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

[BankFodder]

Have you received threats of legal action in respect of debts older than 6 years?

 

Although if you are in debt, you will continue to owe the money until it is paid off, after 6 years the debt is probably statute barred which means that the creditor will have lost his right to sue for the money.

 

Despite this, debt collectors frequently rely on people's ignorance of the law or their fear by making threats of legal action to recover debts even though these threats are unenforceable.

 

The making of such a threat is dishonest.

 

Now, the new CPUT Regulations 2008 (Consumer Protection from Unfair Trading Regulations) may make such unprofessional behaviour unlawful.

 

If you have received such threats, you should not respond to the debt collector but you should write a letter of complaint to the OFT who are obliged to investigate your complaint and to take enforcement action of some kind if they agree with you.

 

See the new explanatory notes on the 2008 CPUT regs at http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

 

Please do let us know if you are taking any action under CPUT as we would like to keep ourselves updated on how useful it is.

Edited May 30, 2008 by BankFodder

[sosumi]

Just read Page 3 - please folks read Page 3! Many thanks BF :)

[dc240969]

What if the company has sued in the past. And the debt is paid but contractural interest is still remaining. l havent gotten all the figures yet but lm in this position.

[postggj]

i believe you can only get a ccj once for an account

once a ccj has been awarded thats it, end of story

 

if the account has not been paid after six years when the ccj will drop of your credit file the finance company would have to go back to court to ask a judge.

they would need a very good reason.

 

my opinion is they are useing scare tacticts.

 

like i said my opinion, some one else will confirm or correct me if wrong

[LateDeveloper]

I keep receiving calls from a credit factoring company on a regular basis.

The original sum owed, was in dispute with the company, however they refused to discuss the matter and handed it over to a credit factoring company. 8 Years down the line, this company has now approached me by telephone and continue to hound me.

They started their conversation off by asking for my personal details, because they said, it was for the data protection act. I refused to divulge any information and asked them to write to me first.

This company has not once sent me a letter as requested and continue with their phone calls. On each occasion I politely refuse to discuss any financial situation over the phone, which does not stop them trying to confirm I am the person they wish to contact. I now just put the phone down on them, and do not respond to their questions.

However these phone calls have now become a nuisance, what can i do about them, if anything ?

[postggj]

When Was The Last Time Payment Was Made Or An Acknowledgement In Writing

[LateDeveloper]

They said they sent me a letter in October, but if they did, I did not receive it. However they didn't say which year they sent it.

 

I have repeatedly asked them to send a copy, but they have refused.

Edited January 12, 2010 by LateDeveloper
Addition to clarify.