Hi, Thought I would reply here as it has the whole story from the start .... I have been getting letters from DC's every so often . To be honest I have been not reading them as I though whats the point - i am pretty sure its statute barred anyway - let them write! However I did open the last one and I am quite worried now ! Its from PastDue and it says : NOTICE OF IMPENDING ACTION You have still not paid off the above debt. Unfortunately this means we may have to recommend to our client that they should issue a claim against you in court. WHat this means should the claim be successful * you may owe more as the amount may then include legal costs and /or interest *you may have difficulty obtaining credit, a loan or a mortgage in the future Blah blah Then goes on about ways to pay them . I had not written them the statute barred letter as I thought maybe they would back off after the dates ! Not sure what to do now though - first letter I have had thats mentioned court and I am worried !!

Thank you Muchly !

Thanks for that , I think i best give them my new address , I still have visions of them turning up on my Mother in laws door at my old address !

Thanks , I think I will send them the In dispute letter and leave them to it ........ am i right in thinking that the cca letters i sent in the past to 2 different dca's - apex and aic , that this current dca is in breach because i have still not received what i have requested from the others ?

Thanks for quick response! , Yeah i have only written to them asking for ccas, so hopefully that would not count . I guess I need to find out when that 5 years started . The item i purchased that this debt is from was on the 1/4/2006 - so i was due to start paying on buy now pay later a year later - 1/4/2007 - so 5 years would be 1/4/2012 ? Not too sure if this applies with buy now pay later? If it did and the deadline is only a few months away - does anyone think i should return the letters saying i do not live at the address they are posting them too - to bide time? As i am only getting these letters as i am picking up the post from my last address Thanks again

Hey, Thank you for the thoughts everyone, I have been away past couple of weeks so not had a chance to look into until this week . I found this on a debt watchdog website : "What is a statute barred debt? Statute barred debts are debts which cannot be legally enforced. The Prescription and Limitation (Scotland) Act 1973, Section 6 limits the timescale which a creditor can take legal action to recover their money to 5 years, provided the following conditions are met:- There are no outstanding decrees against you, AND No payments have been made towards the debt for the last 5 years, AND No written communications with the creditors have taken place acknowledging the debt." ...........Now I am not sure what decrees means ? And I would assume since I have been asking for ccas from Apex etc before that this would class as written communication with creditors acknowledging? Not too sure on the rules with this one . Also was going to send a "in dispute" letter but thought maybe i should waste a bit of their time , as since I have moved house and they keep sending these letters to my old address where i stayed with my family - do you think it would be a good idea to return the letters stating i do not live there - which is true? Dont know how they get addresses - they may be able to get my new address just as easily - not too sure of the methods they have for getting details on people ..... Cheers

I never actually made a payment , it was on buy now pay later , I had moved house in 2007 when the payments were due to start a year after first purchased and forgot to update the place i originally bought the camera with my new address at the time and a year later got the first request from aic debt company for over £5000 .

Hi, My last correspondance with them was when I sent them Apex a letter stating that this account was in dispute with aic stilland that was on in July 2009 Thanks

Hello all, maybe i should have started a fresh thread but since the posts above show my history thought it mught be best to follow on from this . Long story short : Bought a camera on BNPL in 2006 , moved house and forgot to advise them of address and missed payments until i recivied a letter from aic and then asked them for a cca , then did not hear until Apex a year later who then I replied asking for cca - no response .... Since my last post above in July 2009 i have not heard a peep from Apex or AIC.......until a few days ago when i heard from a new company : ( I received a letter from Capquest debt recovery stating this amongst other things : " Balance due £5364.96 and that my account has been sold to them and the matter will not go away and that if a satisfactory payment programme is not established or i fail to comply with their request to contact this firm they will not hesitate to utilise the legal system to its full extent. If i am not in a position to settle this account in full i will need to contact them to discuss a suitable solution to this matter by the 5th January - NO CONTACT WILL MEAN FURTHER ACTION " I also recieved a letter from Barclays advising that on the 12th december my account was sold to capquest . Which is odd because i never recieved a letter before advising debt had been to sold to different comapnies? The letters I got a few days ago were to my old address as i had been living with my partners parents for 3 years until last month , so they have sent it to my old address , which all the other debt companies had been sending to . I have still not been sent any CCA from any of these companies Not too sure what to do ?? Have any rules / laws changed in past couple of years that i should know about that might affect me? Any advice on what to do ?? I hate this !! As soon i start to thing they have forgotten i get these letters - my partner gave me this letter ( that he had picked up from his mums house ) on Christmas morning ! Thanks in advance

Now i am having second thoughts and just thinking about full and final settlement...... i would love to fight this but it is difficult to stand my ground when i am staying at someones house - i do not think i can put anyone else through it ...... How likely is it do you think that they would accept £ 1000 , they say £5300 is outstanding but it only cost £2500 approx , and was interest free for a year , so between april 08 and november08 ( when i cca'd aic ) somehow the interest has doubled? I would be able to borrow £1000 if they accepted it m it may be the best option for me .... anyone think they would take the bait? or would they just be greedy for more?!!!

Hey , my other half has persuaded me to write another letter to ease his mind a little - he is more worried about me than a knock on the door! so if i put down what was suggested : Dear Sirs Please find enclosed a copy of a letter sent to you on (date) and signed for, by Apex, on (date). This is my final correspondance on this matter. If you do not understand any of the contents, may I suggest you seek legal advice. Yours Should i add anything along the lines of " if i continue to receive any more demands for payment without a valid consumer credit agreement being produced then my next step will be making a formal complaint " ??? i get scared adding anything in case i open myself up too anything...... if they do continue without a cca , can i make a complaint to them ? is that the next step ? Thanks

i will probably not send one then..... i was thinking this might sound silly... but i was wondering about collecting proof if they ever did come round to the door and the only thing i could think of would be opening the door witth a camcorder in hand?? how do you think they would react? pi**** off perhaps : ) anyone else done this?

OH i forgot - should i request a cca from them?

Hi , i really appreciate the quick reply , yes i did add at the bottom about not coming to the house...... I posted it to the address at the bottom of the letter .... is that the right address? If i have not been sent my cca by anybody , is it likely they will start court proceedings , ccj etc? If they do come to my door what is the best thing to say? my future mother in law i imagine will be within earshot and i am extremely anxious that they will make a scene and i just want to close the door on them - but fear they will just keep ringing the doorbell!

Hey .... well i sent a letter like the one a few posts up , stating that this account was in dispute with aic still. i sent it on 16/07/09 by special delivery 4 days before my 20th july deadline they gave me to contact them . Today i have recieved a letter from them stating : Home visit appointment - (in a big box at top of letter) re barclays partner finance - jessops Xxxxxxxxxxxxx debt outstanding £5,319.96 We wrote to you recently after out investiagtions proved that you are a resident at the above address . we note you have failed to make contact.Our client has now formally requested that we commence proceedings to recover the outstanding debt. You are now at risk of your account being passed to an external doorstep agency who will arrange a visit to your property. To avoid a home visit at a time that may not be convenient to you , you must call our office without delay . There is an opportunity for you to make payment to avoid an agent attending your premises. to arrange a more suitable time or to make a payment , it is imperative that you call one of our agents on xxxxxxxxxx Yours Sincerely What should i do now?? i really cannot take this .... if you see my previous posts in this thread i live with my boyfriends parents and the thought of them turning up at my doorstep makes me feel ill........ Why are they not responding to the letter i sent? is what they are doing wrong? any suggestions would be great ....... i feel maybe i should get together as much money as i can to offer full and flnal ....... though i still dont understand the interest in a year has doubled!! Also do they mean they will turn up at my door or another company?

Thank you soo much for your help guidance ..... i bought the camera back on the 01/04/2006 , i have read in various posts that something happened after the 06th April 2007 regarding the cca agreement law ? i really do not understand ? can anyone advise what changed? as i was before this date ( just!) what difference does this make for me? Also when you sign a agreement they give you a copy do they not? does that mean if you had one you would be able to see if it was enforcable? Thanks

i think t was £2500 , though i knew there would be interest from oc if i had paid as normal.......though how does it get calculated if you default? can they bung on as much as they want?

Hi thanks for the quick reply , i just keep thinking surely there will be a document somewhere that they will produce...... and i imagine they will get ccj if i do not respond in next few days...........i really am annoyed, i would feel so much more at ease to fight these dca's if it were not for living in someone elses house - THAT is where my real stress is coming from - them finding out

Hi, i have debts with 3 companies, i am paying all but one off every month minimum payment no problem , but 2 days ago i recieved a letter from apex asking for £5300 for something that i have not even started making payments to ( for a camera in 2006 - i moved and forgot to tell them where i lived so did not pay ) i am keen to get this resolved and was going to send letter for unresolved dispute ( aic sent me postcard in november last year i cca'd them - no reply ) but i do not think i can go through the waiting and them harassing me .i live with my boyfriend parents and if they phone / turn up at door i think i may have move out so it is really important i find a way to sort this out before my boyfriends parents find out about this, i have put up different post regarding undisolved dispute but now think f & F settlment might be the way if they accept - i might be able to get a loan friends/ family £1200 ish do you think they may accept this? also am i allowed to do a f & f for just one debt since i am keeping up the repayments with all the others fine? Thanks in advance

Thanks for all the useful info, i am a little unsure about which dca i put in wher in the template - if i paste the letter that i am going to send here can someone please make sure its right!? thanks! Also it seems apex are very keen on returning letters advising debtor to go to OC for cca .. is there any paragraph or something i can add to this letter to prempt this? i would like to have as little correspondance with them as possible. Also i have clearly stated in this letter that i wish to recive correspondance in writing only - if they call after they have recived the letter what should i say? i have never spoken to a dca before! Also my in original post the first line that they wrote in the letter i typed was " Our client has requested we contact you to arrange payment of the full outstanding balance. " So who owns this debt? apex ? aic? or is it back with barclays/jessops? so confused.... : ( The postal order do i just ask for one at the po and write apex address on it ? what does uncrossed mean? should i send it special delivery? many Thanks sorry about all the questions ACCOUNT IN DISPUTE Your Reference: is this my original aic reference? Client reference: apex reference Dear Sir or Madam, I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with AIC and has been since ***Date*** Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 As AIC is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to AIC for resolution of these defaults and breaches, as APEX cannot lawfully pursue any enforcement activities. If APEX chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. I hope that this will not be necessary and an acceptable solution can be accomplished. Please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat. I now require all further correspondence from your company to be made in writing only. Any phone calls will be recorded. I would appreciate your due diligence in this matter. Yours faithfully Print do not sign your name

Thank you so much for the speedy reply ....... my debts are as follows £10,000 lloyds tsb c/c paying £200 monthly - minimum repayment £5000 lloyds overdraft - is this included as debt? £70 overdraft fee monthly £4000 marks spencers c/c £70 monthly £5200 jessops credit / now apex not paid as of yet as i briefly mentioned before i am able to make my repayments for my others and have not missed payments - it is just this one that has messed everything up! Thank you for the template letter - stupid question - the template saying" english common law " i live in scotland - does that make a difference? One more thing - does asking for this anger dca's so they become less lenient if they can produce a cca and you have to cough up? i am concerned they will say " heres the cca now give us £5000 now!!" which i no way can do so i guess it would go to court ? I have been looking at payplan.com and scottishdebtline.co.uk they seem quite helpful . anyone have any experience with them?

Hi , i am up to my eyeballs in debt - £25,000 on a £14000 salary .i had been managing to keep on top of the minimum payments but last november i recieved a very sparce postcard from AIC asking to give them a call , that was all that was on it , i sent them a cca request in november to which i have not recieved a reply - until today i have received a letter from apex stating barclays partner finance jessops - £5319.96 Our client has requested we contact you to arrange payment of the full outstanding balance. We have made enquiries and sources have shown that you are resident at the address on this letter. Our clients have advised that previous atempts to contact you via other agencies have been unsuccessful and this potentially is your last opportunity to arrange payment before further actions will be considered. Our staff are fully trained to assist you with you;re current situation and have a range of options to help. If you are unable to pay in full and are experiencing financial difficulty, we strongly reccomend that you call us to discuss repayment of your balance. to prevent this matter becoming unmanagable please contact our officewithin 10 days from this letter. i think this debt has happened when i moved house i forgot to redirect my mail and when my payments were due to start i did not realise and they never got paid. the original item was £2500 approx - so a LOT of interest has been added. Should i call apex? do you think they will offer me a managable payment solution? do i send another cca since i did not recieve it from aic? i am currently staying with my partner at his parents ( have been for the past year ) and am REALLY concerned that they are going to call the house / visit as if my partners family found out i fear we may have to live elsewhere! I am also concerned as i will not able to stay at his parents for much longer and will have to pay a lot more in rent/utilities so have less to pay on debt. i am also worried that they will be able to apply for my earnings? as i do not want my job to find out either..... I was looking into Trust deed ? or a dmp ? i am so concerned about the immediate future and that they will just turn up on the doorstep or i will recieve a court order by the end of the week ? i do not know what to do?? sorry such a long post - i just wanted to make sure i gave as much information as possible Any help would be greatly appreciated !! Thanks

Hi there , i have just recived a few days ago a postcard from aic, which had nothing more than a note saying "please contact this number from blah" i moved house 18 months ago and had forgotten to update my address to my oc, and now am in this pickle of owing i do not know how much to aic, i am going to send a request for a cca to clarify what it is i owe, since looking at the forum it seems best that i do not phone them, i was just curious even though the only contact i have had to where i am living now is a postcard, can i add to the cca template letter that i only want to communicate through letters? i am really really worried as i am living with my boyfriends family and would be distraught if they called the house phone or turned up at the door. do i have a legal right that they cannot discuss anything with anyone else? or can they turn up at the door and say "hi we are the debt collecters wheres xxxx?" Any advice would be much appreciated! Thanks ! orange78