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Shoos chasing 15yrs old NR shortfall - statute barred!?


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Hello,

 

In 2007

I received a letter about a mortgage shortfall from December 2002, a payment had not been made to the OL since around April 2002.

 

The OL sold the property in 2002 for around 40% below market value (in comparison to other properties in the street that were sold around the same time) and valuation.

 

 

I sent two SARs to the OL (The Northern Rock) in 2007 in order to see how the outstanding monies for the property could be at such a discrepancy to value, I wanted to ensure that CML guidelines had been followed correctly and that best value was attained.

No responses were made to my SARs.

I argued all relevant points with the solicitors representing the debt company regarding this and SAR'd the debt company.

 

After this everything went quiet until 2013,

same scenario with a differencing representing solicitor firm,

my response the same as previous,

their response "we are closing this case".

 

All quiet until 2017, again a different representing solicitor firm around 6 weeks ago,

3 letters later of "we represent our client and we need you to send us details of your income blah blah...."

 

I have not acknowledged this debt and the debt has never had a payment made against it.

I have read the OFT guidance on statute barred and as all will know 12 yrs for mortgage.

The only "but" is the statement that as long as a creditor stays in regular contact then it isn't seen as unfair to pursue.

 

 

My argument against this is that every time I have been contacted I have never received satisfactory response and the situation has been closed.

Now I am seeing repeated contact over long periods of time as a means of prevention of said debt being classed as statute barred, which is feeling like an unfair practice to me.

 

Can anyone advise please?

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its statute barred

bet this is drydens?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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trying to sc@m you...

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have to say that when I received the first letter I was a little shocked as thought I wouldn't ever hear anything again due to the age of the debt, I was wondering if the DCA is getting a bit desperate........or maybe this is just automatically generated rubbish as they have shifted to Shoosmiths :roll:

 

Out of curiosity would you simply continue to ignore or should I inform them of the age of the debt and the fact it is statute barred and nothing else or do I once again furnish them with the information that I have on the last two occasions?

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it seems maybe best to ignore if poss, over 12 years with no payments nor acknowlegement. the longer the better.

they'll prob continue to send things as entitled (letters from a collector doesn't acknowledge).

but if it gets serious eg re a claim...

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Jason Hi...It would appear that Arrow Global using Shoosmiths as their mouthpiece have purchased a parcel of old debts and are chancing their arm.There are 4 or 5 of us in the same position indicated in your opening Post.I am sure they have not produced any Letters of Assignment to you,have they?????

 

FS

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Cheers, was wondering how far they would go until they pushed it a bit, will await another letter and see what occurs I think!

 

With Shoosmiths, going by similar threads, they will continue writing to you, unless they have info to go back to their client on. So if you are 100% sure no payment or acknowledgement since this debt was created in 2002, then write back suggesting they need to advise their client that the matter is statute barred and no further communications will be entered into.

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This may be the way to go to end this quickly.

 

 

Hello FS,

 

I got a notice from Arrow in 2013, a "solicitor" contacted me, I replied, SARd etc and the matter was "reviewed and the file now closed".

This is the first I have heard since, 4yrs later, 15yr old unacknowledged debt, no payment ever made but a different "solicitor

 

I have asked questions about the legitimacy of this debt, for it to be substantiated and have never received anything at all, case closed on each occasion but like a bad smell here another one pops up :mad2:

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Agree with the above - write to them stating the alleged debt is statute barred (we have a letter for that), send by recorded delivery so they can't say they didn't get it - keep a copy of the letter and print off the signed for receipt a few days after posting - keep in a safe place in case another letter pops up in the future.

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