 90's i ran up a lot of debt, i paid it all of including this debt for £338.90 from 1998 by by various means including doorstep collection. In June of 2002 i received a letter from Wescot and later that month their solicitors chasing the debt, i contacted them by telephone and told them the debt was repaid which they seemed to accept after a bit of convincing and i thought nothing more of the matter.

I decided to check my credit file this weekend and found a search at my previous address by Wescott in October 2006 listed as an unpaid debt search, i contacted Wescot by telephone to ask about this but after initially not being able to find anything refering to me they then came up with this old debt again.

My problem is that i no longer posses the proof that i have repaid the debt and now have a search on my credit file that will remain as a black mark for 6 years, can anyone suggest what to do before i have to pay this again to clear this mark

Thanks, (sorry for the war and peace )

Alby

[ODC]

The debt is Statute Barred. Send this to Westcrap

Dear Cretins

Acc/Ref No

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

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.”

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully


I M Wise To-You

[ALBY40]

Hi ODC,

Firstly, thank tou very much for the advice, i will do just that. Do you have any idea what would assist getting Equifax to remove the search for outstanding debt.

Thanks again

Alby

[ALBY40]

Hi ODC,
Major surprise, i have just had a long conversation with a lady at Wescot which appeared to be going the usual route of just give us the money or else, when she suddenly changed tack. Stated that they have decided not to persue and that the search on my credit reference would be removed and the debt marked as closed

I'm still too stunned to be pleased with myself at the moment

They must have found my links with the Corleone family or something

Sincerest thanks for your advice

Alby

[ODC]

I trust you demanded written confirmation. Its certainly not like Westcrap to give in so easily. Maybe the new Consumer Protection from Unfair Trading Regulations 2008 have focused their tiny minds.

[Blueasmiles]

Thank you so much for your help.
I have concerns though that if Marks and Sparks Money did issue a CCJ previously to my old address still well over a decade ago a CCA letter rebuttal might not be the appropriate course on action. I will add though Red Castle haven't mentioned this and it appears to me they are just rattling the blunted blade at me, but I am still slightly concerned.

Another point of concern is that I did send off the CCA sortie to them with a £1.00 postal order, however I mistakenly signed the letter. Do you imagine this is such a huge problem now they have a sample of my signature?

Thanks again

Blue

[th3yb3]

Hi Everyone,

I have Thames Credit Ltd writing letters to me for a 10 year old debt.
Is there an email address I can send an email to stating that I do not know anything about the debt and in addition, I have contacted watchdog, oft and Information Commissioners Office?

They are writing letters threatning to either send field people to my property or send a default to county court.
Are they allowed to default me on my credit file.
I already had a ccj on my name which disapperead just over 3 years ago.

Thank you

[ALBY40]

Hi ODC/All,
Had another call from Wescot today to confirm details and state that a letter of confirmation would be sent today, checked with the CRA and the offending search is indeed gone

Happy but amazed

[ODC]

Originally Posted by th3yb3

Hi Everyone,

I have Thames Credit Ltd writing letters to me for a 10 year old debt.
Is there an email address I can send an email to stating that I do not know anything about the debt and in addition, I have contacted watchdog, oft and Information Commissioners Office?

They are writing letters threatning to either send field people to my property or send a default to county court.
Are they allowed to default me on my credit file.
I already had a ccj on my name which disapperead just over 3 years ago.

Thank you

Enquiries@thamescredit.co .uk

[tommo12345]

Originally Posted by BankFodder

Have you received threats of legal action in respect of debts older than 6 years?

Although if you are in debt, you will continue to owe the money until it is paid off, after 6 years the debt is probably statute barred which means that the creditor will have lost his right to sue for the money.

Despite this, debt collectors frequently rely on people's ignorance of the law or their fear by making threats of legal action to recover debts even though these threats are unenforceable.

The making of a threat is dishonest.

Now, the new CPUT Regulations 2008 (Consumer Protection from Unfair Trading Regulations) may make such unprofessional behaviour unlawful.

If you have received such threats, you should not respond to the debt collector but you should write a letter of complaint to the OFT who are obliged to investigate your complaint and to take enforcement action of some kind if they agree with you.

See the new explanatory notes on the 2008 CPUT regs at The Consumer Protection from Unfair Trading Regulations 2008 - draft

Please do let us know if you are taking any action under CPUT as we would like to keep ourselves updated on how useful it is.

Hi There.

When you state a Debt over 6 years old. Does that mean 6 years from when you first signed the credit agreement?

or

6 years from when you first went into default?

Many thanks

Tom

[make them aktiv runners]

neither, it is 6 years from last payment.

[jody123]

Hi Bankfodder,

I noticed your thread on Statute of Limitations and I wondered whether you could clear something up for me...I have started a thread on this, but no-one seems able to answer me directly - I have two differing answers from Sequenci and MilkTrayMan:

On a mortgage shortfall the statute of limitations is 12 years for the mortgage and 6 years for the interest and damages - if a shortfall occurs in 1999, but no contact is made and court papers are issued in 2007 is the 8% statutory interest under the County Court Act statute barred?

Sequenci thinks that it is not, but MTM says that it is as, s69( says that other acts take precedence.

Can you, or anyone else reading this thread, please clarify which is right?

Jody

[The GodMother]

i hate to be saying this but i think MTM is correct.

i think it is 6 years from last contact/payment unlees u make payment after the inital 6 years or 5 for Scotland.

[jody123]

TGM - why do you hate to say that - it is brilliant news if correct - it means that Count can claim statute barred for his defence, as can my mate...

Not that I don't believe you TGM, but if anyone can confirm that the assumption in post 32 is correct?

jody

[The GodMother]

Originally Posted by jody123

TGM - why do you hate to say that - it is brilliant news if correct - it means that Count can claim statute barred for his defence, as can my mate...

Not that I don't believe you TGM, but if anyone can confirm that the assumption in post 32 is correct?

jody

I hate agreeing with MTM not hate saying the debt is SB on the arrers side.

[jody123]

just in case anyone else with a mortgage shortfall debt that is over six years old is reading this, please see this post in relation to interest....