Questions from : Have you received threatening demands for debts older than 6 years?

[The GodMother]

well tell them to bog off when they call next. They a need to rite to u and b this is SB

[Pigglett1995]

You could send them a CCA request - however, i think this would invoke more aggressive tactics than showing a judge has ruled on this matter.

 

Either that, or file under "ignore" for the moment.

 

It is also statute barred by now (last payment made 2001?) so you could always send them the statute barred letter.

 

Hi Tiglet/Godmother

 

Thank you for all your advice. I decided to send them the letter asking for a copy of my original Credit Agreement and stating the 12 days and included the £1 postal Order this was sent on the 10 Sept and sent recorded delivery and recieved on the 11 sept. I did not sign the letter as suggested by other postings.

 

I today recieved a reply from Lowell dated the 16th Sept saying they are requesting a copy of the agreement form the original lender whith whom I originally entered into the agreement.

"While we endeavour to reply to you with the required information within the prescribed 12 day period under the Conumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period."

 

Yesterday (19th Sept) I had a threatening letter saying they "may" take court action as I have not responded to their Demands!!!!

 

I thought that if Lowell now owned the debt they would have the agreement already??? Where do I stand now?

 

The account number I have for lowell and on the court order are different to the account number I have from a letter from the original lender saying they were putting my account into default this was dated febuary 02.

 

I think that I now need to wait for a reply with the credit agreement which if it comes will be replied to with the court order letter, or should it be the statute barred letter? If it doesn't come then what sort of letter should go back?

Thank you for all your help and advice.

 

Piglet

x

[tiglet]

It really does sound to me that this debt could be statute barred - in which case, they cannot enforce this through the courts and it may constitute harassment if they continue to press for payment after you have stated it's statute barred.

 

I would sent them the statute barred letter anyway and see what they come back with.

[Pigglett1995]

Hi Tiglet thanks for your info. I have just checked my experian file the six yr date from "default" was yesterday so have requested for them to remove it from my file. I will send the SB letter tomorrow Recorded Delivery.

[mina2974]

Wescot changed the date of a defaulted account and re-entered it on my credit file, Muppets! there was a Ccj on the account that was only removed last year! Time to start complaining

[The GodMother]

yep complain way.

[vvksw4]

Hi, i am new on here so hope i am posting in the correct area, I have read about debts that are over 6year old and just wanted to make sure i can send a statue barred letter to these people, I received a letter yesterday from Mackenzie Hall demanding payment of a debt by today25th sept. I dont recall any letter previously from them, i did receive a phone call, it mentioned that it was not a sales call and to call some 0845 number about a mnt ago which i ignored.

Back around 1997-98 me and my ex partner did have financial issues and was not able to pay the debts due to getting ripped off by a clairvoiant that my ex partner went to see,This all went through the police fraud squad and was explianed to the banks, credit card companies, anyway in the end with all the stress etc my ex partner filed for bankruptsy in 1998. Since these debts are well over 6 years old can they continue to pursue these?

Any advise on what course of action i should follow will be great

Thanks

[The GodMother]

This does seem like a fishing trip. I am assuming all debts were listed in the bankruptcy so if they were they cant collect anyway.

[vvksw4]

Yes all debts were listed in the bankruptsy, but the bankruptsy was only registered in my ex's name. Can they continue to chase me for the debt?

[tiglet]

I would send them the statute barred letter: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

It's letter M.

 

Remember, don't sign it - only print your name and send it recoredd so there's proof of delivery.

[The GodMother]

well if the bankruptcy was in your exs name only then yes if you were named on the loan card etc then u would also be liably for the full costs.

 

They can claim full costs from both of you so say u jointly owed £100 they could chase both of you for the £100 so they would get £200.

 

I would do as tiglet advises and send them SB letter.

[vvksw4]

Thanks for the info, i will send them the SB letter

[The GodMother]

YW

[BelstarBomb]

Hi,

 

I was just about to use letter M to send to a company but have a quick question.

 

I received a letter yesterday from a DCA for a card that I don't even remember having. It was whilst I was in a previous relationship and I was unable to pay some debts at the time and this period was 1998 and 1999. I have heard absolutely nothing from the said company in that time.

 

Since 1999 I had kept my nose clean and had still not taken out a card with this particular company.

 

In sending a letter, telling them it's statute barred will that then open the potential floodgates to any other 6+ year old debts or more harrasment from the DCA.

 

Is it best to ignore them or send Letter M??

 

many thanks,

 

BB

[BOSCO101]

Letters from CCI Legal. About a debt from HSBC Middle East. In fact it was Dubai. But this debt is from 1999. I returned to the uk xmas 1999 and didn't hear a thing from them until a couple of months ago. It is for A LOT of money so want to be sure of exactly what to do now.

 

I have been recieving letters from CCI Legal at my friends house where i used to live. Had ignored them so far but at the weekend his girlfriend stupidly signed for a recorded delivery from them. They are now saying they are going to take me to court. Is this Stat barred ? Do i have anything to worry about ?

[Pigglett1995]

Hi Tiglet

 

Hubby did not want me to send the SB letter as he wanted to wait for a reply from Lowell - then Hamptons Legal - Now Red!! I got the standard reply as expected and the 12 days have well & truly passed. I sent the reminder letter stating the 12 days have gone etc which they received on 2/10 I have received a reply from Red stating they do have the 12 days then also have another 30 days in all 42 days to respond to my request. which I reckon will be on the 22nd Oct. They will contact me in due course regarding my request. Do I wait and see if they come up with the OCA then send the SB letter or just now send it in the hope of getting them off my back? Hubby is hoping they fail to send anything and want's to wait. When can I go to ts to complain about their lack of documentation, and sending the SB letter would this unable me to complain?? Hope you can help.

[BelstarBomb]

Hi,

 

Just so you know that

[BelstarBomb]

ooh, don't know what happened there! I had typed the following

 

Just so you know that the 30 day summary offence was repealed by the CPUTR 2008 on 26th May 2008 so Red is well out of date and should get their legal department to update their records! So it's now 12+2 and then they are breaking the law!

 

Good luck,

 

BB

 

 

[The GodMother]

if u want to be a pain i would write to them advising that they need to be more up to date with the rules as the 30 days were repeallend and that as of XX they weree commiting an offence and as a result they have no rite to contact you any further unless they czan prove you owe this debt via a true copy of the CCA.

[tiglet]

Actually, all that means is they are in default after 12 + working days but do not commit an offence if they go past 30, not that they commit an offence after 12 + 2 days.

 

They shouldn't now be pursuing you piglett as they are in default - if they do, report them to trading standards.

[The GodMother]

but i thought the 30 days did not exist anymore. at least that is how TS are saying it to me.

[tiglet]

It's very confusing (I'm confused now) but I do know they've removd the offence bit.

[Pigglett1995]

Hi Thank you for this information, it is very helpful. I will not send the SB letter as hubby thinks this will be admitting to the debt and they have not proved to me what the debt is or even if they own it. I will write to them stating the above information. Do I send this recorded also? Thanks so much for all your help it has stopped me from really getting stressed out with these demands. THANK YOU X:)

[Pigglett1995]

if u want to be a pain i would write to them advising that they need to be more up to date with the rules as the 30 days were repeallend and that as of XX they weree commiting an offence and as a result they have no rite to contact you any further unless they czan prove you owe this debt via a true copy of the CCA.

Is there a standard letter I could use to send to these people, with regards to this info??

 

Also is it leeds Trading Standards I would have to write to complain to if they persist in harrasing me? or do I send them a copy of Red's latest letter and make a complaint straight away??

[tiglet]

They haven't committed an offence - that part has been repealed.

 

If they continue to harass, your local TS is the first you should contact.