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


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Hi Everyone,

 

I have Thames Credit Ltd writing letters to me for a 10 year old debt.

Is there an email address I can send an email to stating that I do not know anything about the debt and in addition, I have contacted watchdog, oft and Information Commissioners Office?

 

They are writing letters threatning to either send field people to my property or send a default to county court.

Are they allowed to default me on my credit file.

I already had a ccj on my name which disapperead just over 3 years ago.

 

Thank you

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Hi ODC/All,

Had another call from Wescot today to confirm details and state that a letter of confirmation would be sent today, checked with the CRA and the offending search is indeed gone

 

Happy but amazed

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Hi Everyone,

 

I have Thames Credit Ltd writing letters to me for a 10 year old debt.

Is there an email address I can send an email to stating that I do not know anything about the debt and in addition, I have contacted watchdog, oft and Information Commissioners Office?

 

They are writing letters threatning to either send field people to my property or send a default to county court.

Are they allowed to default me on my credit file.

I already had a ccj on my name which disapperead just over 3 years ago.

 

Thank you

 

[email protected]

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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.

 

 

Hi There.

 

When you state a Debt over 6 years old. Does that mean 6 years from when you first signed the credit agreement?

 

or

 

6 years from when you first went into default?

 

Many thanks

 

Tom

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Hi Bankfodder,

 

I noticed your thread on Statute of Limitations and I wondered whether you could clear something up for me...I have started a thread on this, but no-one seems able to answer me directly - I have two differing answers from Sequenci and MilkTrayMan:

 

On a mortgage shortfall the statute of limitations is 12 years for the mortgage and 6 years for the interest and damages - if a shortfall occurs in 1999, but no contact is made and court papers are issued in 2007 is the 8% statutory interest under the County Court Act statute barred?

 

Sequenci thinks that it is not, but MTM says that it is as, s69(8) says that other acts take precedence.

 

Can you, or anyone else reading this thread, please clarify which is right?

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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i hate to be saying this but i think MTM is correct.

 

i think it is 6 years from last contact/payment unlees u make payment after the inital 6 years or 5 for Scotland.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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TGM - why do you hate to say that - it is brilliant news if correct - it means that Count can claim statute barred for his defence, as can my mate...

 

Not that I don't believe you TGM, but if anyone can confirm that the assumption in post 32 is correct?

 

jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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TGM - why do you hate to say that - it is brilliant news if correct - it means that Count can claim statute barred for his defence, as can my mate...

 

Not that I don't believe you TGM, but if anyone can confirm that the assumption in post 32 is correct?

 

jody

 

I hate agreeing with MTM not hate saying the debt is SB on the arrers side.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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just in case anyone else with a mortgage shortfall debt that is over six years old is reading this, please see this post in relation to interest....

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/123317-mortgage-shortfall-county-court.html

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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Hi ODC, a very newbie here, have been reading your threads regarding Lowell Finance. They have just tracked me down to this address threatening me with a "door step" visitor I have ignored the 1st letter and the letter giving me 5 days before my "visit" that was on the 10th so no visit yet. Yesterday I got a card in the post :

 

WE ARE URGENTLY TRYING TO

 

Deliver a letter

 

Contact you (this box is ticked)

 

I will contact you again between 8am and 8pm

 

Then give me a number to ring if inconvenient - I have no intention of calling them.

 

I went through a very messy divorce back in 2002 and a court order was made which included this debt to be signed over to my Ex this was obviousley agreed by the court as acceptable, so what do I do now? I have had no contact with them from what I can remember since 2002 & that was not with Lowell it was another debt company. I have had no proof they own the debt and am getting wound up!!

 

Please Help

 

Cheers

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tell them to bugger off if they come to the door. they need to make a appointment with u under the OFT guidelines on debt collection.

 

2.12 g. not giving adequate notice of the time and date of a visit

Edited by The GodMother
adding oft guidelines.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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hi guys i'm new today so please be gentle with me

i had a barclay card around 10 years ago i was young and foolish and spent all the time i suffered depresion for around a year and the only thing i had was my barclay card it soon maxed out any way over the years i've payed active capital £20 a month suddenly 1 day i recieved a letter not from active capital but from another company wanting me to settle all the debt active capital never even contacted me i never missed a payment i must admit i ignored it for a while any way i still keep getting letters from scotcall saying doorstop collection not sure what to do or where i stand

 

hope you guys can shed some light thanks in advance

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hi guys i'm new today so please be gentle with me

i had a barclay card around 10 years ago i was young and foolish and spent all the time i suffered depresion for around a year and the only thing i had was my barclay card it soon maxed out any way over the years i've payed active capital £20 a month suddenly 1 day i recieved a letter not from active capital but from another company wanting me to settle all the debt active capital never even contacted me i never missed a payment i must admit i ignored it for a while any way i still keep getting letters from scotcall saying doorstop collection not sure what to do or where i stand

 

hope you guys can shed some light thanks in advance

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hi

could someone help me out with this last year i started reciving threatening letters from lowell financial regarding an alledged ammount owed on a capital one dept which showed a default date of december 2001 i had no contact with anyone in all that time never ackowledged a dept or made payments on one it was as far as i and trading standards a statute barred dept after numerous daft thrats phone calls etc i decided this year to cca lowell which they defaulted on , to my surprise i was contacted by RED which i know is part of the lowell group , i told them i was awaiting their "lowell" reply to my cca and they had no right to pursue me as this was in dispute with the organgrinder for two months i heard nothing , until that is mckenzie hall stuck their whiskers for out of the sewer in which they live . telling me they,ve been instructed by their client or pursuers LOWELL PORTFOLLIO 1 LTD , original creditor CAP ONE, for 520 pounds of my hard earned

my question if anyone can help is this

Should all documents pertaining to this dept have been passed to mac hall ? and if so am i in a position to request these from them ? i know they cannot provide them as lowell told me they had no such documents i.e original credit aggrement etc.

WHAT I WANT IS SOMETHING THAT THEY WILL DEFAULT ON

and therefore cost them money ?

not really bothered about their crap threats BUT A LESSON NEEDS TEACHING HERE !!

ALL SUGGESTIONS WELCOME POWER TO THE LITTLE MAN HUH :-)

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Well welcome to CAG your in safe hands now.

 

Well i have 2 pieces of good news for u

1 yes the debt is defently SB (Statue Barred).

2 Now Muck Hall have the debt u are basically home dry as they specialise in collection SB debts.

 

Now regarding the CCA.

 

Dear Morons.

REF MXXXXXXXXx

 

I DO NOT ACKNOLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU CLAIM TO REPRESENT.

I writing regarding your letter dated XXXXXX. Contents of which have been noted.

 

My records show that despite send lowells a consumer credit agreement request on XXXXXX which they recieved and have signed for on XXXXX they are yet to reply to the request.

 

As you will be aware under the consumer credit act of 1974 lowells had 12 working days to send me this agreement thena further 30 days before they entered into a deafult situation that means they are not allowed to enforce that alledged agreement.

 

Now under the consumer credit act of 1974 lowells have committed an offence which means that i can now report them and you to Trading Standards and the OFT.

 

I require you to confirm to me in writing within 7 days of you recieving this letter that u have closed the case and handed it back to lowells.

 

Your sincerley.

 

TYPE YOUR NAME HERE.

CC.

Your local TS

Muck Halls TS.

Leeds TS

OFT

 

 

Chuck that at them. They will possibly ignore it but they are fully aware of your intentions to report them to TS and OFT.

 

Then report them. This link should help u. Trading Standards Central - Trading Standards and Consumer Protection information for the UK

Edited by The GodMother
adding link

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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thank you for the letter template Godmother.

 

I've received threats and harrassment from 1st Credit, Connaught, Mackenzie Hall and now Meritforce for the last 3 years, despite sending the original CCA request back in 2005! They acknowledged receipt of the request but have subesequently never provided any information. Instead, they send letters every few months threatening "legal" action, doorstep collections etc.

 

anything more I can do? perhaps phone them and get angry?!?

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I have received a 3rd letter from these thames credit idiots.

 

they are still talking about solicitors and field people.

They have also added a search in my credit file.

 

they are also offering me a 35% discount.

Do they have right to pass this to a solicitor?

 

the debt is over 9 years old.

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well they have no right in chasing for it so they have no rite in sending a doorstop collector or threating legal action.

 

If court papers come then let us know as there is a brill defence.

 

Just a question how long since u made payment?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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well they have no right in chasing for it so they have no rite in sending a doorstop collector or threating legal action.

 

If court papers come then let us know as there is a brill defence.

 

Just a question how long since u made payment?

 

Before 2000 - about 1999

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so it defo SB then.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Does this 6 year rule apply to the csa? I had what i thought was a zero balance with them from 1998. 7 years later they started sending letters demanding £650. Its now moved on to various dca's who i keep telling i dont owe them any money. CSA sent me a statement showing a debit balance of said £650 but so long ago now how can i check if i owe it or not?

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Hi.

I am new to this site, my first post. I am some what confused. Here goes. A few months ago a company called Allied International Credit demanded £555 from something I bought 2 yrs ago which never worked, I took finance out with a company, so I didn't pay for the goods as it never worked and when I tried to send it back, there was no address. Anyway, thats besides the point. AIC kept calling, sending postcards to my address demand I call them, felt harrassed. Finally I spoke to them, explained eveything and they threatened me with CCJ, court etc....so foolishly I paid them! Not heard anything since, this was 2 weeks ago. They said they would send me a receipt, but nothing and yes they have taken payment out of my bank. I wish I never paid them now after reading comments on this web site. But I guess nothing I can do now eh?

 

Ok, another situation:

I am with a debt management company, I pay them and they filter out money to creditors, some dating back in excess of 9 yrs! I am concerned as I am sure some/most can be written off?

Also I had a random letter from a Brian/Carter solicitors, demanding I pay £1300 for a debt dating back to 1999. However this credit is in with my debt management people. Anyway I got very scared and rang Brian and Carter and they needed £77 off me to stop baliffs, so I paid this! Also wanting a direct debit set up of £50 a month to pay them, again I agreed this. I then spoke to DFS who this debt was with and they wiped it off, so I wonder why I still have to pay this, also I spoke to the debt management people who told me to cancel the direct debit, which I have and forward the letter onto the, which I have. They said I should not worry about this and Brian and Carter are just trying to scare me and that they do this all the time. It was horrendeous talking to these people over the phone and AIC! Can anyone offer me some advice or re-assurance, I'm a bit confused. I am just worried that now I have canceled the DD, they will keep enforcing I pay £77 to keep the Baliffs away!

 

I would appreciate any help with these matters above.

Many thanks.

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