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Please advise, debt collectors


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Here it goes, back in 2001 my hubby had debt with credit cards, payments was always made ontime, before he went abroad intended for few weeks which turned into a few years instead. He has since returned to the UK 2 yrs ago and untill recently the credit card company in which he was in debt with have sent a letter advising that the account has now been assigned to a DC, within a week the DC company sent a letter stating the above and the following week a letter saying they now intend to take legal proceeding and a final opportunity to make contact.

 

Thanks to this site, CAB (citizen advise bureau) & National debtline, i am more knowledgable of the process,initially when i saw the letter i panicked and was going to maje a phone call to them but luckily i didnt. Anyway since the debt has been such a long time, i have been advised that our case may be statute barred, is it best to send a letter to the DC regarding this and leave the ball in their court to find evidence and we can go from there, if they do have evidence then we can negotiate the repayment? is this how it works or since we are actually willing to make these repayments, shall i just go ahead and send a CCA to find out what how he actually owed this. Would much appreciate your advise on this

 

one more cliche is my hubby doesnt really remember if its just one card he owes or a few,at this stage we have only received the one DC letter.

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I would think a CCA request would be your best way forward. Do not aknowledge any debt exists and do not contact the DCA by phone. If it is from when you say and there has been no payments/contact to the company from your husband then the debt is more than likley statute barred as as such un-enforceable.

 

Regards

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Hi Jess

 

Glad you've found this site - you'll get loads of help and support here.

 

Yes, I'd send a letter saying the debt is Statute Barred. Letter M here is a good template if you need one:

 

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

 

Remember to send it recorded delivery - and make sure your husband does not sign with his regular signature. Then wait to see what they come back to him with. It's up to them to prove that he owes this money and that it is not statute barred.

 

And - never, ever call them!

 

Keep us posted.

 

HC

  • Haha 1

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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2 threads merged. Please keep to one thread per subject please :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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So, in summary. Your husband owes money, went abroad, didn't pay his debts and now wants even more time to pay off what should have been paid years ago.

 

Instead of trying to get out of paying, (debt avoidence), PAY THE DEBT OFF. Do not listen to those who suggest debt avoidence. Do the right thing.

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My hubby had left the country during november/december of 2001, cant remember the exact date, so i guess currently he would be on the border line of being statute barred? how long should i leave it untill i respond to the DCA since the last letter received was dated 27nov. I just wanted to make sure ive researched enough info before responding, shall i send them letter letter A first

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Jess

 

The important thing is the last time he acknowledged the debt in writing or made a payment before he left. It does look like he's borderline - is there any way he can check this?

 

I would not send letter A. My feeling would be to try for the Statute Barred anyway, as it is within the timescale, and make them come back to you with proof that it is not Statute Barred. Remember - the onus is on them to prove it is not, not for him to prove it is.

 

Anyway, I'd try that first and see what they say.

 

Keep us posted.

 

HC

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Hi Hippy Chick, you're still up..guess its a friday night, thanks for the advise, he did continue paying 1 or 2 instalments when he was abroad, so its such a difficult decision to make simply because he really cant remember. we shouldnt really prolong this matter right ?

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Up to you jess. Your call. If you don't think it is stat barred, and not worth going that route - that's up to you.

 

In that case, given that it has been assigned to a DCA, you need to check that they have the authority to collect the debt. It might seem obvious that they do, but all too often they do not. So, in that case send them letter N from my link above. Basically, they have to prove to your husband within a timescale that they have the supporting paperwork to enforce the debt. If they cannot produce this within 12 + 2 days the debt is unenforceable - so it still exists, but he is under no legal obligation to pay.

 

Once you decide what to do, let us know. Remember, this is your choice. Whatever you decide we'll be here to advise and support you. Just keep us posted.

 

And - I'm usually up late at night here.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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you can send a CCA request just make sure you add the line stating you do not ack any debt to the dca. that will not affect the statute barring time scale.

 

infact it will prob guarantee that it will be barred by the time they bother to try and get the agreement [which ofcourse they cant anyhow]

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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you can send a CCA request just make sure you add the line stating you do not ack any debt to the dca. that will not affect the statute barring time scale.

 

infact it will prob guarantee that it will be barred by the time they bother to try and get the agreement [which ofcourse they cant anyhow]

 

dx100uk

 

ops dup post sri

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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Yes, dx - I was thinking that as well - good point.

 

Jess - at the top of the letter put, in big letters:

 

I do not acknowledge any debt to your company

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Hi DX

 

"infact it will prob guarantee that it will be barred by the time they bother to try and get the agreement [which ofcourse they cant anyhow"

 

So if i was to Send a CCA first and wait for their response followed by a statute barred letter, this may well be barred by the time they do try to get the agreement but wouldnt it take affect from the first inital letter in mid Nov which they had sent. anyways i will keep you posted, got to sleep and stop stressing about it,take care and sweet dreamsx

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to be honest it matters not [as such] if it is statue barred or not, if they cannot produce the correct paperwork, they're stuffed. game over.

however, you are in the additionally pleasing situation that even if they do produce, then its past its date anyhow. i cannot see anyway you will ever have to pay anything.

 

and to further put your mind at rest, it matters not 'when' they sent you letters, they, not you, have to prove its your debt, [because you are denying it - aren't you!-thats why its always important to never acknowledge it in letters and write every letter with a bold deinal] until they prove it, the clock is still ticking in your favour.

 

dx100uk

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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No Jess - the clock does not start from when they get in touch with you. It's when your husband acknowleged the dept last that is the important thing.

 

So - you can CCA them without starting the clock ticking again.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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As he went abroad, the DCA may have a case to get a Judge to extend the Limitation period. Odds on they do not know where he has been. Play safe though by sending CCA instead (do not provide any data to help them as some do ask for ID/last 3 years addresses after a CCA request).

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Well - I guess as long as the DCA do not know he's been away?

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Make sure it goes off by rec. delivery... and keep the receipt. Do not forget to include the words I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY at the top as previously said, enclose a Postal Order for the £1 fee (not a chq.) and do not sign the CCA request... just print a "signature" at the bottom.

 

Chances are that this one is already statute-barred, but if not... it should be pretty close to it.

 

Which DCA is it ?

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It's 1st credit, i will make sure i include the I do not acknowledge any debt to your company, hopefully by the time they respond it will be after christmas, since last christmas postal date is 20Dec...at least i can enjoy my christmas

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