Hello Im new

[nelix]

I cannot tell you how pleased I am to find this very interesting site, Ive read the rules, and being a mod on another board for helping people with totally unrealated problems I will try to abide by them. Ive yet to read though all thats available on this amazing site but in the meantime I wonder if I can ask some questions. Im researching on behalf of my partner. The debt is over 6 years old. We are getting letters/ postcards announcing a visit from a "adviser" probably on a monthly basis, I wont mention the name of the company. Im keen for my partner to write and ask for validation of the debt, would that be the way forward? I understand the debt collectors have no rights as to gaining entry but Im unclear as to if they threaten CCJ action, how we will know. By letter after the event?

Can anyone help out there?

Im off to read the question and answer area now, no doubt will find alot of information there.

many thanks

N

[rory32]

Hi nelix and welcome to CAG.

 

If a debt has not been acknowledged, either via writing or making a payment, for 6 years the debt is statute barred. Debts can not become un-statute barred, so if it is statute barred there is no possibility of a CCJ being awarded and it is your partners choice whether the debt is paid or not.

[ukaviator]

Hello and welcome to CAG. The debt looks like it is Statute Barred, so a letter to the company should be sent a.s.a.p.

 

Is it important to start the letter:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters across the page.

 

Letter M here would be a good place to start:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Uk

[nelix]

wow, what a service! thank you for the replies. I need to get something staight in my own head. Writing to them and saying we do not acknowledge the debt, I get:) but Im slightly uncomfortable about actually saying they havent contacted us in 6 years because bless his heart, the little old head has been stuck firmly in the sand, so is my best bet to write and ask for validation of the debt? and request all correspondences are in writing in the future? From what I gather on here, they have to send us details of the debt, that seemingly has been kicked about like a football.Needless to say it seems to have trebled in size with extra interest, all of which we have NEVER had a brake down off. My other question is how long do they have to reply, is it 40 days and if they dont what am I doing then?

Once again, thank you for the warm welcome, you have taken a huge weight of my mind.

My apologies if Im asking too much basic stuff!

N

[ukaviator]

Yes do all corespondence in writing. Don't sign any of the letters though. It would be wise at the moment to not sign anything. The letter M, you should send straight away, and mark it with :

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I would just give them as long as it takes. You may not hear from them again.

[nelix]

once again thanks, think you can tell you've lifted a big worry off my shoulders! Sending letter today and will sit back and wait.

N

[ukaviator]

Great . .stay positive, and let us know how you get on.

 

Uk

[nelix]

Hi guys,

my letter is ready to send off but there is just one thing Im muddled on. Am I sending a £1 PO with it, as Im asking for the records of the debt? and if so do I reference it in the letter or just inclose it and wait to see if its cashed.

Once again thanks,

nee.

[ukaviator]

I would reference it. It gives them no excuse if they can't comply with your request.

[nelix]

will do, great service!

[nelix]

:o

[Hippy-chick]

Hi guys,

my letter is ready to send off but there is just one thing Im muddled on. Am I sending a £1 PO with it, as Im asking for the records of the debt? and if so do I reference it in the letter or just inclose it and wait to see if its cashed.

Once again thanks,

nee.

 

Nelix - you're sending a CCA - yes? In that case you need to enclose a £1 postal order. I would state in the letter that these monies are solely for the CCA and must not be used as part payment of your account.

 

Don't sign it with your usual signature. And send the letter recorded so that you get proof of delivery.

 

Btw - can you tell us who this debt is to? Because if we know this we can get this thread moved to the appropriate forum so that more folk in the know come along and help you.

[nelix]

Its cabot, and I read with amazement at some of their antics. The strange thing is the amount is nothing like the original amount, its almost trebled, but Im guessing this is the norm'

We have had a countdown of threats of personal visits, nothing happens. I really do want to get this sorted.

Since becoming a member on here I cant tell you what a weight has been lifted from my mind. I pratice CBT in my personal life and ask myself what is the worse that can happen, I will not be bullied!

[ukaviator]

Hi Nelix

 

I have moved your thread for more help when needed.

 

Good luck

 

Uk

[nelix]

thank you. This is one heck of a site!!!! Ive now written my letter and Im sending it special on monday, with our £1 fee and a letter that says this is NOT to be used against the debt...etc etc. I guess I, or rather my partner, is at the begining...Im wondering if anyone can pre emp' what is likely to happen with this cabot (in my head its' carboot sales..tee hee)

[rory32]

You'll probably get a letter back from them stating that they have placed your account on hold and it could take up to 28 days to get a copy of the agreement. That may be the last that you here from them for some time.

[nelix]

Ive sent the letter this morning but he recieved another letter from them. Im guessing its box standard and have been covered over and over here ,but could some kind soul give me an opinion?It is headed up...Final demand, your account is now with the pre-litigation department. They go on to state a charge against our property( we rent:| ) could be made or a deduction against wages could be made, if we dont contact them. Up to this point they have NOT had any payment from him and just to remind you this has all started up out of the blue from a debt that is borderline 5 years old. So my question is, Ive sent the letter, they should get it tomorrow, am I right in thinking we need to sit back and wait for this validation at this point???

One thing Ive got to say is you guys have taken the complete fear and panic about opening these letters away:)

neelix

[rory32]

am I right in thinking we need to sit back and wait for this validation at this point???

 

Yes you don't need to do anything. The term pre-litigation department is often used by these companies, but is absolutely meaningless.

[Mad as Hell!]

Hello,

 

I'm new to this and thought I'd jump on here!

 

Could some one advise me please as nelix's case seem like mine! Basically I have recived a letter today out of the blue from Red Debt Collection Services regarding a debt for 2001, the letter I've received today contained a Statutory Demand in it which I think now means that Red are trying to declare me Bankrupt, but I thought under the Limitations Act 1980 my debt was now statute-barred??? I'm confused as I don't know what to do now.......Do you think that red are trying to scare me with the Statutory Demand?

 

Please advise me as I'm mad as hell, also in the post today my fiancee received yet another Bank Charge which didn't help the mood!

 

Thanks

[rory32]

Do you think that red are trying to scare me with the Statutory Demand?

 

Yes. If the debts statute barred then it will remains so, that being said it is still best to apply for a set aside (doesn't cost anything) as it's not completely uncommon for there to be a rogue payment on the account just before it became statute barred.

 

You need to start your own thread on this to ensure that you get lots of help and advice on this and your posts don't get lost in this thread.

[Mad as Hell!]

Thanks for such a quick reply!

How can I find out if the Debt is Statute Barred or not can I send some kind of letter to find out? also how can I apply for the Statutory Demand to be set aside without acknowlegeing the debt?

i would start my own thread if I have a clue how to do it???

[nelix]

hey everyone,

that comment about a "rogue payment" got me very interested, can you explain more for the blonde???

[rory32]

i would start my own thread if I have a clue how to do it???

This link will tell you how to get around the site http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

How can I find out if the Debt is Statute Barred

I would first of all send them the statute barred letter via recorded delivery here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template M. You may as well ask for a copy of the credit agreement while you're at it (template N).

also how can I apply for the Statutory Demand to be set aside without acknowlegeing the debt?

Quite easily. Start your own thread and post a link and I'll explain it.

that comment about a "rogue payment" got me very interested, can you explain more for the blonde???

Occasionally a single payment has been found to magically appear on accounts just before the account was statute barred, this starts the six year clock ticking again from when the payent was allegedly made by the debtor. Those who are aware of their rights and have asked for evidence of where this payment came from have found that the payment magically disappears. I must point out that this has only very rarely alleged to have happened.

[toolongtooshort]

nelix.

 

Don't worry about the template letters that arrive with threats of pre-litigation, charges against properties or attachment to wages.

 

The key words are 'could' & 'may', which translated mean that they more than likely won't, but the letters/demands are designed to make you think they will, and to worry you.

 

Stick with the CAGers here and you will get fantastic advice and support all the way.

[Mad as Hell!]

This link will tell you how to get around the site http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html I would first of all send them the statute barred letter via recorded delivery here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template M. You may as well ask for a copy of the credit agreement while you're at it (template N). Quite easily. Start your own thread and post a link and I'll explain it. Occasionally a single payment has been found to magically appear on accounts just before the account was statute barred, this starts the six year clock ticking again from when the payent was allegedly made by the debtor. Those who are aware of their rights and have asked for evidence of where this payment came from have found that the payment magically disappears. I must point out that this has only very rarely alleged to have happened.

 

I've now started my own thread and have been give alot of advice but I'm still really worried. My thread is;

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122710-debt-collection-services.html