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

[The GodMother]

EVERYTHING and we mean EVERYTHING not matter how trivial u thing it is goes to the company RD at least.

[caitlin2]

Hi,

Can anyone advise me please. I recieved a letter 2 weeks ago, from a debt collection agency chasing a debt from 1999. I have had no contact from them at all and this was the first time I had heard from them regarding this.I looked on here, and sent them the letter re:the debt being Statute barred (template above).

I have this morning recieved a letter back from them asking me to call their office to discuss the matter? What do I do, I don't want to call if they then say I am acknowledging the debt.

Any advice would be much appreciated.

[dannyboy660]

You are under no obligation to call them if you don't want to. If you do, you can be sure they will try to bully you into accepting a debt which may not be yours and is statute barred. That's the only reason they could possibly want you to call.

 

It's best to be on guard in case they get your 'phone number.

Be wary of unexpected calls from people asking you to confirm your d.o.b, address etc before they even announce who they are.

Just refuse to answer, and hang up. That includes those mystery prize draws you didn't enter anyway.........

[southdt1]

Hi all

I have just received some letters from a Company called Debt Managers Ltd on behalf of Aktiv Kapital Ai regarding a debt of early £7000 pounds! Having spoken to them it is apparently for a computer from Tiny way back in 2000. I have checked my credit file and there is no record of it. I have moved house twice since 2000 but have not received any communication that I can remember in this time.

Should I send the statute barred letter?

Or any other suggestions?

Many thanks

[tiglet]

Yup, send the statute barred letter and see what they come back with.

[southdt1]

Many thanks, I've just posted it so will let you know.

[vvksw4]

After i sent of the SB letter, i received a letter back from Makenzie Hall, saying,

thankyou for your recent communication, they have placed the account on hold for 7days whilst these enquiries are underway and if i could call them to discuss the matter further. If i dont call them then they will reopen the account

Not sure what to do here, any help is appricaiated

Thanks

[tiglet]

DON'T call them - unless they come back with proof that the debt is not statute barred, continuing to contact you can be deemed as harassment - if they do, you will need to contact East Ayrshire TS about them.

[vvksw4]

Okay i will wait and see what happens and post back on here. Thanks Tiglet for the advise

[tiglet]

YW

[Pigglett1995]

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.

 

Dear All

 

I thought I would update you, since my last posting and my request for my CCA, Lowell have finally written back:............

 

" we refer to your recent request for a copy of the original credit agreement for this account.

After liasing with the Abbey National in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the ageement is received at some point the future from Abbey National Plc."

 

I think this is classed as a RESULT!!!

 

Many many thanks for all your help suport and advice I don't think I could have achieved this without your help. Good luck to all the others in the same position. I think standing your ground NOT contacting them via phone and NOT signing the letters is very SOUND advice.

 

THANK YOU SO MUCH

 

Xxxx

[Pigglett1995]

I forgot to mention that I also followed your advice and complained to my Local Trading Standards regarding Lowell's so they do have a record of my complaint against them. If they were to continue to harrass me I was to go back to them. xx

[soul43man]

Hi, I have recently been contacted by Thames credit regarding a debt to a company called Time credit which is over 6 years old. I moved to my current address approximately 5 and a half years ago does the 6 year rule apply to my account I have not made any payments or sent them any letters in that time. I just wanted to clarify were I stand on this. Thames are also saying they have bought this debt

[tiglet]

What kind of debt is it?

[soul43man]

It was a store card

[tiglet]

Then if you have not paid or not acknowledged in 6 years, yes, it would be statute barred.

 

Send them this: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html - it's letter M

[soul43man]

thanks for your help

[tiglet]

YW

[Mizztier]

Hi I am new to this site but wondered if anyone could help with my query I had joint bank account with Lloyds tsb and my ex husbands name was first so all letters have his name first when we got divorced 13 years ago I accepted responibility for the debt on the bank account beacuse it was my debt not his I have been paying tsb over a number of years now and recived a letter today from a company called Apex credit managment who want the debt paid in full I phoned and explained the debt didnot belong to my ex husband and I was responisble for it but they refuse to speak to me any ideas what to do now thanks

[soul43man]

Hi, again what is the maximum amount that this refers to? Would it apply to an amount over £10000

[befairmrbank]

I have an unsecured loan with Welcome Finance. I haven't had a great record of keeping my monthly payments.

I ttok the loan out in September 2006. £1500 over 36 months - 80.44 a month repayments. Have probably made about half of them. Tried in August to make a one-off payment of £2000, which I had then. The bill due to added interest, charges, interest on charges, letter fees, and all the usual, was £2800, and they refused my offer.

Have paid £85 in Aug and Sept, missed October. They sent someone to my front door today and left a letter as I was out.

They seem to persist in calling to people's homes.

What are my rights to legally warn them off from calling at my home, and can I demand that they only contact me by letter?

 

Any help would be great, thanks.

[The GodMother]

dear numb skull

 

bog off.

 

from befairmrbank

 

Now on a serious note send them this

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

This basically means unless you have an appointment please leave or l will call the police.

 

it works for me

[Phenolic]

Hi all,

Just wondered if anyone could cast an eye over this statute barred letter I am about to send off and see if it is the right way to go regarding a debt I'm being chased for that's older than 6 years..Many Thanks in advance.

 

"

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We also note that you took over 8 months to provide a copy of the credit agreement.

By not supplying the documentation within the allowed time you may have committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. You are reminded that you were obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974

Furthermore, the legal request for a copy of the agreement was sent together with the statutory fee of £1.00. This payment was the fee payable under the Consumer Credit Act for the documentation and should not have been misappropriated.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours Faithfully, "

[DoggyDo]

Hi all, with help from you wonderful people on this site last year I took on Lowell regarding an alledged Capital One dept. At the time (Oct 07) I sent them a letter asking for proof of debt. I heard nothing until 19 Nov 08! they have sent me a copy of my Short Application Form which does have a small para at the bottom called Credit Card Account Agreement which I had signed in 2001, along with a letter demanding payment within 7 days or they'll start legal proceedings. I can't believe it took them a whole 13 months to reply! Today I have checked my Credit Report (experian) and the Lowell/Capital One report has been removed due to being over 6 years old. I'm not sure how to proceed so any advice would be great.

 

 

Just want to congratulate everyone who contribes either their experiences or advice on this site as it makes us all stronger.

Edited November 24, 2008 by DoggyDo

[Busaman]

Hi !

 

Along the same lines as some of the interesting posts on this thread,

can you advise me pls ?

 

I have one last outstanding debt to deal with which was sold to a DCA a few years ago.

Last time I made a payment on the debt was over 6 years ago for absolute certain.

I slipped out of society after my RTA and faced homelessness and total destitution. I have repaid all of my debts apart from this.

 

Because I have no income and live with quite bad disabilities I do not wish to be forced into paying the DCA.

I have received letters from them this year after they obtained my address, all letters were before the 6 year deadline has lapsed.

I have not responded in any way.

 

If they decide to write to me again making threats (as they do) what are my options to tell them to go away ?

I have no intention of contacting them, but would like to know what to do "if".

 

Many thanks !