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.
hi, last paid amount on this debt in august 1999 then moved left no forwading address and no contact since , credit rating is fine and no problems now getting any however in sept 2006 got a phone call out the blue from a debt collection agency saying i owed a amount of money and who it was to, I said didn't know what they were talking about.
Next got a letter stating i owe this money and that i have to get in touch about repayment, still told them don't know what you are on about.
did research on the net and found out that if a debt goes 6 years without any contact then it is statue barred under 1980 limitations act.
told them i have had no debt for over 6 years and could then tell me what they are on about , they said debt was from 6 years ago, i said don't know about that one and quoted act at them to which they replied although it wuldn't effect my creit rating, they can still chase me for the debt and take me to court for it. since then i have had phonecall after phonecall, letter after letter from different collection agencies for the same debt.
I last spoke to jb debt recovery who told me they will chase me for life and now this morning i have a letter from manches saying they are acting for jb debt recovery and to pay up or they will send balliffs. i have 5 children, one is only a baby 3 months old and after hitting rock bottom losing my house and finacally finally getting on my feet i get this.
please help advice needed. can they send balliffs round for a debt from 1999 no communicaton since until phone call 2006 asking my name and then stating i owe money from 1999.
It sounds like the debt is indeed statute barred. This means that the creditor cannot take any action to recover the monies owed, this means no bailiffs. You should write to them stating that the debt is statute barred and that if they continue to chase you for the debt you will look to complain to trading standards and the oft.
i did actually contact my local trading standards about it, and she knew nothing of the 1980 act and then gave me a phone number for a debt help line, dohhhhhhhh! feel like i am going round in circles. i am scared to send letter incase they see it as acknowledgement of debt and restart it
you could also send a CCA request to them. Make sure that the phrase, "I do not acknowledge this debt and it is my understanding that even if this debt did exist it is statute barred under the........(quote Act etc). I will not correspond further with you until you supply the above mentioned documents including a statement of account" I would send the letter to all the DCA's who have contacted you and the original lender. Put your £1 cheque/postal order in each request and post. keep copies of letters and postal order numbers. Then even tho it's statute barred, you are doing double whammy. you'll find the CCA request template in the section at the head of the forum, just add the bit I suggested.
yep sounds like its def statute barred to me (6 years in england, 5 years in scotland) who are the DCA? i'm a newbie here, plenty of people on this site will give you really good info, there;s a template letter on this site;
No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I 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.”.
The last correspondence/payment/acknowledgement of this 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.
Furthermore, the OFT debt collection Guidance states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
only other thing i would advise is definately send rec del! shame your local trading standards couldn't be more helpful:-? dont be put off by them as CAB gave me crap advice last week:-? i'm sure someone will come along and give you more infor re bailiffs and what to do about that (I would presume they've breached some regulations here, but i'm not well up on that!) it might be worthwhile phoning the office of fair trading now, i thinks its just a national number, but i found them very understanding on the phone. please let us know how you get on, i cant imagine the stress of this and 5 children (a babe too).
looked at the letters and the statute barred one is good it also states it's an alleged debt, so it wouldn't be restarted. but I would still send the CCA then you'll geta statement of account and you wil be able to see when exactly you paid last payment, cheaper than the £10 for DPA. I've stuck some other stuff in CCA letter from library. also send recorded delivery
1 High Street,
Newtown,
Kent
R21 4RH
June 28, 2006
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG
Dear Sir/Madam
Re:− Account/Reference Number 4563210025897412
I do not acknowledge this debt and even if this alleged debt did exist it is statute barred according to the Limitations Act 1980 section 5.
If you claim that the debt exists and is not statute barred then please supply me with a copy of this credit agreement. This is my right under sections 77 & 78 of the Consumer Credit Act 1974- your obligation also extends to providing statements of account. I have enclosed the £1 statutory fee under the CCA 1974 for this request.
According to the Act you have 12 working days from receipt of this letter to supply this information. If after that you continue to claim that this "debt" exists, I shall make a complaint to Trading Standards, The Office of Fair Trading and your own regulatory body.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and our correspondence to date will be supplied as evidence.
whats a ccj and how do i know if i have one??? and if i do have one does that alter my status on this debt being statue barred? to finally be sorted out last year and now just having another baby what a shock it was to get this.
I keep getting nasty phonecalls and leter after letter, the debt is for £189 not alot i know but alot to me especially at the moment.
my credit rating is fine.
thanx for all the help so far, i'm sure if they could do something wouldn't they have done it by now, one man said although this debt won't effect your'e credit we can still chase you for it, therefore i took it that legally they can't do anything...am i correct or will i end up going to court because there is a ccj i don't know about on me and end up with a crimnal record.?
thanx mel
you can't have a ccj or you would know about it. if you were evr issued with a ccj you would have got court papers thru about it giving you the opportunity to go to court and defend etc. and your credit rating would not be all right (tho it drops off after 6 years) if a ccj had been registered against you you would have had been ordered by the court to pay the debt maybe in installments. so you probably don't have a ccj if you send the letter i suggested you will also get details of any payments you made to them
when i last paid the debt in 1999 i moved 3 times in one year and never left a forwarding address so would i have a ccj and didn't get court papers cause they couldn't find me. how would i find out and should i find out.
whats a ccj and how do i know if i have one??? and if i do have one does that alter my status on this debt being statue barred? to finally be sorted out last year and now just having another baby what a shock it was to get this.
thanx for all the help so far, i'm sure if they could do something wouldn't they have done it by now, one man said although this debt won't effect your'e credit we can still chase you for it, therefore i took it that legally they can't do anything...am i correct or will i end up going to court because there is a ccj i don't know about on me and end up with a crimnal record.?
thanx mel
If you had a CCJ, then yes it would make a difference to the debt being statute barred, but the DCA has said in the above sentencethat he can chase for it but cannot do any thing about it. You need to send the statute barred letter and inform them that you won't be paying, as after this then they cannot chase you anymore.
A CCJ is a county court judgement and not a criminal offence.
Originally Posted by ecobabe
you can't have a ccj or you would know about it. if you were evr issued with a ccj you would have got court papers thru about it giving you the opportunity to go to court and defend etc. and your credit rating would not be all right (tho it drops off after 6 years) if a ccj had been registered against you you would have had been ordered by the court to pay the debt maybe in installments. so you probably don't have a ccj if you send the letter i suggested you will also get details of any payments you made to them
Originally Posted by mmljzta6
when i last paid the debt in 1999 i moved 3 times in one year and never left a forwarding address so would i have a ccj and didn't get court papers cause they couldn't find me. how would i find out and should i find out.
It is possible that this can happen, but it is clear from the DCA statement above that you haven't got one. A CCJ wil ldrop of your credit file but is enforceable in theory for ever.
debt from 1999 now contact till sept 2006
out the blue from a debt collection
Reply With Quote
Originally Posted by mmljzta6
