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

[JGJ]

I have just received a letter from buchanan clark +wells re an alleged debt dating some 12 yrs ago. A ccj was obtained but defaulted on after only a few payments were made and certainly nothing in the past 11yrs has either been paid, or any contact written or otherwise has been made.

 

Does this come within the statute barred regs, even after the ccj??

 

Advise would be gratefully received.

 

 

 

"EXEMPLO DUCEMUS"

Edited June 5, 2009 by JGJ
Spelling gremlin

[diddydicky]

I have just received a letter from buchanan clark +wells re an alleged debt dating some 12 yrs ago. A ccj was obtained but defaulted on after only a few payments were made and certainly nothing in the past 11yrs has either been paid, or any contact written or otherwise has been made.

 

Does this come within the statute barred regs, even after the ccj??

 

Advise would be gratefully received.

 

 

 

"EXEMPLO DUCEMUS"

 

ccj's last ad infinitum however if no action is taken for 6 years the creditor must apply for leave of the court to enforce .

 

it is worth checking the register yourself to see if it still exists because if it does not then the only record will be yours and the creditors copies of the judgement and after all this time it could be a bluff- someone could have bought a load of debts without the proper docs

[JGJ]

diddydicky,

 

Thank you for your swift input, I think the prove it letter would be a good start.

Thinking back I seem to remember these are the fourth or fifth set of begging letters that I have received from dcas and sols.

I think it is passing down the gutter awaiting the desperate grasps of the dcas, I could just ignore what do you think??

 

"EXEMPLO DUCEMUS"

[loonytune]

Hi Odc A Bit Of Advise On This One Please Basically Had A Peronal Loan With Alliance And Leciester In 1999 Hit Hard Times In 2001 And I De Faulted On Payments In 2003 They Sold The Loan To Teressa Holdings Who Over The Last 6 Years Put The Debt Out To Various Debt Collecting Companys I Have Not Made A Payment Since 2001 In November 2007 Terssa Holdings Give The Debt To The Biggest Scumbags Of All Mackenzie Hall But Thanks To The Sound Advice Of The Consumer Forum They Have Now Threw The Towel In The Company Who Are Dealing With It Now Is Rockwell Debt Collectors Who Go Down The Same Lines As Muppet Hall Court Action Balliffs Etc But Ive Just Found Out Rockwell Are Part Of The Teressa Holdings Group What Is Baffling Me As Teressa Holdings Have Held This Debt For 6 Years Why Haven T They Just Took Me To County Court And Got A County Court Judgement Against Me ???

[diddydicky]

diddydicky,

 

Thank you for your swift input, I think the prove it letter would be a good start.

Thinking back I seem to remember these are the fourth or fifth set of begging letters that I have received from dcas and sols.

I think it is passing down the gutter awaiting the desperate grasps of the dcas, I could just ignore what do you think??

 

"EXEMPLO DUCEMUS"

 

not a good idea to ignore it if a ccj is in existence since it could lead to a charging order application

 

i think id be inclined to play dumb and write and say i don't know what your'e talking about, kindly send me a copy of this alleged ccj

[diddydicky]

Hi Odc A Bit Of Advise On This One Please Basically Had A Peronal Loan With Alliance And Leciester In 1999 Hit Hard Times In 2001 And I De Faulted On Payments In 2003 They Sold The Loan To Teressa Holdings Who Over The Last 6 Years Put The Debt Out To Various Debt Collecting Companys I Have Not Made A Payment Since 2001 In November 2007 Terssa Holdings Give The Debt To The Biggest Scumbags Of All Mackenzie Hall But Thanks To The Sound Advice Of The Consumer Forum They Have Now Threw The Towel In The Company Who Are Dealing With It Now Is Rockwell Debt Collectors Who Go Down The Same Lines As Muppet Hall Court Action Balliffs Etc But Ive Just Found Out Rockwell Are Part Of The Teressa Holdings Group What Is Baffling Me As Teressa Holdings Have Held This Debt For 6 Years Why Haven T They Just Took Me To County Court And Got A County Court Judgement Against Me ???

 

probably becuase they know its statute barred

 

you need to check carefully your last payment and/or written communication with them and if there is more than 6 years unbroken you can tell them in polite terms of course to take a long walk off a short peir!

[diddydicky]

pier , even

[The GodMother]

I have just received a letter from buchanan clark +wells re an alleged debt dating some 12 yrs ago. A ccj was obtained but defaulted on after only a few payments were made and certainly nothing in the past 11yrs has either been paid, or any contact written or otherwise has been made.

 

Does this come within the statute barred regs, even after the ccj??

 

Advise would be gratefully received.

 

 

 

"EXEMPLO DUCEMUS"

 

Who obtained the original CCJ?

 

The reason why i have asked is because the perosn who obtained the CCj cant just pass the account on without courts permission.

 

Se this thread CCJ- dept sold on. for more details

[JGJ]

The Godmother,

 

1) Barclaycard 13yrs ago

 

2) BC+W wrote threatogramme stating they have been instructed by Lowell Portfolio 1 ltd to recover an overdue debt.

 

I have sent the prove it letter to BC+W (Otherwise go forth and multiply)

Nothing has been received from anyone and I certainly have not made any contact, nor paid any monies to anyone for 12 plus years.

 

"EXEMPLO DUCEMUS"

[The GodMother]

well a debt that has a ccj does nt go SB but they will need to apply to the courts to get this enforced.

[JGJ]

The GodMother,

 

Have received this day letter from bc+w thus.

 

PURSUER:****** ** Ltd

PRINCIPAL SUM: £****.

 

Dear sir/Madam,

 

I write with regard to your recent communication (sent them prove it letter) concerning the above account.

 

I can confirm that I have arranged for a copy of the documentation to be sent to you directly by our clients. This will be with you as soon as possible.

 

Please do not hesitate to contact us on 0871 244 1904 should you require any further assisstance. You can also e-mail on [email protected]

 

Yours sincerely,

 

No sig or digi sig

 

 

Administration Department.

 

 

 

 

Your further comments will be gratefully received.

 

 

"EXEMPLO DUCEMUS"

[sam614]

also if its over 6 years and details have fell off your credit file,

 

and been removed from central court records,the dca needs original court details to apply.

 

and they will only be given permission within 6 calendar months of the date that they purchased the debt.

 

SAM:pLOWELL DETESTER

[JGJ]

sam614,

 

Thanks for the swift input, much appreciated.

 

:p To the Bar*******s

 

 

 

"EXEMPLO DUCEMUS"

[sam614]

sam614,

 

Thanks for the swift input, much appreciated.

 

:p To the Bar*******s

 

:p:p:p:p

 

and it would only be granted to the first buyer

who are well aware that they have missed the boat,so they sell on and on:D

SAM:pLOWELL DETESTER

[soul43man]

Hi, I was contacted by Connaught collections (representing TBI Financial servises) regarding an outstanding debt. I sent Connaught the statute barred letter by recorded delivery on the 01/06. I have today received another letter from them which again demands payment.

What should my next step be?

Regards

[maroondevo52]

Hi,

 

You should'nt have to anything, but one more letter may suffice.......

 

Courtesy of ScarletPimpernel............

 

Dear Sirs

 

I refer to your letter dated (date). I do not acknowledge any debt to you or any firm you claim to represent. All communication in this matter must be in writing.

 

The alleged debt is statute barred under the Limitation Act 1980. Take notice that no funds will be forthcoming.

 

You are reminded that the Office of Fair Trading Guidance on Debt Collection considers it an unfair practice to pursue a statute-barred debt when it has been made clear that no payment will be made.

 

I do not expect to hear from you again, and no further correspondence will be entered into.

 

Your etc.

 

Regards.

 

Scott.

[The GodMother]

or u can even send them my standard reply.

 

 

Dear numptys

BOG OFF

 

signed

dont make me laugh

[diddydicky]

also if its over 6 years and details have fell off your credit file,

 

and been removed from central court records,the dca needs original court details to apply.

 

and they will only be given permission within 6 calendar months of the date that they purchased the debt.

 

SAM:pLOWELL DETESTER

 

and. if i have been reading correctly on this forum- if the ccj is assigned to someone else you should have been given the opportunity to challenge it and i think i am right in saying that this also gives you another opportunity to challenge the original debt(might need to check that out with some of the mods)

[decky75]

hi would this rule apply to me have council bill from 2001 only found out last year made payments until now can i do this rule

[Richard Spud]

Who obtained the original CCJ?

 

The reason why i have asked is because the perosn who obtained the CCj cant just pass the account on without courts permission.

 

Se this thread CCJ- dept sold on. for more details

 

See this:

 

“Assignment of debt defeated by payment”. A judgment debt sold on is defeated. Also stay of bank charges case.

 

http://www.wragge.com/analysis_4401.asp

 

HTH - Richard

[workaholicandy]

Hi, not to sure if this is where I should be asking this question.

 

I've just started receiving letters from a debt collection agency regarding my student loan I took out in 1990 whilst at uni. To the best of my memory I defered paying this twice as I was not earning enough after I graduated, then started paying if off monthly ( around 1995 and it took me about 2 years to clear). However this was 14 years ago so I have no records to prove this! ( I have changed banks and moved address many multiple times including a year out of the country..). From reading this forum I presume it will be a case of the debt being statute barred and letter m should be sent to the vultures ( opps sorry debt collection agency). However I have received a new letter today from the student loans company themselves. It is a notice of default sums and they are charging me a trace agent charge? This is dated 12 june 2009. could someone advise me what to do with this? As I said I am almost positive I paid of my loan in 1995/96 but have absolutely no way of proving this.

 

hope someone can help

Andy

[JonCris]

Andy you need to start your own thread

[diddydicky]

See this:

 

“Assignment of debt defeated by payment”. A judgment debt sold on is defeated. Also stay of bank charges case.

 

http://www.wragge.com/analysis_4401.asp

 

HTH - Richard

 

i think you may have mis understood the meaning of this judgement

[Richard Spud]

i think you may have mis understood the meaning of this judgement

 

NO

[JonCris]

Hang on guys wait until I get the beer & popcorn in before you start:D OK off you go who's gonna be 1st