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

[diddydicky]

i hope i am wrong but i think my point might be worth noting on this thread

 

although there are clearly more than 12 years since you last had any contact with the mortgagor, i presume the mortgage was in joint names

 

now if your EX has had dealings with the bank within the last 12 years

she may have "dropped you in it"

 

i say this because you are both jointly and severally liable for the debt and i have this feeling that if ONE OF YOU admits or makes payments to the debt then it probably will be a joint and several liability

 

perhaps might be worth getting legal advice on this point unless someone has a definative answer from a legal background

[diddydicky]

I have just received a letter from buchanan clark +wells re an alleged debt dating some 12 yrs ago. A ccj was obtained but defaulted on after only a few payments were made and certainly nothing in the past 11yrs has either been paid, or any contact written or otherwise has been made.

 

Does this come within the statute barred regs, even after the ccj??

 

Advise would be gratefully received.

 

 

 

"EXEMPLO DUCEMUS"

 

ccj's last ad infinitum however if no action is taken for 6 years the creditor must apply for leave of the court to enforce .

 

it is worth checking the register yourself to see if it still exists because if it does not then the only record will be yours and the creditors copies of the judgement and after all this time it could be a bluff- someone could have bought a load of debts without the proper docs

[diddydicky]

diddydicky,

 

Thank you for your swift input, I think the prove it letter would be a good start.

Thinking back I seem to remember these are the fourth or fifth set of begging letters that I have received from dcas and sols.

I think it is passing down the gutter awaiting the desperate grasps of the dcas, I could just ignore what do you think??

 

"EXEMPLO DUCEMUS"

 

not a good idea to ignore it if a ccj is in existence since it could lead to a charging order application

 

i think id be inclined to play dumb and write and say i don't know what your'e talking about, kindly send me a copy of this alleged ccj

[diddydicky]

Hi Odc A Bit Of Advise On This One Please Basically Had A Peronal Loan With Alliance And Leciester In 1999 Hit Hard Times In 2001 And I De Faulted On Payments In 2003 They Sold The Loan To Teressa Holdings Who Over The Last 6 Years Put The Debt Out To Various Debt Collecting Companys I Have Not Made A Payment Since 2001 In November 2007 Terssa Holdings Give The Debt To The Biggest Scumbags Of All Mackenzie Hall But Thanks To The Sound Advice Of The Consumer Forum They Have Now Threw The Towel In The Company Who Are Dealing With It Now Is Rockwell Debt Collectors Who Go Down The Same Lines As Muppet Hall Court Action Balliffs Etc But Ive Just Found Out Rockwell Are Part Of The Teressa Holdings Group What Is Baffling Me As Teressa Holdings Have Held This Debt For 6 Years Why Haven T They Just Took Me To County Court And Got A County Court Judgement Against Me ???

 

probably becuase they know its statute barred

 

you need to check carefully your last payment and/or written communication with them and if there is more than 6 years unbroken you can tell them in polite terms of course to take a long walk off a short peir!

[diddydicky]

pier , even

[diddydicky]

also if its over 6 years and details have fell off your credit file,

 

and been removed from central court records,the dca needs original court details to apply.

 

and they will only be given permission within 6 calendar months of the date that they purchased the debt.

 

SAM:pLOWELL DETESTER

 

and. if i have been reading correctly on this forum- if the ccj is assigned to someone else you should have been given the opportunity to challenge it and i think i am right in saying that this also gives you another opportunity to challenge the original debt(might need to check that out with some of the mods)

[diddydicky]

See this:

 

“Assignment of debt defeated by payment”. A judgment debt sold on is defeated. Also stay of bank charges case.

 

http://www.wragge.com/analysis_4401.asp

 

HTH - Richard

 

i think you may have mis understood the meaning of this judgement

[diddydicky]

NO

 

fair enough!

 

(put the beer back in the fridge john)

[diddydicky]

What about the rest of us do we not get offered one?

 

ooooooo matron, you're not asking me to "give you one " are you?

[diddydicky]

I think it is.

 

Basically they have told me, via a doorstep caller, that they do not believe that previous tenant has moved out. Bearing in mind they are accusing me of be a 50 year old male when i am clearly female and 28 years old.

 

I keep sending letter back and they ignore them. ometimes they are without envelopes and other times open when they come threw the door.

 

you need to change your name to the God Daughter!!

[diddydicky]

I have just received a letter from a firm called activ kapital, they say they have been trying to contact me at a previous address and have been told i no longer live there and have found my present address via public info, they quote an agreement number which means nothing to me and no other info at all, i rang the number on the letter and had to leave a msg on answerphone as nobody was available, i have said that i got the letter and gave the ref number and asked what address they had been trying to contact me at, and that i had no knowledge of any such agreement, i am waiting to hear back from them, i have lived at my present home for 7 and a half years and this is the first i have heard from them, i really dont know of any such agreement, has anybody else had this happen? i find it worrying, i have just found out that i am bipolar and am feeling quite ill with stress due to other issues and i dont need this adding to them. Any advice would be very welcome.

 

quite often a fishing trip- just confirm that you are not who they seek and refuse to give any other information as to who you are

[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

[diddydicky]

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

 

no, just file them

[diddydicky]

Just thought I'd post an update on the problem my daughter had with Roxburghe. They sent her two threatening letters before she decided to write to them. She sent her first reply by email and followed it up with a recorded delivery letter.

 

She modified the template letter from this site, including some of her questions and details, pointing out the Limitations Act 1980 (the alleged debt was from eight years ago) and informing them she had been in contact with United Utilities. She received a letter back from them which said:

 

"Thank you for your communication and we have noted your comments upon your account.

 

We confirm that all further collection activity has been suspended whilst we take our client's further instructions.

 

We shall write again as soon as possible."

 

I'm quietly confident that we probably won't hear anything more from them. But if we do I know I can come here for sympathy.

 

Thanks to all who gave advice and thanks for the template letter.

 

it's a load of B***s**t to make it LOOK LIKE they have investigated- they will come back

[diddydicky]

if it is MORE than 6 years (check carefully) since you last made a payment or admitted the debt in writing it is statute barred

 

just write P *** OFF in big letters across it and send it back or just bin it

 

it means diddly squat

 

if it is not yet 6 years let us know

[diddydicky]

better do as GM suggests

 

P*** Off is a technical term:D

[diddydicky]

if you made this arrangement with CCCS the first port of call is to contact CCCS and ask for evidence and an explanation if you can get their support for your proposition that it was understood that interest was being frozen you will be in a good place to start with

[diddydicky]

the 6 years starts from the date of YOUR last payment to them or written admission of the debt!!

 

when they served a DN is of no relevance

[diddydicky]

acknowledging that there is "a claim" is irrelevant provided that the communication says that "the claim" referred to is denied

 

it would be unusual indeed if someone received notice of a "claim" , of which he knew nothing and did not seek to find out or clarify what this "claim" was in respect of

 

therefore an acknowledgment of a "claim" in itself- if that acknowledgement is a query about, or denial of any liability would not be an admission of the indebtedness.

 

i think you are taking the letter of the law too literally

 

if no payment has been made and the debtor has not ADMITTED that the debt (whether he states the amount ) is owed then that is sufficient IMO

[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 .

[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

[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

[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

[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 responsibilities

[diddydicky]

so they just have to file a claim to stop the clock?

Don't they have to get judgement?

 

In that case they could file a claim and not bother with the process , forcing you to pay and file for a Strike out?

 

you would not have to pay for a strike out- if they fail to answer your defence within 28 days their claimed would be stayed by the court

 

just think yourself lucky that they have less brain cells than you do!