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6 Year rule/Debt Co's- Help!


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Hi

I have had a letter from a debt company asking if I live at my- current- address.

I think this relates to an old debt I left behind after my partner left me with a huge load of debts, mutual and individual. I paid as many as possible, but had a breakdown due to the stress of it all, and moved away.

 

I had forgotten all about it as it took me years to get sorted again.

 

I think it is nearly 6 years since I made payment or contacted anyone about this and I read something on here about these companies trying to start contact again by contacting you just before the 6 years runs out.

 

Does this mean I should ignore the letters? Or can anyone tell me which, if any template I should send as a reply?

What can they do?

 

I am most worried about my new partner finding out about this. They are anti-debt and I am ashamed that I let my life get in such a mess all those years ago.We want to apply for a joint mortgage and I am worried it will be affected by my bad debt.

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I would wait and see what they come back with, to be honest - just file the letters for now.

 

I would also think about telling your partner - we have all made mistakes in our life, after all.

 

If they continue to contact you then you could send them the statute barred letter - it is up to them to prove that it isn't statute barred, not for you to prove it is.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thanks for the advice. Will I find the letter under templates? A lot of them seem to refer more to banks and charges rather than debt companies.

 

What if I sent a their letters back with a 'not known at address' or 'moved' on it? Will they stop? (Their PO Box address is printed on the back of their envelopes)

It seems from other people's threads that they will never give up.

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It will stop. Once you have called their bluff we''ll tell you how. In the meantime your going to get letters of increasing hostility. Ignore them until you can be satisfied 6 years has passed then you can turn the tables on them

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Forgot to mention that you must not, under any circumstances, engage with them either on the phone or in person. If they go as far as sending an 'agent' to your home tell them to leave & close your door. DO NOT engage them in converstation

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Here you go, it's letter M :http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

ODC and Joncris are absolutely right - sit tight and see what crawls out of the woodwork.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Follow the advice of Joncris, ODC and Tiglet - they are veterans in these matters. For myself, i offer this advice. If you do get any letters stating that they intend to send 'agents' to your door, you might like to keep this letter ready to send to them. Hope it helps.

 

I do not acknowledge any debt to [insert debt collectors name]

Thank you for your letter dated [insert date] the contents of which are noted.

 

Please be advised that I am only prepared to communicate with you in writing.

OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

I trust this outlines the situation.

Yours Faithfully,

[insert printed name - DO NOT SIGN]

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Thanks so much to all of you. I will wait a bit and see what happens. The company is called Lowell, don't know if that makes a difference. I have never heard of them. Only trouble is I am not 100% sure when 6 years is up, but know it is this year sometime.

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Lowells - well, you're pretty much home and dry then.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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