General help with old debts wanted

[Pank]

I have quite few depbts over 6 years old that I get chased for now and again.

Is there any point when a dept is no longer chasable?

 

It seems that the debts just get sold and sold and then things start from the beginning again.

 

The companies never seem to have the credit agreements and then they leave you alone.

 

A year later you get another letter from another company chasing the same thing again.

 

How can I get rid of them all once and for all?

[Brassed off]

If you haven't made a payment or acknowledged the debt for over 6 years, then it's Statute Barred:-

 

Under the Limitations Act 1980, the time limits are:-

 

In simple contracts, 6 years and in contracts under seal, 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

The onus is on the creditor to prove they have the right to chase for payment. If they cannot prove they do then the debt would be Statute Barred. The great thing about the Limitation Act is that the burden of proof firmly lies with the creditor, if they cannot prove that a payment/acknowledgement has been made within the last six years they would be scuppered!

 

So if your debts are loans, credit cards, etc and over six years, then they are definitely Statute Barred (it's 12 years for mortgages).

 

Send them the Statute Barred letter - letter 'M' from the following template letters:-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it Recorded Delivery and don't sign it, just type your name

 

If you're still having problems, then start individual threads in the correct forums for each debt

 

The Dummies Guide in my signature is a "must read".

 

Welcome to CAG

[42man]

You may also be interested to know that if a company continue to pursue you when you tell them you are not going to pay towards a debt that is statute barred then this is harrassment

 

This is what the OFT say....

 

Section 2.14 (b)

 

• 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.

[Pank]

Right, What happens if it turnes out that my debts are statuture barred to my credit record? Will it fall off my credit record or how will it show?

[Brassed off]

If your debts are Statute Barred ie no acknowledgement or payment six years after the date of default, then they will automatically disappear off your credit file.

 

Have you sent the Statute Barred letter to the ones who are chasing you yet? If so, have you had any response?

[Pank]

Dear All,

 

I have a general question. I have an old Credit Card Dept that have been sold to a DCA, when CCA was requested it was not available and I was told that I would no longer be persued by the DCA.

 

Now I am planning to claim back late fees etc from the Credit card company, my question is if I do and get my money back and I request to have those paid by cheque, can the creditcard company demand that I pay the debt back even though that a long time ago it was sold to a DCA?

[maroondevo52]

Hi, Pank.

 

I think it's either one or the other, no CCA no enforceable debt.

If you try to claim charges back from the card, I think the courts look on this as 'false enrichment' , if the charges are more than the debt it may be worth your while pursuing, if not, leave it be.

 

Regards.

 

Scott.