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10 year old debt


fatso
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Hello to everyone

 

It took me ages to work out how to work the threads. I'd be grateful for some advice. I've received a letter from a DCA. It didn't demand money. It just told me to direct any further contact about the account to 1st Credit ( Finance ) Limited. I cannot remember having a credit card with Abbey, now part of Santander. I called them ( I know, I know) to find out about it and I got so stressed I ended up saying that I would pay the apparent outstanding amount, £698.88 in two lots. The alledged account was opened in 1996 and the last alledged minimum payment was in August 2000. I've been reading the threads on the forum and I've put a letter together using some of the advice that I've picked up from the forum. I do believe that the alledged debt is statute barred and that's why the DCA did not ask for any money. I'm happy to send the letter to the DCA but I'm concerned that with me making a stumbling agreement to pay over the phone, that I may have to pay. Can anyone advise me? I'd be so grateful. fatso

Edited by fatso
I didn't sign my nick name
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Hi, and welcome to the forums...

 

 

For the purpose of the Limitation Act 1980 a debt is Statute barred if no payment or acknowledgement has been made for a period of 6 years.

Assuming of course that there isn't an outstanding CCJ.

 

An acknowledgement of the debt must be in writing and signed by the debtor.

 

Once Statute barred it cannot become unbarred, acknowledged, payments made, promises stumbled after threats..... Nothing it's barred.

 

The OFT Debt Collection Guidelines also make it crystal clear that chasing a Statute barred debt once the debtor has informed the creditor that payment will not be made due to Statute barred it becomes unfair to continue to attempt to collect the debt.

 

Hope that clears a few things up! ;)

 

Good luck & best wishes, Dave.

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Hello SH

I'm saying thanks again because I'm not sure if my first one was done properly. The letter will go out tomorrow and if I hear no more from them, you will be a great big hero!

fatso

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Hi, fatso.

 

Your first thank you to SH is tagged on to the bottom of another thread ;)

 

I've pm'd you a 'link' to help you a bit.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hello Dave

Thanks for your reply. I'm a bit overwhelmed with the support I've received. I hope this reply reaches you. I'm going to play with the dummie thing to help one with threads later in the week. One of the other heros on the forum sent it to me. Welcome to the 21st century, fatso! The letter is sent, so, I'll be very happy to report back with the result. No news will be good news.

fatso

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