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

[MereCat]

Not as yet.

Meanwhile I have been unable to locate a ‘post new thread button’, and this is closest match I can find so far I'm afraid.

 

Hello Dear Caggers,

 

My reason for being here, and I am new to this most excellent forum, is to try and establish whether it is safe to come out yet.

This is a reduced cover of the story, but with plenty of supporting correspondence and contemporaneous accounts should they ever be needed again.

 

Just over eight years ago I incurred a £12k unsecured personal loan with the Halifax. Sixteen months into a five year term, a debilitating illness prevented me from earning a living. I also had a modest overdraft on my Halifax current account, some outstanding with Halifax Visa credit card, and no other creditors.

 

I had loan repayment insurance from Halifax Insurance Ireland, which the salesman in the bank had told me was compulsory – IE that I would not be granted the loan unless I took out their policy. Later on I learned that I was being charged premiums at 3X the current going rate, and that technically loan repayment insurance was optional, but hey. The Visa account was also insured but the overdraft was not.

 

When it became clear that I would not be fit enough to work for the then foreseeable future, I felt hugely relieved that I appeared to have proper insurance cover, even if it was not the best deal. However this insurer tried every conceivable trick and manoeuvre to evade its commitments, leaving me financially exposed for months at a time, my only income at the time being Incapacity Benefit.

 

The Halifax Bank, "a totally different company from Halifax Insurance Ireland" they insisted, proceeded to ignore my attempts at constructive engagement with them, and instead bombarded me with letters before action and bullying phone calls. This was counterproductive, since the overdraft would have been manageable if they had agreed to hold it over with small token reductions till I was back on my feet again, and because I qualified entirely for the repayment insurance claims to be met every month by their partner organisation Halifax Insurance Ireland.

 

The ongoing struggle to prove my eligibility against the insurers’ catalogue of excuses, and the sporadic settlements that trickled through as a result, took their toll and ended up putting me into a financial ditch that I couldn't get out of, physically or mentally – a situation that many correspondents here will be familiar with.

 

By January 2004 the loan insurance payments stopped altogether, because by now, part of the symptoms of my illness as expressed on my doctor's notes, included clinical depression, and Halifax Insurance Ireland don't do depression..

 

I walked away, because I simply could not cope with anything anymore, and for a couple of years had an itinerant life, felt much happier, and gradually healed up.

 

There was enough burning rage and cussedness left in me though, to enable me to monitor the progress of the debt collection process through clenched teeth, because I could still collect my post discretely, and I kept a PAYG phone going.

 

Between June 03 and Nov 05 the three Halifax debts were each pursued by about four different Debt Collection Agencies. Every time an automated sequence of threatening DCA letters turned from 'pretend solicitor' white, to apoplectic bullying red, they just sort of petered out and would be followed by a similar performance by the next DCA to buy the debt and have a go. I also got a large volume of nuisance calls.

 

As you can imagine my attitude has shifted, from a perfectly normal intent to pay Halifax back, to one where I now feel very strongly that any indebtedness to them, is entirely extinguished by a moral counterclaim for the suffering they imposed upon me. IE they can go hang, if indeed ‘they’ are still lurking out there waiting for me after all this time.

 

I have done my best to study the threads, so as to avoid asking questions that have already been dealt with, and my apologies in advance for almost certainly being about to do so!

 

My first big question is, are these debts or any percentage of them still collectable? Needless to say I dare not ask any of them in person. I have attempted to credit check myself against my old addresses via Experian and Equifax etc, but have repeatedly run into the “incomplete information” block. I hesitate to reveal any current coordinates to one of these agencies. Is there any way I can check up on myself whilst protecting my identity? I have also managed to lead a normal life without the need to apply for credit.

 

Noting the whole thing about debts being Statute Barred after six years: My last contact in writing to the Halifax bank was in the summer of 2003, when I certainly acknowledged the debt whilst still mistakenly presuming there was intelligent life in there I could deal with, and I continued to send doctor’s MED4 forms to Halifax Insurance Ireland right up till Feb 2004. My last and final exasperated phone call, again only to Halifax Insurance Ireland, was in May 04. Should I therefore presume that my having maintained contact with the insurer of the outstanding amounts, constitutes an ‘acknowledgement of a debt’, and that I might be able to see myself as a free person again in about three months time, according to the Statute Barred definitions?

 

Quote [/color]

This creates an odd situation, because either there was a collectable defaulted debt, or there was an outstanding amount being covered by insurance payments, and I think that these two positions should be mutually exclusive?

 

My second big question, derived from my current inability to view my own credit state – is it possible that Halifax or one of its agents could have made me bankrupt without my even knowing about it? I would have thought that any petitions or CCJs in my name, would have made it impossible to open a new bank account, and there has been no trouble that I know of in that direction?

 

Thank you for reading. Sorry its a long one. Looking forward very much to your feedback.

 

MereCat

[diddydicky]

hiding your present address is neither a good move or necessary, indeed it could present a problem as they may (or may already have) obtain a ccj against you at one of the previous addresses.

 

You need to "come out" as you put it and face this head on and you will find that it is easy with the help of folk on here

 

the creditors and their lacky's stock in trade is "fear" - you can eliminate this weapon by facing up to the situation.

 

i would work on May 2004 to be on the safe side in respect of SB t

 

However, given that you are so close to where you want to be I would suggest letting sleeping dogs lie until JUNE this year and then a snail mail request to all three CRA's disclosing your new address and find out what is on your files .

[patrickq1]

at least until after june yes....dont even bother to check your credit file until after that date either as experium will no doubt contact H fax usually through one of there subsidaries ie wescot dc so leave it all in abbayance till after june in the meantime arm yourself with all the neccessary letters ready for registered post after june first one SAR and then cca....also try to read the documentation concerning the insurance and if you have any old halifax leaflets see what they advertised then and compare it with the fairness you have been treated with now,myself i was lucky Hfax cleared almost 200000 of my account due to illness i may have some old h fax leaflets lying around so if i find any i will put them in photo bucket for you to read ..so good advice is just keep your head down for a few more months

patrickq1

[MereCat]

Thanks very much for the advice Diddydicky and Patrickq1. I will mine down into the dusty old filing box, where I might find further details of HII's claims about the service they were supposed to be delivering back then.

 

MereCat

[standarren]

hi there chaps i have been informed this moring that our friend has recieved a letter about a debt she had 10 years ago unfortunatly she has phoned the company and asked for an expenditure she done this before i even new about it so my question is can she send them the statute barred letter or is she liable

[The GodMother]

when was it last paid or acknowledged by her?

 

If more than 6 years, 5 for scotland, then its SB.

[standarren]

when was it last paid or acknowledged by her?

 

If more than 6 years, 5 for scotland, then its SB.

 

it was last paid 10 years ago but she contacted them this week for an expenditure form ?

[The GodMother]

Its Statue barred if over 6 years. Write to them saying its SB. THEY have to prove otherwise.

[standarren]

Its Statue barred if over 6 years. Write to them saying its SB. THEY have to prove otherwise.

thanks for your help godmother i do think shes admitted to them on the phone that its her debt is it still sb if we send the letter m to the debt company

[The GodMother]

yep Just cause she admitted the debt over the phone it means nothing once SB always SB.

[standarren]

she will be so happy when i tell here she's coming round tonight she did see the citizens advise and they told her she needs to have a look at her credit rating to see if she has a county court judgment off them do we just send the letter and wait for a reply once again thanks so much for your help

[standarren]

Years a go a was paying activ kapital for a debt from my barclaycard around £3000. I was paying around £20 a month 1 day i recieved a letter from scotcall out of the blue for a payment of the £3000 in full. I then found this forum and sent them letter N i didnt here anything for some time so i completly forgot about it untill today. I recieved a letter from aktiv kapital being all nice offering to take 30% of the total it makes be laugh because scotcall wanted me to pay £650 to clear the debt' anyway on the letter thats just come it says the original debt is from tsb but i'm sure its my barclay card what should i do

[The GodMother]

Standarren have you cca'd them and have they taken of the already made payments?

[standarren]

sorry godmother what does cca'd mean

the new balance is £2789 i believe they have taken a certain amount off that i have paid

[The GodMother]

a CCA means consumer credit agreement.

 

Letter n in the template letters section.

[standarren]

yes if i remember i did that but i sent it to scotcall at the time not sure what to do now

[The GodMother]

you need to send one to who ever is chasing you now.

[paidinfull]

Hi Very interesting stuff!

 

Does the the above (first letter) apply to debt collectors attempted recovery of a Bank overdraft?

 

 

"If a period of 6 years elapsed without a payment or written acknowledgement of the debt then it is Statute Barred and cannot be enforced."

 

Many thanks

[The GodMother]

i would think so. Have never had a od so cant say for defenate but hey its worth a try

[Tip Harrison]

I was told today by the Consumer Credit Counselling Service that a debt will only become Statute Barred after 6 years if the dca or creditor makes no attempt to contact the debtor in that 6 years. If they did try and failed to find the debtor within the 6 years the debt stands.

This sounds ridiculous to me. Has anyone ever heard of a dca or creditor that didn't attempt to find a debtor; they go out of their way and stretch the law to find and harass debtors, their families, and anyone else connected. And even if they didn't, they could say they did. How could the debtor prove the dca never attempted to contact them within the 6 years...

[diddydicky]

CCCS being funded by the credit card companies- now why is that a surprise?

 

the real lowdown is that IF you have not made a payment to the account NOR admitted responsibility for the debt for 6 years then it will be SB

 

it makes not a jot of difference how many letters the creditor sends to you or if they tried to find you

 

the ONLY action the creditor can take to stop the clock is to issue a court claim against you

 

as soon as this is filed the clock will stop

[Tip Harrison]

So if a creditor issues a court claim, say after 1 year of your last direct debit payment, but cannot find you so they just send it to a previous address....what would happen?

[diddydicky]

it is your responsibility to keep your creditors informed of your whereabouts, so if you have not informed them of any change of address they are entitled to use your last known address

 

if however you have proof that they were advised of your new address (i guess that would only be acceptable to a court in writing- or perhaps letters from them to you at your new address) then any service to a previous address would clearly not be acceptable and any ccj so obtained could be set aside.

 

in short- moonlight flits can do more harm than good

[Tip Harrison]

Understood, but what if you are of no fixed abode, have written to them stating you are of NFA and can only be contactable via email...and they still write to you at a previous address? (that address's current residents have returned the letters unopened but they still send them)

[diddydicky]

i'm sorry but the responsibility is yours!

 

if you entered into a contract or agreement with someone and you then move or become of no fixed abode, the responsibility for providing a contact address is yours and an e mail address is not acceptable.

 

indeed you are probably in breach of most agreements by not doing so.

 

the other party to the contract, in the absence of a proper address by which they can contact you (your responsibility to provide) is entitled to regard your last known address as sufficient for service

 

the forum is really about giving advice to deal with debt problems- not, with respect, to finding ways to avoid your responsibilites