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Help with debt over 6 years


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Can anyone help me with this one.

I had a derbt with Vodafone well over 8 yrs ago.

I was getting chased from a company called Wescot and didnt reply.

I have not heard anything for the last 3 yrs then about a year ago they started chasing again sending letters which i have ignored.

I have then received a letter from Frederickson International and have ignored that.

I now have had a letter from Bryan Carters chasing the same old debt.

Thing is I am paying Bryan Carters for an old Capital One debt.

Can anyone advise me where i stand with this old debt.

I am 99% sure i have not contacted or responded to any of there letters regarding this for well over 6 yrs.

Any help please?

Do i send the letter M??

 

Thanks

Halifax

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Cap One

Settled in Full

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A debt is deemed to be statute barred if there has been no acknowledgement of the debt in writing, or payment made against the debt for a period of 6 years.

 

If you are sure that 6 years has passed without acknowledgement nor payment being made, then send the statute barred letter from the template library,

 

if you are not 100% confident, then send them the "prove it" letter, either way be very careful of Carter, they will initiate court action at the drop of a hat, however, they also have a habit of merely seeking to claim their fees in court which effectively splits the claim, something which is entirely illegal and will result in their claim being struck out.

 

In the case of there not being a six year gap making them prove it, places the account in dispute and they are then obliged by statute to follow certain procedures. ignoring the debt will more than likely see Carter assuming there is no defence and going for a judgement by default.

 

Either way write to these bloodsuckers and start the ball rolling.

 

Don't speak to anyone on the telephone, no matter what they say or insist on, refuse to answer their security questions and insist that all communications are made in writing, keep proof of postings and copies of all correspondence

 

Hope this helps

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Letter 'M' from here....send it recorded delivery and do not hand sign the letter....

 

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

 

Bear in mind that if they try and pursue you for a debt that is statute barred this is what the OFT say....is physcological pressure/harrassment

 

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.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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A debt is deemed to be statute barred if there has been no acknowledgement of the debt in writing, or payment made against the debt for a period of 6 years.

 

If you are sure that 6 years has passed without acknowledgement nor payment being made, then send the statute barred letter from the template library,

 

if you are not 100% confident, then send them the "prove it" letter, either way be very careful of Carter, they will initiate court action at the drop of a hat, however, they also have a habit of merely seeking to claim their fees in court which effectively splits the claim, something which is entirely illegal and will result in their claim being struck out.

 

In the case of there not being a six year gap making them prove it, places the account in dispute and they are then obliged by statute to follow certain procedures. ignoring the debt will more than likely see Carter assuming there is no defence and going for a judgement by default.

 

Either way write to these bloodsuckers and start the ball rolling.

 

Don't speak to anyone on the telephone, no matter what they say or insist on, refuse to answer their security questions and insist that all communications are made in writing, keep proof of postings and copies of all correspondence

 

Hope this helps

 

WHICH IS THE PROVE IT LETTER???

is it the CCA request??

im almost sure i have had no contact for over 6 years but would rather make sure first.

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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Try This

I DO NOT ACKNOWLEDGE ANY DEBT TO YOURSELVES.

 

Dear XXXXX

 

Account no: XXXXXXX

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to (insert company name).

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I now require all further correspondence from your company to be made in writing only.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days of the initial request to stop processing my details or provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

 

 

DONT SIGN IT, send it recorded and sit and wait to see what they do.

 

Hope this helps

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Try This

 

 

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOURSELVES.

 

 

 

Dear XXXXX

 

Account no: XXXXXXX

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to (insert company name).

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I now require all further correspondence from your company to be made in writing only.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days of the initial request to stop processing my details or provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

 

 

DONT SIGN IT, send it recorded and sit and wait to see what they do.

 

Hope this helps

 

Thanks for that!!

Shall i send this to Wescot and Fredericksons too??

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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You can send this to anyone who attempts to enforce a debt against you that you have no knowledge of. (amend as necessary)

 

Sending a CCA request puts them on statute controlled deadlines to provide you with a copy of the agreement that you signed, if they cannot provide you with the CCA, regardless of whether the debt is statute barred or not, they cannot enforce the debt through the courts

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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It's a mobile debt, so not covered by CCA.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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