Statute Barred???

[jaglover]

Do you mean the agreement is over six years old or the debt is over six years old? If the latter then, if you haven't acknowledged the debt or made a repayment for six years, the debt is statute-barred.

 

If you're in Scotland that's only five years.

hi today we had a call from a company demanding £1500 a debt that is from 2001 i mentioned that we do not recall the debt and mentioned the section 5 limitation act they then said a payment was recieved in jan 2007 a payment of £10.00 so that 6 year rule does not count i then asked proof of who paid and they say they will find out the method of payment my question is if the person who supposedly has the debt never paid this £10.00 then would the 6 year rule still apply

Edited November 4, 2008 by jaglover

[ScabHunter]

jaglover,

 

Please start your own thread and then we can keep everything nicely together and help you better.

 

SH

[freakyleaky]

I have moved your post to it's own thread. Just let me know if you want the title changing.

[ScabHunter]

Whatever these clowns are up to, they are trying to pull a fast one.

 

Have they sent you any kind of written communication about this alleged debt?

 

Do you have any knowledge of any alleged debt from around 2001?

 

It is not unheard of for DCAs to create bogus payments to try and claim they are not statute barred.

 

SH

[jaglover]

no they say we have had letters going back to jan 2007 but cant recall any they was not sent recorded or anything they say £10.00 was paid in jan 2007 but cant say how they say by counter or paypall then they said 6 year rule does not apply they said they have left lots of messages on answerphone but i said we do not have an answerphone and then asked for telephone conversation proof of this and asked for copy of agreement they then said this might take some time i said fine they then wanted some sort of payment from us and i said put everything in writing and your getting nothing now i am bust goodbye i then hung up these people just phone up out of blue and demand money my advise is put phone down

[rory32]

my question is if the person who supposedly has the debt never paid this £10.00 then would the 6 year rule still apply

Yes it would still apply. The payment would have to be made by either the debtor or someone acting on their behalf for the debt to have been acknowledged. Money paid from the DCA tea and coffee fund doesn't count.

[rory32]

If they ever get around to putting any of this garbage into writing report them to the OFT.

[jaglover]

thanks so as long as they cant prove the debtor made the payment then they cant touch us as its been more than 6 years

[ScabHunter]

no they say we have had letters going back to jan 2007 but cant recall any they was not sent recorded or anything they say £10.00 was paid in jan 2007 but cant say how they say by counter or paypall then they said 6 year rule does not apply they said they have left lots of messages on answerphone but i said we do not have an answerphone and then asked for telephone conversation proof of this and asked for copy of agreement they then said this might take some time i said fine they then wanted some sort of payment from us and i said put everything in writing and your getting nothing now i am bust goodbye i then hung up these people just phone up out of blue and demand money my advise is put phone down

 

Whoever they are they are totally insane.

 

It would be interesting to know the name of this company so that it can be added to the list of suspects. Was a name given in any of those wonderfully enlightening conversations?

 

I have my own guess as to a name - it would be interesting to see if I was right.

 

They are just peeing in the wind chasing rainbows, and annoying people as they go. Why would they be trying to prove something was not statute barred when they haven't even written to you to tell you what that something is?

 

It is just possible that they have been sending out letters to the wrong address, and some poor bugger somewhere has a collection of letters about an alleged debt he has never heard of. Nothing would surprise me.

 

Do these nuisance calls come in with an identifying number on them?

 

SH

[jaglover]

hi the company is D.L.C. and their phone number is 01208 846666 i think all the number of 6s in phone number says it all EVIL

[MONX]

The question is jaglover, if you had not found CAG and didnt have the first clue about statute barred and took the call from them, would you have paid?

 

It makes me so angry that they try these things on and in probably 8 out of 10 cases they get away with it. Grrrrrrr!!!!!!

[rory32]

thanks so as long as they cant prove the debtor made the payment then they cant touch us as its been more than 6 years

Exactly.

[jaglover]

me personally would not pay i did phone them and a lady said to me most people panic and just pay something it is my partner who might have paid the £10.00 but cant think back to it or recall it so we are hoping when i spoke on the phone he was asking all kinds of questions how much i earn and are you on any benefits they are very persistant i have wrote a letter to them denying all and mentioned section 5 limitation act and also found one on harrasment under section 40 paragraph 1 of the administration act of justice 1970 dont know if that will help but who knows

[ScabHunter]

That telephone number brings up nothing in the search engines, and "DLC" is far too generic to produce anything either.

 

I must admit it is a new name to me. If anyone has got any information it would be worth sharing. The better we can get at predicting the behaviour of these sharks the better.

 

SH

[rory32]

DLC = Direct Legal & Collections. direct legal & collections | Expertly managing debt collection since 1992

[ScabHunter]

Ah! It is part of Hillesden. Still doesn't explain why that telephone number doesn't show up in the search engines, unless it is one they have just started using.

 

Another very dodgy operator, anyway.

 

SH

[jaglover]

the original number that was left when i did 1471 was 01280707291 then operator came on line and said 01280846666

[ScabHunter]

Ah! again.

 

That 01280707291 number shows up well enough in Google and everybody knows who and what it is.

 

If you click through to whocallsme it has quite a lot of entries.

 

Including one which advises people to "Go onto the consumer action group forums for help with dealing with this lot".

 

Couldn't have put it better myself.

 

SH

[jaglover]

well at least they are well known they are suppose to be sending out all the details but said the agreement copy might take some time to get i will wait and see what comes out in post and let everybody know what it says thanks to all

[Evader]

Just a quick question but cant seem to find the answer anywhere; does the six years run from the date of the Statutory Demand or the date of the breach?

 

If it is the former then is there any time limit to serve the statutory demand for an agreement taken out in 1996?

 

Thanks

[Allwood]

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt.

 

 

It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.;-)

[jaglover]

i have just recieved the letter from dlc part of hillesden securities ltd saying outstanding balance £1400 research shows you still live at this address contact us immediately on 08707454409 failure to respond may result in further action which could increase debt and if we dont hear from you in 7 days we may visit the address.when i spoke to them on phone i said send letter recorded delivery as then its proof of arrival also send proof of ammount paid in 2007 of £10.00 and they not sent that either my question is should i ignore this letter or write back stating section 5 limitation act thanks

[Evader]

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt.

 

 

It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.;-)

 

So you are saying the six years runs from the last contact/failure to pay/breach and has nothing to do when the Default Notice was entered?

[dpick]

So you are saying the six years runs from the last contact/failure to pay/breach and has nothing to do when the Default Notice was entered?

 

They can enter a default even if you have not made a payment or acknowledged the debt, this makes no difference to the debt becoming statute barred unless you acknowledge the debt or make a payment now if the debt is already statute barred then if you make a payment it does not stop the debt from being statute barred, once statute barred always statute barred and there is nothing legal they can do to you.

 

dpick

[jaglover]

i have asked about proof of an alledged payment from 2007 but they have not provided this is there a time limit regarding this or can they take as long as they wish also asked for copy of the contract signed