I know that there is no law against chasing a statue barred debt,but why do these companies even bother/ Scare tactics etc?

thought as much.. told her to get an up to date check on her file... she has no debt other than her car

Hi guys, been a long time since I was on here, I finally got my credit rating and history all cleaned up and clear!!! Anyway.. out of the blue the other week, my partner received a letter from Tower Investigations Ltd, which was pretty vague, asking to get in touch regarding confirmation of identify and some information verification. I told the other half to ignore it, especially as it made no reference to any sort of debt owed etc, I naturally assumed it was a fishing trip So today.... The exact same letter arrives along with a similar letter from Global Debt Recovery, basically asking to ring them about a supposed account that they are responsible for. Again there is no reference as to who or what this actual debt refers to other than to ring up and arrange payment. Payment for what??? This all seems really bizarre particularly since its totally out of the blue. My main concern is that she may have had her identity stolen??? Any advice on this please guys?

As far as enforcability is concerned, Im still not sure (posted the bits and pieces up here and had nobody manage to determine whether it is or isnt... looks more reconstituted than anything else). Ive sent two letters now basically stating the above, that I want it in writing regarding CRF and not selling it on etc, and they ignored that. So you say a reduced offer is the way to go? Cant see them doing anything, if they refused the first offer, let alone a lower one

Just received a letter from the above basically saying they have removed my telephone number from their records (as I stated that Id already reported them about harrassing phonecalls - likely story). Anyway.. Im still waiting for the deed of assignment and also awaiting a response to my reconstituted agreement argument. However I had also offered a full and final settlement of £500, which they have refused, but have made a counter offer of £1800 or thereabouts.(still not sure if the account is enforcable or not but expect not) I had implicitly asked for any counter offer from them to state in writing, the following. 1. That upon any offer being agreed, this would be seen as full and final settlement and that my account would be marked as such with all credit reference agencies (IGNORED) 2. That upon any offer being agreed, that they would not attempt to sell on any remainder to another DCA (IGNORED) 3. That upon any offer being agreed, that any default logged by them against me would be removed (not likely to happen, but IGNORED) So basically they have looked at my offer, arent happy with it and basically picked a figure they will accept, but without any of my terms being met regarding settlement, selling on etc. Any ideas on next course of action? Should I up the offer? Reply back asking again for my terms to be put in writing? Not sure what to do next. Any advice appreciated

One other question. Can I still claim back any unlawful charges (over limit charge, late payment charge) from MBNA? Is the six years from say todays date or 6 years worth of the charges prior to 2006?

Getting a bit confused by this bunch of jokers now. After my letter sent to DLC regarding missing terms and conditions, reconstituted credit agreement etc Ive received a letter from Hillesden's and a letter from DLC both dated the same day 16th. The one from Hillesden's explains that they are going back to the original creditor etc etc and that my offer of settlement (which I made with my terms) would have to be dealt with via phone (not likely), and I will be updated on developments within 21 days The one from DLC, basically goes along the lines of 'we have made numerous attempts to contact you to agree a repayment programme, account being passed to the Debt Surveillance Programme (whatever that is) to assess my suitability for litigation. Do DLC not speak to Hillesden's? Considering they are the same company Im suprised they actually manage to stay in business. Any ideas on what I should do next? I will not be offering anything over the phone and they have completely ignored the fact that I offered a settlement on my terms (of which they stated, even if the accepted my offer, my account would only be left settled and not satisfied, and the default will remain) So any ideas??

Difficult to keep a standard post on the forum for a bigger view on this subject, so would ask all of you in the know if you would say that my CCA is enforcable? Front Back Other Sheet 1 of 5 (with different address on it)

Last payment on account was May 05. A default was entered by MBNA but was later removed after the debt was sold to Hillesdens who then entered a default on Dec 05, which doesnt make sense to me

Thanks... so this could equate to it being statute barred in May 2011. The default was logged in Dec 2005 so that will come off in Dec 2011. Still need to make sure that what they sent me isnt enforceable

The thing about payment under duress... how would this work? Ive noted that that there was a payment to DLC made after being threatened that goods would be removed from my parents house

Its ex-gratia and I mentioned in the offer that it was not an acknowledgement

Is this last payment to the original creditor???? If it is then mine is statute barred surely... bollocks!!! and Ive just sent Hillesdens an offer!!!

Got the exact same letter from them. About 2 weeks later received a torn of slip with my signature, some random statements (showing that it had been sold) and 5 pages worth of T's & Cs which had nothing to do with the torn off signature slip. Ive asked on the board here if what they supplied was enforceable but I havent had a clear indication of it yet. Ive sent a new later to Hillesden/DLC basically arguing that they have sent a reconstituted agreement and that my account is still in dispute and unenforcable. Mind you I have also tried to chance my hand at a final settlement figure so long as they remove all details registered against me and mark the account paid in full. In your case I would wait to see what they come back with. Hopefully they have nothing, but should you get something back, scan it and post it on here (minus any personal details) and Im sure that somebody more informed than me will advise

This is the letter I will be sending as I have decided to try and make a settlement offer to DLC/Hillesdens Comments appreciated ACCOUNT IN DISPUTE – I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY Dear Sirs,* Your Reference No: I write in response to your letter, received on 06/09/2010 In my original letter, dated 22/07/2010, I requested a 'true' copy of the credit agreement relating to the account detailed above. I expected to receive an exact copy of that which you hold in your records i.e. a copy of the agreement which is signed by myself and your representative.* If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc. Whilst I appreciate that under the regulations you are able to supply a reconstitutes agreement to adhere to the original CCA request could I also point out the several discrepancies within the information you have supplied; Prescribed Terms: Amount of Credit (if any) Prescribed Terms: Credit Limit (if any) Missing Terms and Conditions relating to default charges In considering my request, I ask that you take a common sense approach and do not hold to the line that you have provided all that is expected of you nor the recent test case in Manchester, namely and to be known as: Carey v*HSBC*Bank Plc [2009] EWHC 3417 (QB) (23 December 2009). I make my request in good faith and I feel it is a nonsense approach to hold to the idea that you won’t provide this document because you simply don’t have to. PLEASE NOTE: I also take note that this alleged debt was purchased by yourself from MBNA. Furthermore, evidence suggests that this was purchased at a rate of 6p to the pound which would equate to approximately £262.92. In view of this figure (which is approximate based on current practices), I propose the following. In addition to the £653 that has been received by your company, an arranged payment to you/your company of £500 (a total of £1153) (within 21 days of your accepting this offer) on the proviso and guarantee in writing from you/your company that you/your company will on receipt of this amount; 1.You will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full. 2.Any subsequent default/adverse data reported by your company be removed from all 3 Credit reference agencies 3.You will not resell or pass the account to a 3rd party after complying to paragraphs 1 and 2 I hope that you will find my request agreeable to both parties and look forward to your response within 14 days. Yours faithfully