Help, old debt caught up!

[j4ckier]

Hi

 

I have had a letter out of the blue, from a debt collection agency, asking for £490 from a topshop card. I phoned the company who asked if i had lived at a certain address, which i had, and they said if i payed now , they would reduce to £300. I asked them to provide proof of the debt as it is at least 8/9 years since i lived there and although i have a vague recollection of a topshop card, i cannot remember any money owing on it. and i have had no correspondace from them in the last 8 years. The debt collection guy got a bit short with me and said if they had to proove the debt, they would want the full £490 and it would take a while. they gave me until tues to pay the debt!

 

not sure on how i stand on this,l cant 100% guarantee the money isnt owed by me, but it so long ago! i have no paperwork. please help.

 

thanks:)

[fermi]

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

 

If you are in England/Wales then the limitation period is 6 years and you should read:

 

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

 

If you are in Scotland then the limitation period is 5 years and you should read:

 

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

 

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

 

Or here: http://www.consumeractiongroup.co.uk/forum/show-post/post-162366.html

[rory32]

The debt collection guy got a bit short with me

I'm sure he did. Heaven forbid that they should actually have to prove to anyone that they actually owe money

 

As fermi has posted this account will be well and truly statute barred (that's assuming any money was actually outstanding in the first place) and they can forget about collecting on it.

 

Out of interest which DCA was this?

[j4ckier]

Thank you so much for the advice, the letter was from Buchananclark + wells, they had been instructed by Aktiv Kapital Asset Investment Ltd, whoever they may be. I willl send them the statute barred letter tom. I'm guessing they are not going to be that easy to shake off. They phoned me at 9 this morning and after a bad nights sleep with my son they woke me up. I wasnt to polite . will update and thanks again!

[havinastella]

Aktiv Kapital are renowned for buying Statute barred debts.

 

That letter worked for me

 

Not heard a thing off them in over a year.

 

Jogs

[excel1]

Hi,

once you have sent the limitation act letter, send at least recorded if not special delivery they should desist from collection.You dont have to be polite, if they did their job properly then they wouldnt be bothering you.

[j4ckier]

Hi, Just an update

 

Sent the letter by recorded delivery which got there wednesday morning. I had a call from them tuesday which i missed and they called again thursday evening. Before he even had a chance to 'confirm' who I was, I told him I had sent a letter and only wanted to be communicated to in writing from now on. On hindsight perhaps I should have listened to what he wanted to say, but they have made me so irate i don't want to say the wrong thing!

 

I guess I just need to wait and see what happens! can this company fiel against me on my credit report ?

[lickthewallfatboy]

TELL THEM TO GET STUFFED

 

over 6 years,they are ****ing in the wind

[j4ckier]

I have just received a 'final notice' regarding payment of this debt, even though i know they received my statute barred letter before this got posted. should i do anything or just ignore ?

 

thanks for your help

[rory32]

You can either file it under ignore or you can toddle down to your local Trading Standards and make a complaint against the DCA.

[palomino]

I have just received a 'final notice' regarding payment of this debt, even though i know they received my statute barred letter before this got posted. should i do anything or just ignore ?

 

They are trying to bully you into paying up. They don't have a leg top stand on.

Make sure you keep all correspondence but otherwise do nothing. You have done all you need to.

 

Oh! Keep coming back here for moral support - there's plenty for everyone...

 

 

 

XXXX

[j4ckier]

Have a had a letter saying that BCW have placed the account on hold, whilst they refer back to their client for further instructions. Hopefully thats the last i hear of it.

 

thank you all so much, i would have been several hundred pounds worse off if i hadnt found this forum!!!

[j4ckier]

Back again

 

have received a letter from BCW, saying that they have had a response from their client and request that i contact them by phone, they have put a 'delay' on my account for 10 days to enable me to respond!!

 

what should i do?

[Percival Wigglesbottom]

You don't want to phone them up, do nothing is best . They can't 'put a delay' on while awaiting your response, they got to cease activity till they prove it is not statute barred . Fire off a formal complaint to them and the OFT if they continue to harass you for payments.

[j4ckier]

HELP!!! ignored the previous letter (as above) and have now received a letter from BCW saying they are preparing documents for the issue of a claim against me in my local court!!!

 

They havent given me any information on why my debt wouldnt be statute barred after i sent the letter.

 

should i get in touch and ask them if they can prove its not statute barred ?

 

really panicing now

 

thanks

[rory32]

should i get in touch and ask them if they can prove its not statute barred ?

 

Once a limitation argument has been raised, the burden of proof is on the creditor to prove that the debt isn't statute barred.

 

London Congregation Union Inc v Harriss and Harriss [1988] 1 All ER 15, CA at 13.3)

 

Make sure you make a complaint to the OFT too.

[j4ckier]

Ok, thank you, I will drop them an email stating that I havent recevied anything from them to prove the debt and that i am now making a complain to the OFT.

 

Does that sound ok ?

[babybear39]

Subscribing...

 

Just remind them they haven't replied to your SB letter, and yes, mention your complaint to OFT and Trading Standards.

 

AK are well known for trying it on with statute barred debts via BCW

Edited July 4, 2008 by babybear39
forgot something

[ODC]

You should consider reporting them to the OFT now as they are possibly committing an offence under the new Consumer Protection from Unfair Trading Regulations 2008 by inferring they can take Legal Action on a Statute Barred debt.

[fatboydukey]

Hi J4ackie

 

Just thought I would pass on some valuble information I have learnt from this site - Always put everything in writing, never own up to the debt, get them to prove it and most of all dont be intimidated by the debt collectors when they ring you! I can always tell when its one of those phone calls, its silent at first and then you hear it click in - thats where I hang up!!

If you do speak to them, just keep talking over all their questions insisting that they put all correspondance in writing, if they ignore you, just hang up!

 

Also somewhere on here is a letter template that you can

send to the company to stop them from harrassing you by telephone - they are known to ring 3,4,5 times a day!

 

Also there are always moderators on here checking out new posts and they are VERY helpful!!

 

If in doubt about what to do next - come on here and ask the question! Just dont let the debt collectors get you down!!!

 

Hope that helps!

 

FBD x

[Guest forgottenone]

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

[j4ckier]

Many thanks

 

I have to say since the first 3 phone calls, I told them i would only correspond by letter, and they havent phoned anymore !! I have sent them an email saying i was reporting them to OFT etc and havent heard any more at the moment.

 

I will await the next letter!

 

thanks for your help

 

J x