Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Can anyone help,
I have had a call from wescott about a debt for £4000, this debt goes back 8 years and was orig with M.B.N.A, I asked for details of the debt, if they were agents or if they had bought the debt and could they send me a break down of the debt, all I got back was a piece of paper with the balance on.
Most of this debt will be made up of charges, interest e.c.t.
Please can someone give me some advice.
Have you had ANY contact about this debt since? It's very important. If you haven't, it's statute barred. If you have, it's 6 yrs since last contact, and then it becomes statute barred.
The problem is now that you have answered them you may well have started the clock ticking again...
Of course, it could be an interesting angle that if most of those are penalty charges then of course, you'll go after them.... If they then say it's statute barred, it works both ways...
The way I see it, you can either write back saying "statute barred, bugger off" if it applies (you'll know more about this than us) or make a DPA request to ascertain what's charges, what's legitimate. If you do that, the clock will definitely be ticking back on the statute of limitations, so you won't be able to claim statute barred then.... Then again, 8% on charges that are 8 yr old could pile up nicely... You need to be clear in your mind whether the bulk of the debt is definitely charges before you decide, I think.
Apologies to people who I was in the process of helping, I may be gone some time.
Have you had ANY contact about this debt since? It's very important. If you haven't, it's statute barred. If you have, it's 6 yrs since last contact, and then it becomes statute barred.
The problem is now that you have answered them you may well have started the clock ticking again...
It has to be either a payment or written contract. Verbal acknowledgement doesn't count.
Hi, i am in a similar situation. after looking into it i found out that if it has gone past 6 yrs then there is nothing that they can do, the rules under section 5 of the limitations act 1980 is as long as they havent received a payment from you , you havent written to them and they havent started proceedings within the 6 yrs then they cant do a thing. there is a template of a letter that you can send them and it does not mean that you are accepting that you owe the debt. the only exeption is if the debt is coneccted to a mortage, benefits or a student loan. the 6 yrs goes from when u last made a payment or they have received somthing in writing from you regardless as to when the debt was sold. you can also make phone calls to them and this is not classed as an admission that you owe the debt. it has to be in writing to be admissable in court. hope this helps.
If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.
Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.
The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.
Alan, Derby, UK.
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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
thank you all for your replies, unfortunatly I have made payments within the last year, wescott approached me about 6 months ago and I made an offer of payment, not a very big one just £5 month, its all we can afford, we never heard from them again, this seams to happen quite often, I ask for details of the debt, and they ignore it for a while, then get intouch out of the blue.
Although it would be nice to think that they will just go away, i dont think that is whats going to happen.
so can i send a dpa request to them, and will they have to reply with all the info i ask for.
the debt orig loan was £5000 over 5 years, more than 8 years ago, and there is still about £4000 to pay, even though we kept payments up for over 3years. it was unsecured.
so can i send a dpa request to them, and will they have to reply with all the info i ask for.
the debt orig loan was £5000 over 5 years, more than 8 years ago, and there is still about £4000 to pay, even though we kept payments up for over 3years. it was unsecured.
If you base it on the template in the library, then they legall have to send you the information within 40 days of receipt of your payment. Therefore, it is essential that you send the £10, and I would advise to send by recorded delivery.
Alan, Derby, UK.
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_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
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Originally Posted by Bookworm
