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Old 4th May 2007, 01:17   #1 (permalink)
Barbacus
Basic Account Customer
Default Time limit on debt collection???

Hi,

I have just received a letter from Clarity Credit Management Solutions re: a very old loan I had with Egg dating back to 2001. I did not fully repay the loan, but I have NEVER been contacted by Egg with regard to the arrears. They have had my email address and my credit history has been updated with my addresses over this period of time.

Does anyone know if there are any time limits for how long a company can pursue an old debt (for example, if Egg has placed a CCJ on my credit history in 2001 it would have fallen off by now), and if they have a duty to show that they made reasonable efforts to contact you about the account before enlisting the services of the bully boys.

I wonder why I've been contacted now about it?? Strikes me as being a little odd??

Any help or enlightenment on this one greatly appreciated!
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Old 4th May 2007, 09:19   #2 (permalink)
tomterm8
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Default Re: Time limit on debt collection???

I am no longer welcome on CAG

Last edited by tomterm8; 3rd May 2008 at 23:44.
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Old 4th May 2007, 10:24   #3 (permalink)
gizmo111
Platinum Account Customer
Default Re: Time limit on debt collection???

Limitation Act 1980

6 years since you last acknowledged debt in writing or made a payment to the account. However this does not apply if there was a CCJ on the account, as this is enforceable for ever.
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Old 9th May 2007, 00:53   #4 (permalink)
Barbacus
Basic Account Customer
Default Re: Time limit on debt collection???

Thanks both for your responses. I will definitely not be acknowledging this debt in any way and will be sending off the standard letter to Clarity asap.

Thanks again.
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Old 16th January 2008, 23:36   #5 (permalink)
Midori
Basic Account Customer
Default Re: Time limit on debt collection???

Does this apply to all debts? I had a Barclaycard in the 90's, and have recently had letters referring to it having been sold to a recovery agency, despite not having banked or been contacted by Barclaycard since 1994.

One letter is quite threatening, saying 'This will not go away'. I think it's just scare tactics. I have had letters from 2 companies about the same thing. I intend to ignore them, is this right?

Cheers
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Old 17th January 2008, 00:37   #6 (permalink)
gizmo111
Platinum Account Customer
Default Re: Time limit on debt collection???

If you are sure that you have not acknowledged this debt for 14 years then ignore it, there is a letter in the templates - I'll get you the link.

EDIT

Letter M here

Last edited by gizmo111; 17th January 2008 at 00:42. Reason: link added
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Old 17th January 2008, 01:35   #7 (permalink)
ODC
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Default Re: Time limit on debt collection???

Quote:
Originally Posted by Midori View Post
Does this apply to all debts? I had a Barclaycard in the 90's, and have recently had letters referring to it having been sold to a recovery agency, despite not having banked or been contacted by Barclaycard since 1994.

One letter is quite threatening, saying 'This will not go away'. I think it's just scare tactics. I have had letters from 2 companies about the same thing. I intend to ignore them, is this right?

Cheers
Could this by any chance be Lowells aka Red Debt aka Hamptons Legal.

They have recently bought a shed load of UNENFORCABLE Barclaycard debts that they are trying to fool people into thinking they have a legal obligation to pay. Truth is THERE IS NO LEGAL OBLIGATION TO PAY A STATUTE BARRED DEBT
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Old 17th January 2008, 03:05   #8 (permalink)
make them aktiv runners
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Default Re: Time limit on debt collection???

Quote:
Originally Posted by Midori View Post
Does this apply to all debts? I had a Barclaycard in the 90's, and have recently had letters referring to it having been sold to a recovery agency, despite not having banked or been contacted by Barclaycard since 1994.

One letter is quite threatening, saying 'This will not go away'. I think it's just scare tactics. I have had letters from 2 companies about the same thing. I intend to ignore them, is this right?

Cheers
Assuming you paid nothing for at least years, the above letter will suffice. You will probably then get a letter referring to a "moral" obligation.
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Old 17th January 2008, 08:41   #9 (permalink)
Midori
Basic Account Customer
Default Re: Time limit on debt collection???

Yes , it is Lowells, aka Red Debt.

I was wondering if it was safe to just ignore it.

Cheers, midori
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Old 17th January 2008, 08:46   #10 (permalink)
clutchingatstraws
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Default Re: Time limit on debt collection???

Not worth wasting a stamp on this one.
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Old 17th January 2008, 09:32   #11 (permalink)
ODC
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Default Re: Time limit on debt collection???

Quote:
Originally Posted by Midori View Post
Yes , it is Lowells, aka Red Debt.

I was wondering if it was safe to just ignore it.

Cheers, midori
YES

The debt is Statute Barred and they can take NO legal action for recovery. If they send you any more demanding letters report them to TS.
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Old 17th January 2008, 10:09   #12 (permalink)
Midori
Basic Account Customer
Default Re: Time limit on debt collection???

Thanks, all.

Cheers, Midori
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Old 17th January 2008, 12:17   #13 (permalink)
Barbacus
Basic Account Customer
Default Re: Time limit on debt collection???

Hi there, just thought it would be worth adding that I followed the advice given in this thread at the time of my original post, and managed to beat Clarity into submission. It took 3 letters (they just continued to send their standard letters out to me, even heading up the letters that they were 'disappointed I had not contacted them'), which I sent recorded delivery, using the same language that they use (lots of capitals, bold text and threats of police intervention if they sent a 'representative' to call at my house). Eventually I received a letter from their customer services director apologising for their failings and promising that I would never hear from them again. They said they had returned the debt to the originator, but so far I have not heard anything from them either.

The help available in this forum is amazing. Its helped me with the above, and it also helped me to claim over £3k of charges back from my bank.

Thanks a million.
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Old 17th January 2008, 13:13   #14 (permalink)
ODC
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Default Re: Time limit on debt collection???

It seems to be the same with most bullying DCAs. They threaten all sorts and continue sending threatomatic letters. However like most bullies thay are easily beaten when confronted with the law. Thet are so stupid that they do not realise that if they adopted a genuine attitude with folks instead of being ignorant and nasty on the phone or sending threatening letters they may well have more success. Now people feel so intimidated by them that they immediatly type their names into GOOGLE and end up here where they discover what and what not a DCA can actually do.
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Old 26th January 2008, 13:44   #15 (permalink)
gerd2901
Basic Account Customer
Default Re: Time limit on debt collection???

Just reached the Red Debt stage today re a Barclaycard account from around 10 years ago. I'm going to try responding with the template letter and see what happens. Many thanks for all the info.
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Old 26th January 2008, 14:13   #16 (permalink)
Midori
Basic Account Customer
Default Re: Time limit on debt collection???

Right now, I am ignoring them, will see what happens.

I'm in the mood for a fight, so I'm secretly hoping they might try something................

Cheers, Midori
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Old 26th January 2008, 14:43   #17 (permalink)
ODC
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