Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Barbacus Novitiate

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    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 Eggicon 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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  2. #2
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    Default Re: Time limit on debt collection???

    I am no longer welcome on CAGicon

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  3. #3
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    Default Re: Time limit on debt collection???

    limitation acticon 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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  4. #4
    Basic Account Holder Barbacus Novitiate

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    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.


  5. #5
    Basic Account Holder Midori Novitiate

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    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


  6. #6
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    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 templatesicon - I'll get you the link.

    EDIT

    Letter M here


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  7. #7
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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 barredicon DEBT


  8. #8
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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.


  9. #9
    Basic Account Holder Midori Novitiate

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    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


  10. #10
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    Default Re: Time limit on debt collection???

    Not worth wasting a stamp on this one.


  11. #11
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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 barredicon and they can take NO legal action for recovery. If they send you any more demanding letters report them to TS.


  12. #12
    Basic Account Holder Midori Novitiate

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    Default Re: Time limit on debt collection???

    Thanks, all.

    Cheers, Midori


  13. #13
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    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.


  14. #14
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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 DCAicon can actually do.


  15. #15
    Basic Account Holder gerd2901 Novitiate

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    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 templateicon letter and see what happens. Many thanks for all the info.


  16. #16
    Basic Account Holder Midori Novitiate

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    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


  17. #17
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    Default Re: Time limit on debt collection???

    Quote Originally Posted by Midori View Post
    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
    Other than bluff and send empty threats there is nothing they can do on a statute barredicon debt.:o


  18. #18
    Basic Account Holder Midori Novitiate

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    Default Re: Time limit on debt collection???

    As at today's date, red have got to the stage of offering me a 50% deal--I should cocoa!

    Interested to see their next move. They don't have a phone number, and I'm not going to be daft and give 'em one!

    I'm fascinated by this whole subject, and seeing how far they will go with it....

    Cheers, midori


  19. #19
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    Default Re: Time limit on debt collection???

    Quote Originally Posted by Midori View Post
    They don't have a phone number, and I'm not going to be daft and give 'em one!
    Give them a useful number. Not your own of course!


  20. #20
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    Default Re: Time limit on debt collection???

    Quote Originally Posted by make them aktiv runners View Post
    Give them a useful number. Not your own of course!
    I find the local police headquarters a good one along with the extension number for the Fraud Squad:o



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