New Here - advice on old debt please!

[debs4th]

Hiya, ive spent the last few years getting lots of debt out of the way, ive just been reading through alot of your advice and i nowthink i have one debt i dont have to pay, I had a letter form Buchanan clarks and wells about a debt to barcleycard wihch i had in 1999/2000 it says purseuers are Cabot financialeurope limted and the amount is just over a grand - the actual debt what i remember was £500 ish, I rang up and have a arranged to pay back £40 a mth, but i now wish id waited as from reading things on here im not sure if i have to pay it with it been old/????? any advice - now that i ahve made a payment is it just tough luck to me im a bit confused!!

[tomterm8]

if the limitations period of 6 years (in england) has run its course, then no new payment will restart that limitations period running.

 

The questions are:

1. Did you spend an entire 6 year period without acknowledging the debt in writing and,

2. Did you spend an entire 6 year period without paying them any money?

 

If you can answer both questions "yes" you are not legally obliged to pay them any money.

[debs4th]

Hi, i dont think i hadany contact - im not 100% how do i found out - should i ring up who ive paid -if so what do i say or do i just not pay any more , ps thanks for your help

[sequenci]

it's written contact debs

 

the great thing about the limitation act is that the burden of proof is with the creditor to prove you have had contact, i.e. they would have to have had a letter of admission from you.

[debs4th]

Thanks- they deffo dont have any written proof, what advice would you give as to what my next step should be?

[sequenci]

familiarise yourself with this fact-sheet and then send them a version of the letter at the bottom!

 

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

[The GodMother]

write to bcw.

 

The letter needs to go summing like this.

 

Dear sceeming idiots,

 

re acc no XXXXXXXXXXX

 

I DO NOT ACKNOLEDGE ANY DEBT TO THIS COMPANY.

 

tELL

[The GodMother]

write to bcw.

 

The letter needs to go summing like this.

 

Dear sceeming idiots,

 

re acc no XXXXXXXXXXX

 

I DO NOT ACKNOLEDGE ANY DEBT TO THIS COMPANY.

 

tell them it is statued barred then tell they were to go.

 

sequenci will be able to help u with a letter.

[pt2537]

it's written contact debs

 

the great thing about the limitation act is that the burden of proof is with the creditor to Prove you have had contact, i.e. they would have to have had a letter of admission from you.

 

 

just made a little corrrection for ya:lol:

 

i take it you wrote that before your morning cuppa

[sequenci]

lol. well spotted mate.

 

i'm multi-tasking like mad. the day job has gone mad due to the eastenders debt story + gmtv giving our number out.

[pt2537]

thats jolly good of GMTV isnt it,

 

you want to put a recorded message on the phone saying " Due to lack of interest weve all gone home"

 

that should stop people calling you:D

[The GodMother]

yer that does sound like a good idea paul. Might use that as my answer phone message.

 

sequenci were do u work?

[sequenci]

yer that does sound like a good idea paul. Might use that as my answer phone message.

 

sequenci were do u work?

 

I work for one of the major debt counselling charities/money advice organisations , it wouldn't take a rocket scientist to work out which one.

 

[pt2537]

they are a "National" one you might say:D

[The GodMother]

or rite.

 

|Nice to no i might get threw to u one day.lol.

 

Any way Paul i hvae decided to use your answer fone message on my mobile and home fone. Not that DCAs call either of them as they would need to no the correct number to call me not hte one it got changed to.lol.

[sequenci]

they are a "National" one you might say:D

 

arrrrghh! you know too much

[debs4th]

THANKS!!! Im gonna send that letter tomorrow - thanks for your help debs xx

[The GodMother]

i dont know to much lol that is why i am on here. Debs you are welcome