New Member, how i got here.

[mc6pack]

Hey Guys,

Signed up today and would like to explain how i got here :

I recieved a phonecall from Mhall yesterday regarding an 8yo Credit Card Debt, their representative was rude, aggresive and arrogant, luckily being the person I am I did not cower in the corner I felt I was being pushed into but planted my feet and shoved back, telling this rude, arrogant person that I didnt care who he thought he was or who he represented that I would not be spoken to in such a manner and abruptly ending the call. However after my initial reaction I immediately felt the strain an panic of impending financial doom. I immediatly went online and found a free FA to seek advice (Bains and Ernest), I was advised by one of their staff to start paying it immediately "you dont want baliffs coming to your house and seizing your kids christmas presents do you", he also told me that I could expect court action if the payments i offered werent in 3 figures per month even after explaining my current situation (being unemployed with 2 children. I ended the phonecall feeling even more dismayed with my position but luckily didnt take his advice or give him permission to contact MHall and arrange a payment scheme on my behalf.
Today - with a fresh mind - I decided to seek out more options, thats when I found The Consumer Forums. After a mere 10 minutes of reading I felt the Grey clouds lift, as you know and i now know an 8yo debt means that it is Statute Barred and cannot be persued.

I would just like to say THANKYOU ! The wealth of information, previous shared experiences and links to usefull resources on the rest of the internet on this site is AMAZING and has not only saved me alot of time, money and stress but also given me the tools and knowledge to launch a counter attack on these charlatans. Keep up the good work guys because you truly do make a difference.

Three cheers for The Consumer Forums !!!
Yours Thankfully
Alan

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

[Josie8]

When did you last pay or acknowledge the debt?

[mc6pack]

Im fairly positive that I have never paid or aknowledged the debt, I ran it up after coming out work in 2001 during a silly phase in my life, I moved residences 3 or 4 times during the following 2 years. I recieved letters to my mothers address from Barclays shortly after i ran up the debt but never replied in writing or offered payment. There has never been a CCJ given against me for the debt either - which is suprising. I have asked them for details of the account and as soon as they send it I will reply with the CCA letter and upon recieving the details, if all is well, i will counter with the Statute Barred letter.

Will their reply to the CCA letter contain a record of any payments made to the account ?

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

[Josie8]

Doubt it, you will need to Subject Access Request the original Creditor but I would send the statute barred letter in any event if you're sure about not paying

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[Rooster-UK]

If you have not paid or acknowledged the debt for more than six years, then it is statute-barred.
This means that, although you still owe the debt, they cannot chase you for it.
Click on the following link......

Creditors and DCAs - Letter Templates & Budget Planner

Now scroll down to letter M.

Copy into MS word or wordpad and edit to suit your own details.

Regards, Rooster.