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

[diddydicky]

NO

 

fair enough!

 

(put the beer back in the fridge john)

[JonCris]

Too late I've drank it:p

[The GodMother]

Too late I've drank it:p

 

What about the rest of us do we not get offered one?

[diddydicky]

What about the rest of us do we not get offered one?

 

ooooooo matron, you're not asking me to "give you one " are you?

[JonCris]

What about the rest of us do we not get offered one?

 

NO buy yer own;)

[Richard Spud]

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.

 

I believe you will find that a Student Loan of 1990 was a regulated agreement under the CCA 1974, as opposed to subsequent and more recent loans. Therefore I suggest a s.77 request for a copy of the executed agreement and a full statement might be helpful in the first instance.

 

HTH

 

Regards - Richard.

[birdie7015]

[email protected]

 

If it any help I also had Thames Credit on my ass regarding a load which must have been almost 10 years old. They just quoted me an agreement number and it didn't say who the creditor was.

 

I insisted that they provide me with full details of the load they are referring to or the original agreement. They kept on asking me to telephone which I refused to do. I simply replied each time that they need to provide me with full details. Then they said that they do not have that information so I replied asking them to provide details of the lender and I will deal with them and ask them to take back the inquiry. They never at any time told me that they would call to see me and if they had, as Godmother has stated, they would be told to bugger off.

 

It seems that they have given uip on me now as it is 6 months since I have heard from them.

[The GodMother]

they wont give up on the previous tennant of this place

for the third or 4th debt or even time for same debt they are after money.

[birdie7015]

they wont give up on the previous tennant of this place

for the third or 4th debt or even time for same debt they are after money.

 

Was this in response to my comment. If so I don't really understand what you are saying. Do you mean that I can expect them to try yet again.

[The GodMother]

I think it is.

 

Basically they have told me, via a doorstep caller, that they do not believe that previous tenant has moved out. Bearing in mind they are accusing me of be a 50 year old male when i am clearly female and 28 years old.

 

I keep sending letter back and they ignore them. ometimes they are without envelopes and other times open when they come threw the door.

[diddydicky]

I think it is.

 

Basically they have told me, via a doorstep caller, that they do not believe that previous tenant has moved out. Bearing in mind they are accusing me of be a 50 year old male when i am clearly female and 28 years old.

 

I keep sending letter back and they ignore them. ometimes they are without envelopes and other times open when they come threw the door.

 

you need to change your name to the God Daughter!!

[The GodMother]

LOL

 

I have never even met the guy. I have his ex mother in law who demanded i give her all mail re the previous tenants. I could not prove who she was anyway it is going back return to sender.

 

The funniest letter i have recieved is where they state they are a confirmed resident of this address as the electrolrole says so. WRONG the electrol role says my OH and i are residents and have said the same for nearly 4 years.

[pagan116]

hi i am new to this forum, i logged on here today as i had received yet another letter from RED debt collection agency for a debt that is statute barred, after reading the info on this site i made a phone call to the company, withholding my phone number lol, the woman i spoke to was very arrogant, she asked if i wished to make a payment and for contact phone numbers e-mail etc, i told her she was gettin no info out of me and no money either!!!! I asked her if she had ever heard of staute barred debts to which she replied yes its here on your account!!!!!! i then in formed her that it is against the law to harrass somebody for a statute barred debt and as she had just admitted that they knew this debt was statute barred, i told her if i received just 1 more letter from this company that o would take the letters to trading standards and then contact a solicitor to sue them for harrassment, needless to say she said my account would be closed down forthwith and no further contact by the company would be made to me!!!!! amazing what you can do with the correct information and the price of a phone call, i would recoomend anybody in this situation give the company in question a call but please make sure to use 141 before you dial their number and give them no info !!!!

[JGJ]

pagan116,

 

Oh what a pity you did not view this site "Before" making contact with them.

 

Golden rule number 1) NEVER make contact by phone, always in writing, by at least signed for recorded delivery.

 

Whilst you seem to have the basic knowledge, as to not give them any information by telephone, you have not gained any proof of what they have said to you, unless you have a recording system??, hence the golden rule number 1.

I hope that you have gained peace of mind with your action, but I fear it will only be temporary, as these low life debt collectors do pass debt further down the chain.

 

If you have any further contact from anybody, DCAs/Sols please read up on the procedural advice available with CAG, you will hopefully find permanent peace of mind, good luck for the future.

 

 

"EXEMPLO DUCEMUS"

[birdie7015]

hi i am new to this forum, i logged on here today as i had received yet another letter from RED debt collection agency for a debt that is statute barred, after reading the info on this site i made a phone call to the company, withholding my phone number lol, the woman i spoke to was very arrogant, she asked if i wished to make a payment and for contact phone numbers e-mail etc, i told her she was gettin no info out of me and no money either!!!! I asked her if she had ever heard of staute barred debts to which she replied yes its here on your account!!!!!! i then in formed her that it is against the law to harrass somebody for a statute barred debt and as she had just admitted that they knew this debt was statute barred, i told her if i received just 1 more letter from this company that o would take the letters to trading standards and then contact a solicitor to sue them for harrassment, needless to say she said my account would be closed down forthwith and no further contact by the company would be made to me!!!!! amazing what you can do with the correct information and the price of a phone call, i would recoomend anybody in this situation give the company in question a call but please make sure to use 141 before you dial their number and give them no info !!!!

 

In my view it isn't a good idea to telephone. Like a solicitor, where there is legal implications, it is always advisable to have a record of what was said so that you can refer to it and have at least some sort of proof. You might not have heard the last of this but I hope that you hear no more from them.

[pagan116]

Hi JGJ,

 

I have read your response to my post and realise i did this the wrong way round, although i spoke to the womn at RED i did not admit the debt was mine i just stated it was a statute barred debt which she stupidly confirmed. I will now also send them the template letter for the sb as it is well past the 6 year deadline and will go through the process as advised on here to make sure these low lifes get the message loud and clear, thanks for your comments and help and good luck to us all in this situation.

[JGJ]

pagan116,

 

Well done, remember there are lots of like minded people on this site who will guide you through the procedures. Good luck.

 

 

"EXEMPLO DUCEMUS"

[pagan116]

HI JGJ,

 

im havin a great day on here lol, cjecked my equifax and there was 5 entries for unpaid debt from the same company westcot ltd for the same debt all entries made within space of six months and the debt is now statute barred, phoned company in bad temper lol idiot i spoke to fobbed me off so i phoned th information commisioners office, lady i spoke to was great, sh told me to call them back and tell them that these searches were excessive and that beacause the debt is statute barred i am entitled to have them removed or her office and trading standards would take up my case, sh e told me to tell them that i was also putting my request in writing and if there was no response forthwith that i would take action against them for destroying my credit rating, the next woman i spoke to at westcot advised that they would remove the bad searches by e-mailing equifax and that i would get a letter stating this and that the account was now closed she said it would take 7-14 days, i said that is acceptable but shpild i check my credit report in 14 days and the information hadnt been removed then i would take action with the help of the information commisioners office and trading standards ,i am now going to put this in writing recorded delivery and watch this space lol, thanks for all your help and support. andrea.x

[everton104]

After reading a lot of threads and posts, I decided to write to Cabot with the template letter re statute barred. Received letter back

cabot picture by everton104 - Photobucket

I am so grateful, I could not have done it without this site, a huge weight off my mind.

Thanks

[Guest]

Have you received threats of legal action in respect of debts older than 6 years?

 

Although if you are in debt, you will continue to owe the money until it is paid off, after 6 years the debt is probably statute barred which means that the creditor will have lost his right to sue for the money.

 

Despite this, debt collectors frequently rely on people's ignorance of the law or their fear by making threats of legal action to recover debts even though these threats are unenforceable.

 

The making of a threat is dishonest.

 

Now, the new CPUT Regulations 2008 (Consumer Protection from Unfair Trading Regulations) may make such unprofessional behaviour unlawful.

 

If you have received such threats, you should not respond to the debt collector but you should write a letter of complaint to the OFT who are obliged to investigate your complaint and to take enforcement action of some kind if they agree with you.

 

See the new explanatory notes on the 2008 CPUT regs at http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

 

Please do let us know if you are taking any action under CPUT as we would like to keep ourselves updated on how useful it is.

 

I have just received a letter from a firm called activ kapital, they say they have been trying to contact me at a previous address and have been told i no longer live there and have found my present address via public info, they quote an agreement number which means nothing to me and no other info at all, i rang the number on the letter and had to leave a msg on answerphone as nobody was available, i have said that i got the letter and gave the ref number and asked what address they had been trying to contact me at, and that i had no knowledge of any such agreement, i am waiting to hear back from them, i have lived at my present home for 7 and a half years and this is the first i have heard from them, i really dont know of any such agreement, has anybody else had this happen? i find it worrying, i have just found out that i am bipolar and am feeling quite ill with stress due to other issues and i dont need this adding to them. Any advice would be very welcome.

[diddydicky]

I have just received a letter from a firm called activ kapital, they say they have been trying to contact me at a previous address and have been told i no longer live there and have found my present address via public info, they quote an agreement number which means nothing to me and no other info at all, i rang the number on the letter and had to leave a msg on answerphone as nobody was available, i have said that i got the letter and gave the ref number and asked what address they had been trying to contact me at, and that i had no knowledge of any such agreement, i am waiting to hear back from them, i have lived at my present home for 7 and a half years and this is the first i have heard from them, i really dont know of any such agreement, has anybody else had this happen? i find it worrying, i have just found out that i am bipolar and am feeling quite ill with stress due to other issues and i dont need this adding to them. Any advice would be very welcome.

 

quite often a fishing trip- just confirm that you are not who they seek and refuse to give any other information as to who you are

[The GodMother]

You know i am willing to go out on a limb her and say i bet in 2 years time the ex tenants of this property are going to pop back up on the radar.

 

Why cause all there debts will be statue barred. I know this as i am recieving countless debt collection letters for them and i have not been here for 4 years and one month.

 

Who else agrees?

[Guest]

yes GodMother i think you have a valid point

[Evilex]

Hello,

 

My husband is being pursued by Asset Recoveries in relation to the repossession, in 2001-2, of a house jointly owned by him and his ex wife. He was initially contacted about this by the original lenders in September 2006, thereafter by Asset Recoveries in July 2008. He is now, perhaps unwisely, paying them an agreed amount monthly, an amount that they now wish to increase after he, again perhaps unwisely, completed an income and expenditure questionnaire. After he disclosed his disposable income as a negative amount, in a phonecall today from Asset Recoveries he was informed that he 'obviously' has a partner as he hadn't declared any financial requirement to buy food. Does this constitute harassment? I would also like to know if, given the timescales involved, could this debt be statute barred? In addition, the person who phoned my husband today told him that his ex wife had agreed to a settlement with them of £1850. Surely this is in contravention of the Data Protection Act?

 

I would be most grateful for any advice on how to deal with this odious operation.

[JonCris]

A loan secured by deed such as a mortgage has a limitation period of 12 years not 6 As for the info about the ex the answer is no they both signed the agreement as being liable so as far as that agreement is concerned the DPA does not apply between parties (eg giving her current address would be another matter & would breach the DPA) & although the wife may have agreed to a settlement that does not mean her ex will benefit. However it will give him a strong case to also offer a full & final settlement