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

[soul43man]

It was a store card

[tiglet]

Then if you have not paid or not acknowledged in 6 years, yes, it would be statute barred.

Send them this: Creditors and DCAs - Letter Templates & Budget Planner - it's letter M

[soul43man]

thanks for your help

[tiglet]

YW

[Mizztier]

Hi I am new to this site but wondered if anyone could help with my query I had joint bank account with Lloyds tsb and my ex husbands name was first so all letters have his name first when we got divorced 13 years ago I accepted responibility for the debt on the bank account beacuse it was my debt not his I have been paying tsb over a number of years now and recived a letter today from a company called Apex credit managment who want the debt paid in full I phoned and explained the debt didnot belong to my ex husband and I was responisble for it but they refuse to speak to me any ideas what to do now thanks

[soul43man]

Hi, again what is the maximum amount that this refers to? Would it apply to an amount over £10000

[befairmrbank]

I have an unsecured loan with Welcome Finance. I haven't had a great record of keeping my monthly payments.
I ttok the loan out in September 2006. £1500 over 36 months - 80.44 a month repayments. Have probably made about half of them. Tried in August to make a one-off payment of £2000, which I had then. The bill due to added interest, charges, interest on charges, letter fees, and all the usual, was £2800, and they refused my offer.
Have paid £85 in Aug and Sept, missed October. They sent someone to my front door today and left a letter as I was out.
They seem to persist in calling to people's homes.
What are my rights to legally warn them off from calling at my home, and can I demand that they only contact me by letter?

Any help would be great, thanks.

[The GodMother]

dear numb skull

bog off.

from befairmrbank

Now on a serious note send them this

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
This basically means unless you have an appointment please leave or l will call the police.

it works for me

[Phenolic]

Hi all,
Just wondered if anyone could cast an eye over this statute barred letter I am about to send off and see if it is the right way to go regarding a debt I'm being chased for that's older than 6 years..Many Thanks in advance.

"
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 also note that you took over 8 months to provide a copy of the credit agreement.
By not supplying the documentation within the allowed time you may have committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. You are reminded that you were obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974
Furthermore, the legal request for a copy of the agreement was sent together with the statutory fee of £1.00. This payment was the fee payable under the Consumer Credit Act for the documentation and should not have been misappropriated.

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, "

[DoggyDo]

Hi all, with help from you wonderful people on this site last year I took on Lowell regarding an alledged Capital One dept. At the time (Oct 07) I sent them a letter asking for proof of debt. I heard nothing until 19 Nov 08! they have sent me a copy of my Short Application Form which does have a small para at the bottom called Credit Card Account Agreement which I had signed in 2001, along with a letter demanding payment within 7 days or they'll start legal proceedings. I can't believe it took them a whole 13 months to reply! Today I have checked my Credit Report (experian) and the Lowell/Capital One report has been removed due to being over 6 years old. I'm not sure how to proceed so any advice would be great.


Just want to congratulate everyone who contribes either their experiences or advice on this site as it makes us all stronger.

[Busaman]

Hi !

Along the same lines as some of the interesting posts on this thread,
can you advise me pls ?

I have one last outstanding debt to deal with which was sold to a DCA a few years ago.
Last time I made a payment on the debt was over 6 years ago for absolute certain.
I slipped out of society after my RTA and faced homelessness and total destitution. I have repaid all of my debts apart from this.

Because I have no income and live with quite bad disabilities I do not wish to be forced into paying the DCA.
I have received letters from them this year after they obtained my address, all letters were before the 6 year deadline has lapsed.
I have not responded in any way.

If they decide to write to me again making threats (as they do) what are my options to tell them to go away ?
I have no intention of contacting them, but would like to know what to do "if".

Many thanks !

[The GodMother]

you need to advise them it is after the 6 year rule and that you will not pay them.

[Robot12]

Hi, i'm not really sure if you can help, but i'm going to give it ago anyway. We have recvieved a letter today (5th Dec) stating that my husband owes just over £2000. He has never taken out a loan apart from a mortage. We rang the place he apparantly owes this money to and they said it was a credit card taken out in 1992 at his old address. We have been living at our address for just over 5 years and have never recieved statements or any other letters regarding this matter. He was living with someone who was quite bitter that he was moving out to live with me. We've contacted the police who have gave me this website and told me there is a template I should copy and send to the company. Well I can't actually find it so would you be able to reply with it. Please help!!

[The GodMother]

Nice one the police
i will find u the template.

[The GodMother]

Personally i would send them a prove it letter.

They have to prove details of there claim to you that means when the account was open.


Dear Sir/Madam

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 I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully


Ammend to suit your needs but NEVER sign the letter and NEVER call the company ALWAYS send buy at least recorded delivery.

[clemma]

Aktiv Kapital are trying to chase a debt from 1997. No payments or acknowledgment from me since 1999. I have sent the statute barred letter. Silly, silly Aktiv Kapital

Although, if it wasn't for this forum, I would have panicked and paid them - so three cheers