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

[peapod01]

How do I get onto the Scottish one please.

 

Im based in scotland and apparently there is a scottish part to this web site but Im not sure how to get onto it.?

 

could you help me please.

 

Thanks.

[dx100uk]

Scotland - The Consumer Forums

 

just click on the blue under lined the consumer forums, above, to select the one you want, then hit start a new thread on the left box.

 

dx

[ccridersuz]

I think I've made a mistake in agreeing to pay a very old debt, which allegedly was made from my old address, while I was still living there, but during a period that I was out of the country. It is a catalogue debt and as I have been at this address for nine years am I wrong to have started to pay £10 a month?? Agreed over the phone. I was worrie about going to court.

Seasons greetings to all and lets hope things improve for 2010

[dx100uk]

if there is a clear 6yrs when you have not had financial IN/OUT, then stop paying, its statute barred and NOTHING can unbar it, even you starting payments

 

dx

[lolo6677]

hi all, firstly i hope i am posting in the right place!

i received a letter last week addressed 'to the occupier' and the letter said to phone a number which i did and they were sending me some information out, they wouldnt give me any info on the phone.

i have received their letter and it is from ruthbridge ltd stating that i owe cabot financial £1924.89 assigned from mbna.

it states in capitals 'WITHOUT PREJUDICE', then goes on to threaten me with bankruptcy proceedings for recovery of the oustanding balance.

further on the letter says as a final opportunity to avoid this i should pay £962.45 immediately (no later than 4th feb 2010) and as an added incentive they will instruct credit reference agency to mark the debt satisfied.

my problem is i have not had any acknowledgment of this for years now and i think it dates back to 2001, also there is no mention of it on my credit report as i have checked it.

where do i go from here?

your help is much appreciated.

thankyou

[diddydicky]

if it is MORE than 6 years (check carefully) since you last made a payment or admitted the debt in writing it is statute barred

 

just write P *** OFF in big letters across it and send it back or just bin it

 

it means diddly squat

 

if it is not yet 6 years let us know

[The GodMother]

if its not on your credit report then there is a clear sign it might be older than 6 years but as DD says check very carefully. Bank statements would be a good place to start as they will show who gets what money.

 

Then if there is nothing send them a letter saying tanks but no thanks sa the debt is statue barred.

[diddydicky]

better do as GM suggests

 

P*** Off is a technical term:D

[The GodMother]

no it works fine iam just a bit annoyed that they may not understand what it means. They also may not understand what a SB letter means but both are clear and straight to the point.

[jaybee26]

hello can anyone help please

i got into debt 10 years ago after marriage ending.i moved away then so never heard from debters ,i known my old address still got letters as i know the person that lives there still the person has never acted on the letters and has also had phone calls (but has said not known at this address). ive have just started to repair my credit and have started to get credit.but this week i got a letter from mack hall asking if im the said person on letter .please can you help .....sorry about the grammer.....sorry ive not payed anything for over 10 years and there is nothing on my credit report

thanks for your help

Edited January 26, 2010 by jaybee26

[lolo6677]

hi again, thanks for your replies.

there is definitely no mention of it on my credit report and it is definitely older than 6 years.

so then what would be the best letter to write to them to start the process.

feel a bit of relief talking on here, bravo to all you knowledgeable folk!.

[karinelleno]

Hi everyone. I was wondering if there was anyone that could give me some advice.

 

I have recently received a letter from a company called Red Debt Collection Services asking for payment for £1221.82 in relation to an HSBC Bank account that I had.

 

I have not used the account for around 9 years now and the debt it mainly good old bank charges.

 

What should I do about this letter as it is definitely over 6 years since I have used the account?

[The GodMother]

Jaybee.

 

Tell them nothing on the phone just ask for everything i writing. It will be SB anyway so there should not be a problem.

 

Lolo

 

Its Sb then. Write to them politely advising its SB and leave it at that. Remember its up to them to prove it not not you to prove it is.

 

Karinelleno

 

Write a polite letter back advising its SB

 

this is a letter i would send.

 

Dear twit.

 

Your ref.

 

I do not acknowledge any debt to this company or any company you claim to represent.

 

The debt you claim l owe in relation to the above mentioned referance number is Statued barred under the limitatiions act 1980.

 

I will not be paying you anything for this debt.

 

Yours.

PRINT YOUR NAME HERE.

 

short but straight to the point. DOnt sign just print your name and then on top of that send recorded delivery.

[jaybee26]

thanks godmother for you reply

i just noticed they put the wrong inital for my middle name on letter ,so that mite help me and thanks for your help

[michaelaTwo]

I am looking for some advice re debts that date from 2003. In 2003 I entered into a Debt management scheme via the CCCS. I was under the impression that the interest on all accounts was frozen. I made the effort to pay off the debt and whittled the creditors down from 10 to 3. I found out last year that one creditor, the biggest, had not frozen interest and the debt that started at 24000 pounds or so, having paid them around £9000 since 2003, is now almost £32000. Where do I stand with this creditor legally? It feels like this will never end!

[diddydicky]

if you made this arrangement with CCCS the first port of call is to contact CCCS and ask for evidence and an explanation if you can get their support for your proposition that it was understood that interest was being frozen you will be in a good place to start with

[The GodMother]

also l would assume you have some type of paperwork that CCCS may have supplied you with. Try looking on that paperwork to see if they have in writing agreed to freeze interest.

 

Also do as DD has said.

 

Jaybee.

 

Your not the person they are looking for then if the name is wrong, inital, ignore till summing come threw your door correctly addressed to you. Trie returning all to sender.

[speedtrip]

Hi quick question to anybody

 

lloyds tsb o/d with bank charges

currently stayed pending oft case

just getting ready to deal with bank etc

approx £3k out of £7K in bank charges

 

have paid any money since august 2005

d/n issued april 2006

 

is it 6 years + 2006 = 2012?

 

While i will be arguing new stance if i can delay for another 2 years i can take advantage of the 6 year SB? Hopefully my court case will be at the back of queue.

 

Cheers

 

ST

[diddydicky]

the 6 years starts from the date of YOUR last payment to them or written admission of the debt!!

 

when they served a DN is of no relevance

[speedtrip]

Thanks for your reply.

 

So does this mean if I paid the last payments during 2005 and they have no evidence of written admission after this that this i will come statute barred in 2011.

 

I wrote to them saying that i do not acknowledge the debt two years ago when they came after me

 

I did SAR them so i guess this would have any evidence that i have acked the debt. I will double check but dont thing there is anything in there

 

Regards

 

ST

 

the 6 years starts from the date of YOUR last payment to them or written admission of the debt!!

 

when they served a DN is of no relevance

Edited January 28, 2010 by speedtrip

[jaybee26]

hello godmother

thanks for your help so far but i think i mite need a bit more.

i just got a letter from meritforce doorstep collection for the debt with correct name from mack hall .please can you advise me wot to do thanks also said someone will come round within 10 days

Edited January 29, 2010 by jaybee26

[patrickq1]

what amounts to aknowledgement is a question of construction

all that is needed is an admission by the debtor that there is a debt or other liquidated pecuniary claim outstanding and of his legal liability to pay it.

it is not neccessary that the aknowledgement should specify the amount of debt if it can be ascertained by other means,but it must aknowledge a claim ,not merely that there may be a claim,and it must further aknowledge that the claim exists at the date of the aknowledgement or that it existed on a day which falls within the appropiate period of limitation next before action can be brought...

so if this debt is more than six years old and you have never aknowledged it ,then it is statute barred

[speedtrip]

Thanks for your reply.

 

I need to look into this to see if I wrote to them and in any way may of have admitted the debt (pre CAG) but I guess in not in the SAR if there any they dont have them. Once I found CAG I make it very clear I did not acknowledge the debt.

 

By the way when does the clock start ticking and as my case was stayed by the court does the 6 years include/exclude this period?

 

Thanks for your help

 

Regards

 

ST

[diddydicky]

acknowledging that there is "a claim" is irrelevant provided that the communication says that "the claim" referred to is denied

 

it would be unusual indeed if someone received notice of a "claim" , of which he knew nothing and did not seek to find out or clarify what this "claim" was in respect of

 

therefore an acknowledgment of a "claim" in itself- if that acknowledgement is a query about, or denial of any liability would not be an admission of the indebtedness.

 

i think you are taking the letter of the law too literally

 

if no payment has been made and the debtor has not ADMITTED that the debt (whether he states the amount ) is owed then that is sufficient IMO

[redwham]

Hi,

 

Why do you advise not to send the letters recorded delivery??? just that we are going to use the letters but was advised to send them recorded so we have proof that they have been received.

 

Look forward to your response