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

[Karl2]

Hi all,

 

I would be very grateful for your help in the following matter:

 

I recently received a letter from a debt recovery firm regarding "a personal matter". I called back and was told on the phone that I owed Barclays a sum of money from a personal overdaft in a current account which defaulted the 20th December 2001! I cannot recall having an open account with them then as I moved abroad in the late 90´s and thought I closed the account then.

 

I told them I would call the bank and clarify matters.

The bank told me that someone from the recovery unit will call me back with the information regarding my account as this was probably archived. To date I have not received a call back.

 

I spoke again with the debt recovery firm who told me that they would not have the information as the debt was sold and was also contacted on my mobile.

 

I received further letters stating that the Pursuers where Cabot Financial and the original creditor was Barclays. It also offered a reduced settlement. A further letter stated that I could made a reasonable offer to them in order to close the account.

 

I have been reading the thread and wanted to please know if the debt is now barred and if so what should I do in order to stop them sending me letters/calling.

 

Thanks for your help. I appreciate your advice in this matter.

[diddydicky]

if you have had no contact for over 6 years on this alleged debt the the offer i would make to them would be that if they ceased contacting you RIGHT NOW you will not report them to the OFT and Trading standards!!

 

it is statute barred if you have not acknowledged the debt for 6 years

[BelstarBomb]

Hi,

 

I agree with DiddyDicky.

 

I have had the same letters from Barclays about exactly the same going back to 2000 and they have finally got the message.

 

As to have Aktiv Kapital and Moorhouse.

 

Send the statute barred letter that you can find on here and they should confirm it in writing that they are no longer pursuing the debt as it is indeed statute barred. Suggest that they look up the recent ruling against Mackenzie Hall!

 

If not, complain to the FOS

 

Good luck,

 

Belstar

[JonCris]

karl if you HAVE read the thread I'm at a loss to understand why you need to even ask the question............ Also if you spend some time investigating the site you will find repeated all over the advice DO NOT PHONE them as they WILL lie probably claiming you have acknowleged the debt

 

But to answer your Q & assuming your dates are correct it's time barred ..............ignore them ....................period

[WeGotItBack]

Sorry, just made my own thread

Edited October 12, 2009 by WeGotItBack

[DianaT]

Please don't shout at me if I'm doing this wrong or posting in the wrong place.

 

My daughter lived at an address for nine months in 2001.(Address A) When she left she informed United Utilities and gave them her new address so that she could start paying water charges at the new address .(Address B) She had paid all charges, monthly, for address A and then at address B until she moved in 2003. She has never had any other correspondence from United Utilities. The have never told her she was in arrears at any point nor has she ever been contacted about a debt.

 

Last week a card from Roxburghe was pushed through the letterbox of address B and when the owner, who happens to be my son, called Roxburghe to find out what it was about they said it related to my daughter. She called them and they said they wanted over £1,000 in repect of a water bill owed from the address A. Since it was eight years ago she no longer has any receipts etc. They claim they have made many previous requests although she has NEVER received any. Nor have any been delivered to address B because after she lived there my son bought that house so he would have known. Like a fool she gave them her present address (mine) and asked them to send details.

 

She got a letter this morning demanding £1224.67 with the promise that if she pays immediately she may get a discount. As she owes nothing I wonder how much that discount will be. There was no other detail on the letter about how the debt was supposedly created.

 

My question is, does this (phoney) debt fall under the 6 year rule, given that she was a customer of United Utilities until October, 2003 but left address A in Sept.2001? When she spoke to Roxburghe on the telephone they only mentioned address A. Also because she left address B in 2003 she has no documentation to prove she paid the water charges at that address either. The only possible 'proof' she could produce is Council Tax payment records.

 

Can she tell them to go away and leave her alone? Thank you in advance for any advice you may give.

[garyboy66]

my wife was forced into making a payment to jbdr with threats of court the other day even though she know nothing about the debt. is this the same as accepting the debts ours. we have tried in vain to get details from them but had no luck is there anyway to get them to give us the details

[letitbeme]

Please don't shout at me if I'm doing this wrong or posting in the wrong place.

 

My daughter lived at an address for nine months in 2001.(Address A) When she left she informed United Utilities and gave them her new address so that she could start paying water charges at the new address .(Address B) She had paid all charges, monthly, for address A and then at address B until she moved in 2003. She has never had any other correspondence from United Utilities. The have never told her she was in arrears at any point nor has she ever been contacted about a debt.

 

Last week a card from Roxburghe was pushed through the letterbox of address B and when the owner, who happens to be my son, called Roxburghe to find out what it was about they said it related to my daughter. She called them and they said they wanted over £1,000 in repect of a water bill owed from the address A. Since it was eight years ago she no longer has any receipts etc. They claim they have made many previous requests although she has NEVER received any. Nor have any been delivered to address B because after she lived there my son bought that house so he would have known. Like a fool she gave them her present address (mine) and asked them to send details.

 

She got a letter this morning demanding £1224.67 with the promise that if she pays immediately she may get a discount. As she owes nothing I wonder how much that discount will be. There was no other detail on the letter about how the debt was supposedly created.

 

My question is, does this (phoney) debt fall under the 6 year rule, given that she was a customer of United Utilities until October, 2003 but left address A in Sept.2001? When she spoke to Roxburghe on the telephone they only mentioned address A. Also because she left address B in 2003 she has no documentation to prove she paid the water charges at that address either. The only possible 'proof' she could produce is Council Tax payment records.

 

Can she tell them to go away and leave her alone? Thank you in advance for any advice you may give.

 

Bump, For attention!

[dx100uk]

my wife was forced into making a payment to jbdr with threats of court the other day even though she know nothing about the debt. is this the same as accepting the debts ours. we have tried in vain to get details from them but had no luck is there anyway to get them to give us the details

 

what get the payment reversed!

you are under no obligation to pay anything!!

 

CCA the jokers and stay off that phone!

 

dx

[dx100uk]

Please don't shout at me if I'm doing this wrong or posting in the wrong place.

 

My daughter lived at an address for nine months in 2001.(Address A) When she left she informed United Utilities and gave them her new address so that she could start paying water charges at the new address .(Address B) She had paid all charges, monthly, for address A and then at address B until she moved in 2003. She has never had any other correspondence from United Utilities. The have never told her she was in arrears at any point nor has she ever been contacted about a debt.

 

Last week a card from Roxburghe was pushed through the letterbox of address B and when the owner, who happens to be my son, called Roxburghe to find out what it was about they said it related to my daughter. She called them and they said they wanted over £1,000 in repect of a water bill owed from the address A. Since it was eight years ago she no longer has any receipts etc. They claim they have made many previous requests although she has NEVER received any. Nor have any been delivered to address B because after she lived there my son bought that house so he would have known. Like a fool she gave them her present address (mine) and asked them to send details.

 

She got a letter this morning demanding £1224.67 with the promise that if she pays immediately she may get a discount. As she owes nothing I wonder how much that discount will be. There was no other detail on the letter about how the debt was supposedly created.

 

My question is, does this (phoney) debt fall under the 6 year rule, given that she was a customer of United Utilities until October, 2003 but left address A in Sept.2001? When she spoke to Roxburghe on the telephone they only mentioned address A. Also because she left address B in 2003 she has no documentation to prove she paid the water charges at that address either. The only possible 'proof' she could produce is Council Tax payment records.

 

Can she tell them to go away and leave her alone? Thank you in advance for any advice you may give.

 

tell them to go stuff themselves, statute barred.

 

its for them to prove its not statute barred not for you to have to prove it is.

 

keep off that phone!

 

ignore the jokers.

 

dx

[DianaT]

Thanks dx100uk. I am of the same opinion but my daughter, who is disabled, is worrying herself sick that bailiffs will turn up on the doorstep. I am going to tell her to wait it out for a while and see what happens. Hope I am doing the right thing.

 

I have been doing some research on Roxburghe and I would love them to start threatening! They would get a good fight from me!

[dx100uk]

you are confusing dca's with court bailiffs

 

dca's have NO LEGAL POWERS!!!

 

for a bailiff to be involved it would have to have gone to court.

 

ignore them

 

dx

[letitbeme]

Please don't shout at me if I'm doing this wrong or posting in the wrong place.

 

My daughter lived at an address for nine months in 2001.(Address A) When she left she informed United Utilities and gave them her new address so that she could start paying water charges at the new address .(Address B) She had paid all charges, monthly, for address A and then at address B until she moved in 2003. She has never had any other correspondence from United Utilities. The have never told her she was in arrears at any point nor has she ever been contacted about a debt.

 

Last week a card from Roxburghe was pushed through the letterbox of address B and when the owner, who happens to be my son, called Roxburghe to find out what it was about they said it related to my daughter. She called them and they said they wanted over £1,000 in repect of a water bill owed from the address A. Since it was eight years ago she no longer has any receipts etc. They claim they have made many previous requests although she has NEVER received any. Nor have any been delivered to address B because after she lived there my son bought that house so he would have known. Like a fool she gave them her present address (mine) and asked them to send details.

 

She got a letter this morning demanding £1224.67 with the promise that if she pays immediately she may get a discount. As she owes nothing I wonder how much that discount will be. There was no other detail on the letter about how the debt was supposedly created.

 

My question is, does this (phoney) debt fall under the 6 year rule, given that she was a customer of United Utilities until October, 2003 but left address A in Sept.2001? When she spoke to Roxburghe on the telephone they only mentioned address A. Also because she left address B in 2003 she has no documentation to prove she paid the water charges at that address either. The only possible 'proof' she could produce is Council Tax payment records.

 

Can she tell them to go away and leave her alone? Thank you in advance for any advice you may give.

I’m not conversant with utility agreements and the law appertaining to them, but IMHO I would say that the debt is 100% Statue Barred. I have asked one of the team to look in on your post.

LIBM

[Rooster-UK]

for a bailiff to be involved it would have to have gone to court.

Not only have gone to court, but you would have to lose the case, then not pay the charges set by the court.

 

Send them this letter......

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Copy and paste it into Word, Wordpad or whatever program you prefer.

Amend it to suit your own details and send that off to them.

 

Regards, Rooster.

[DianaT]

Thank you all so much. I will be showing my daughter this thread and advising her to send the template letter.

 

I will advise of any developments Thank you again.

[greendollar]

Had a letter from Activ Kapital regarding a account with Barclays from 1997,sent them the template letter about statute barred debts I found on this site,2 weeks later received letter from AK acknowledging the debt(£420)as statute barred and the account was now closed,balance zero.

Thank you CAG.

[garyboy66]

thank you very much for the reply. my wife feels a lot better about this after seeing that there is something we can do about this. we will send JBDR a copy of the letter that is in the link you gave us. i will let you know the outcome. again thank you for your help

[bigdave2210]

hi got a loan out with the halifax in 1998 for 1000 quid. never paid it back to them or spoke to them. the address was my mums and they kept sending letters there with no reply. they then sold it on to various debt collection agencies who kept sending letters to mums again with no reply to any of them. have just moved into my own address with my partner and a year dow n the line recieved a couple of letters of aktiv capital debt collectors saying i owe this that and the other. have once again not replied and just returned them as does not live at this address. the final letter i got was saying there going to send collectors to my house. just want to no what to do next for the best as have have had no contact with any1 in either phone, letter or face to face since i got the loan. im not so bothered but my missus is doing her nut. any help would be great cheers people.

[JGJ]

bigdave2010,

 

Send them the letter "Dealing with Doorstep Visits" which is in the same place as the "Statute Barred" letter that Rooster-UK posted for you. Remember always send your letters by signed for delivery and "DO NOT" speak to them on the phone.

 

"EXEMPLO DUCEMUS"

[bigdave2210]

cheers for that will do. so should i just keep returning letters after that as return to sender.

[dx100uk]

cheers for that will do. so should i just keep returning letters after that as return to sender.

 

pers i'd send them nothing

only put a flag on their files that a mug might pay.

 

its statute barrd by far

just ignore everything they send.

 

if you reply it will just be fwded on as contact made to another DCA when the phishing list is sold.

 

dx

[diddydicky]

cheers for that will do. so should i just keep returning letters after that as return to sender.

 

no, just file them

[swt61]

Hi, I have a old Debt that used to be with The Halifax they issued a Default back in Oct 2003 they then after us requesting all the CCa information from them sold the Debt on to C.L Finance who then did send us some form of deed of assignment letter.

 

The Default came off our credit file for a couple of weeks after the Halifax sold the Debt on but within couple of weeks it re-appeared again as registered but with C.L Finance, they did at least put Oct 2003 as the start date.

I have now been informed after checking my credit file that this Default will come of my credit file this month as the 6 Years will have expired .

 

I have been paying very small amounts to them under a DMP

 

What can happen once this Default has expired can then take any further action at all ?

 

Regards,

 

Simon

[dx100uk]

no, as long as you do not change the agreement/payments to them, then they cannot default you.

 

you would do best to start your own thread.

 

dx

[swt61]

no, as long as you do not change the agreement/payments to them, then they cannot default you.

 

you would do best to start your own thread.

 

dx

O.K many Thnaks for the quick reply

 

Simon