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

[johnwilli]

Thank you both, just phoned my local county court and the forms are on the way. Much appreciated!

[tiglet]

Let us know when they arrive if you need some help filling them in.

[The GodMother]

YW i dont mind helping ppl

Shout if you need anything like tiglet says.

[bremner8]

This thread is very interesting so could someone please help me? I have tried to pay off outstanding debts a few pounds at a time. All of them were taken out more than six years ago and debt collection agencies etc still write to me asking for more. Where do I stand with regard to the statute of limitations?

[jody123]

Unfortunately if you have paid anything towards, or acknowledged any of the debts within the last six years then they are still "live" and are not statute barred.

 

The clock starts to tick for the 6 year statute of limitation from the last payment you made, or the last time your acknowledged the debt - even if you were to go five years without payment or acknowledgment and then did one of the other the clock would start to run again...

 

Jody

[bremner8]

Thanks for that bit of bad news! Seems I am stuck with debts I can no longer afford to pay.

[jody123]

hi Bremner8,

 

Sorry for the bad news.

 

There are other ways of dealing with your debts which very much depend on your circumstances - but unfortunately this is not my area of expertise.

 

Why don't you start your own thread detailing all your debts, the payments you make etc and then someone will be along to give your help and support?

 

Jody

[oknowihope]

Hi there

 

I have posted on another place but this might be the place to get the correct answers i hope.

 

I had a lot of problems in 1998 after a breakdown and been off work for over a year ( wish i knew about a site like this then ). Anyway I got advise from my local council who helped me through that period setting up repayment plans with all my creditors. The years past and in 2006 I received a letter from Cabot ( although at the time it had nothing on the letter saying it was them just a telephone number to ring ) I spoke to them and they said it was for an outstanding debt to Barclaycard and I needed to arrange to pay it. I immediately ended the conversation and the next day spoke to the debt councellor at the council who told me to speak to them again and tell them mity was staue barred because it was seven years since i last heard about the debt. These people were horrible to talk to and very aggressive in their telephone cconversations. Basically I told them to take a run and jump ( but in more words than that ) Having been hounded for the first couple of years after 50k being chased I knew not to speak or give numbers or anything. I did send them a letter in my own words telling them that the debt was statue barred and I have heard nothing since.

My life is much better now and I am going along nicely until I check my credit report and I have a default from Cabot in 2005 on my record with Equifax, I have one on Experian which has been added this week but is dated 2005. I have not checked Call Credit but I expect it is there.

 

My question which no-one has been able to answer yet is,

 

Can these people place a default on an account that was Statute Barred. That I have never had an account with or made any agreement to pay any amount of money. All my other credit history is clear now and I will get hit again for another six years on something I have laready taken six years to get off.

 

After digging a bit more on equifax I find that searches have been done in July from in one box associate and the other box is Barclaycard / BhS so I presume these people now know my credit rating was excellent these days and are out to sting me.

 

I am ready for a fight but need to know where I stand to deal with it.

 

This I feel is totally moraly wrong to knock people down forever and now I have found this site I will not only deal with this but will start to help others who find themselves in the situation i was 10 years ago and that was totally devastated!! And I owed over 50k and got through to fight another day.

[devotchka02]

Hello,

 

My name's David and I hope I've got right forum. I'm involved in a massive dispute over a complicated debt situation with Barclays. In summary I was a victim of credit card fraud/ identity theft in 1996. Somebody impersonated me to obtain a duplicate of my Barclaycard while I was living in Australia and they used it to open a store account card with Debenhams. The culprit blew £1,300 and left me to carry the can. Except that it lay hidden for six years until summer 2002 as I closed that account shortly after going down under.

 

A debt collection agency, Credit Solutions, were appointed to chase the Debenhams debt. They eventually found me and registered libellous things with credit reference agencies which effectively accused me of being a master criminal. Barclays saw this and immediately foreclosed on me, confiscating my current account and calling in a £5,000 personal loan at 24hrs notice which I couldn't afford to pay back.

 

The Debenhams thing was resolved easily as I was quickly able to prove my innocence of that crime. But Barclays refused to reinstate my accounts and insisted on trying to have me prosectued for non-repayment of the personal loan. I ended up having to go through a debt management programme from summer 2002 and made monthly repayments over the next six years.

 

Credit Solutions were appointed by Barclays to deal with that as well and I had nightmares with them. They kept trying to add thousands of pounds in interest and other punitive charges on to the debt in contravention of the debt agreement. And then around Christmas 2007 they begin making threatening obscene phone calls featuring foul language and demands for more and more money. I took legal advice from a solicitor and was told that what Credit Solutions were doing was so far beyond the law that any debt agreement was null and void and that I should refuse to make any further payments.

 

So I stopped, having reported Credit Solutions to the police, and heard nothing for months. But in July 2008 I received a threatening letter from a different debt collection agency, Wescot, claiming I still owed Barclays £5,000. What seems to have happened is that Barclays have taken the debt back from Credit Solutions and reset it back to the beginnning. Although that is not entirely clear because further correspondence from Barclays first said the debt was £4,300 and then £3,700. It seems like they're making it up as they go along.

 

I've been advised that the Consumer Credit Act (2006), which came into effect in April 2007, makes all debt agreements involving unsecured personal loans and credit cards made before that date enforceable in law. The events I'm describing have taken place over a 12-year time-frame while the debt agreement with Credit Solutions dates from summer 2002 Barclays and so should be covered by said act.

 

But Barclays, in their latest letter dated September 4 2008, claim no such act exists and that they are allowed to purse a debt with impunity, effectively forever, and that the debt is whatever they decide it is. I'm absolutely seething about this but have struggled to find people who give advice about what to do. CABs in Scotland, where I live, have been decimated, the few debt care agencies left up here have waiting lists months long and I'm been quoted fees starting from £175 per hour to appoint solicitors to take Barclays on. I therefore hope there's somebody on here who might be able to point me in the right direction.

[The GodMother]

they are talking rubbish.

 

Do u have proff u have paid over the years if so then u tell them to bugger off and you have paid over x amount to CS.

 

A failing that look in the template letters section for letter N and with a £1 pOSTAL ORDER SEND WESCOT THAT. WOULD LIKE TO SEE IF THE CCA IS STILL AVAILABLE.

[whiteheat]

i recently asked lowell portfolio 1 to send me a copy of my agreement with capital one they sent me a copy but it appeares that above my alleged signature and date that some one hase blanked out the above mentioned section so all i got was the ccaa can some one please help with this because on the same day i recieved this another threatening letter arrived from meritforce dca with a reduce offer so please help if you can thanks ..hope i am in the right place this time ... dumb blond you see lol:confused:

[The GodMother]

hi have u got ur own thread? if not could u please start one and we can help u more

[whiteheat]

Ok Thanxs

[oknowihope]

I have as well but no one seems to know the answer to my question. I can see similar things but not a thread for my specific problem If you know where there is one I would be very much appreciated to look at it

[The GodMother]

which ones do u want me to look at?

[whiteheat]

Whiteheat If You Please No Idea On Starting New Threads Told You I Was Dumb

[The GodMother]

rite so this is regarding debt

 

At the top of this page above the red writing u will see somethng which says debt collection industry. click on that

 

that will take to to a list of posts whcih have been made. Scroll down on that then go to where it says new thread or start new thread or summing like that abd click then u can start your new thread.

 

A sugguestion for the titled would be.

 

cap1/lowell/strange CCA.

[Pigglett1995]

Hi All, Following on from post 37 I have had acouple of further letters inviting to make a payment which I have ignored. This morning I received a letter from Hamptons Legal (part of Lowell Fin) stating that they will obtain a a copy of my credit file from Experian and then decide which form of legal action to take. The letter then goes on to say that if I'm a homeowner (I'm not) I could lose the house, or if I'm not a homeowner then I can expect an attachment to earnings (I don't work) of a visit from the bailiffs to remove goods. A little background info:- Loan taken out in my name only about 2000. Several payments made but when my then husband left in 2001 no furher payments made. At the subsequent court hearing (Feb 2003) to resolve the financial arrangements the court odered the ex to continue to repay this loan. I remarried last year.

 

Should I continue to ignore them or is it time to seek the advice of a solictor and reply via them? Any other ideas suggestions would be most welcome.

Thanks.

[tiglet]

Could you send them a copy of the court order?

[The GodMother]

Yes i would advise that u send them a copy of the court order with a covering letter advising that if they dont leave u alone u will sue them for harassement and show the courts this letter and the previous court order.

 

Send by recorded delivery at least.

[Pigglett1995]

Hi Tiglet / Godmother,

I am reluctant to contact them directly as I don't want to invite more aggressive tactics. Don't particularly want to end up in court either!

At the time of the court hearing I did add a note on the experian credit file explaining why the account was in default and giving the name and address of my ex along with the case number and court name. I have checked recently and it's still there. Do you think that will be sufficient?

I feel very reluctant to put my head into the lion's jaws, I don't trust them in way shape or form, so is there is anything else I can do before taking the plunge and replying?

 

Thanks for your help.

Pigglett

[tiglet]

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.

[The GodMother]

you could do as tiglet suggested but u could always send them this.

 

Dear

 

Re account number.

 

you recently contacted me regarding the above mentioned account number.

 

My records show that on this debt was brought before and ordered that repays this debt.

 

For your information i have included all details regarding the courts and the case number.

 

 

I am now askin that you stop harrassing me for this debt and start harrassing as per the court order.

 

Yours

pigglett

 

copy to re

 

then i would suggest you write to the courts something like this.

 

Dear courts.

 

Re case number

 

I have recently been contacted by................. regarding the above mentioned case number. I have enclosed all copys of the letter sent and recieved by this company.

 

Please would you take the necessary steps regarding them contacting me as in accordance with the court order made on by .

 

yours

pigglett

[johnwilli]

DO NOT IGNORE THE STATUTORY DEMAND ... 21 days after service, they can apply for your bankruptcy

 

Hi guys, I filled the forms in and took them to my local county court and I have a hearing next thursday morning, is there anything I need to do or take with me before my hearing.

 

Much appreciated

[dignden]

Can somebody give me some advice please

I received a call today from a company called Mckenzie hall,they asked me had i ever lived at an adress they gave me i told them no,but they insisted that i had and i owed them £3700 from a debt with HSBC in july 2001,i have told them that they have the wrong person and they said i need to go to the police and report fraud is this correct or are they fishing ?They said that they didn,t believe me and were going to serve papers on me.