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back in 2000 i took at a curry's account well due to problems when i was living at home i ended up leaving family home when i just turned 21, due to my father (too complicated)

anyway i totaly forgot about this and i letter came today from a collecting agent saying i need to pay £357.00

well i have just rung um and they would take £250 today, well i dont have that kinda money at all

so after begging them the would take £50 a month - which will leave us shorth but what can i do!

 

My question is how long can you have a debt till they wipe it off or dont they????

i always thought it wa 6yrs?? if thats the case its 7yrs ???

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Hi Chickster Lickster,

 

If you haven't acknowledged or paid anything towards this for the last 6 years then it is almost certainly statute barred and you've nothing to worry about. One of the more experienced ones will be along to help shortly.

 

Newborn

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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Well they aint gonna get it are they CL.

 

Send them the statute barred letter first, as long as you are positive that you have not ackowledged in writing or made a payment in the last six years.

Tip us a wink on my scales if you think I may have helped at all;)

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There is a template letter that you can send, if I can find it Ill post it here for you. You will need to alter it to read all of your details.

 

Back soon.

Tip us a wink on my scales if you think I may have helped at all;)

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No problems. You have come to the right place for help and advice. The peeps on hear are fantastic. Dont forget that you are not the only one that these pondlife are chasing. Most of us here have had some sort of problems with DCA's for one reason or another.

Try not to worry and NEVER EVER talk to them on the phone, I mean it dont talk to them or you will promise your life away. If they ring tell them to put it all in writing never on the phone.

 

Now wheres that letter:)

Tip us a wink on my scales if you think I may have helped at all;)

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Right here ya go.

Make sure that you send it a minimum of recorded delivery and keep the receipt.

Change it to suite your needs. The bits in red.

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

I do not acknowledge any debt to you or any company you may be working for.

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

Tip us a wink on my scales if you think I may have helped at all;)

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tyvm

 

so do i make a payment??

ring them to tell them i'm sending a letter??

i dont even think they took my phone number?

 

i got soo wound up by the bloke on the phone as he was being an ass to me i passed it to other half (gave permission for him to speak) and left

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If that doesnt work then we have another one to send them.;)

Do not offer any form of payment, just in case the 6 years is not quite up yet.

By sending this letter, you are not acknowledging the debt.

Tip us a wink on my scales if you think I may have helped at all;)

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Dont worry, If I called or wrote to you and asked for £50 tomorrow, would you pay me???

Course you wouldnt. So why pay them, who needs it more. Let them prove that a debt exists first.

 

Dont worry about going on about things, we are all here to help one another. Need to get you calmed down first, so go and put the kettle on and make a nice cuppa, tea or coffee I dont mind and just one sugar in mine.

What we are aiming to do, is for you to take charge of this situation, when you do you will feel totally different to how you are feeling now.

 

So go and put the kettle on:)

 

Just out of interest, which DCA is it thats contacted you?

Tip us a wink on my scales if you think I may have helped at all;)

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tyvm

 

so do i make a payment??

ring them to tell them i'm sending a letter??

i dont even think they took my phone number?

 

i got soo wound up by the bloke on the phone as he was being an ass to me i passed it to other half (gave permission for him to speak) and left

 

 

Hey there CL,

 

right the GOLDEN RULES

 

From here on NEVER EVER CALL THESE PEOPLE ON THE PHONE

 

secondly send the STAT BARRED letter asap by recorded delivery at the minimum

 

if they call you, tell them "i no longer wish to discuss this on the phone, i require all correspondence in writing " and put the phone down on them

 

i would personally hold off from making any payments at this stage

 

they have to show the debt is not statute barred first

 

regards

paul

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Hi again ChicksterLickster,

 

This is just to round up as you seem so upset:

 

Do not pay them anything. Not a thing.

Do not phone them at all.

If they phone you say 'put everything in writing' and put the phone straight down.

Do not argue or negotiate with them over the phone as they will get you to agree to anything.

Don't worry about what your other half said to them, it's your debt not his so anything he agrees to is not enforceable.

If your other half answers the phone to them, tell him to say 'he can't talk about it and you're not in' and put the phone down.

Get round to your father-in-law and get the letter printed off and sent. Do NOT sign the letter with your usual signature.

Then wait patiently for their WRITTEN response and before you do anything post it on here for someone to help you. If they phone you to discuss the letter say 'put it in writing' and put the phone straight down.

 

Newborn

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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hi sorry for not replying back lost interent connection last night

 

anyway should i get my credit file to make sure that it has been 6yrs?? as i cant remember what i did last week let alone 6yrs aog

 

be trying to remember everything but i cant

 

i would very much doubt that your credit file would show the last payment,

 

try not to worry, send the stat barred letter, if they come back and say your last payment was inside the last 6 years then its plan B

 

send them a CCA request, if they cant provide you with a true copy of the signed credit agreement its game over cause they cannot legally enforce the debt anyway,

 

as i said DONT PANIC, send the STATUTE BARRED letter, then wait adn see what they send. once you get a reply, let us know and we can deal with this from there

 

you never know they may come back saying they have closed the file;) cause its statute barred

 

regards

paul

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I didnt run out on you last nite CL, lost my connection as well.

 

Seems that Paul and newborn stepped in anyway. You are in great hands here, so try not to worry to much. You will win, may take a bit of time but you will win.

One thing is, dont be surprised if they come back and say, you made a payment on such and such day. This is fairly common and they will need to prove that you did actually make that payment, but you will know better.

Im just trying to warn you of some of the things DCA's can get upto when a debt is statute barred or very nearly barred.

 

 

 

Geoff.

Tip us a wink on my scales if you think I may have helped at all;)

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