So very unhappy and stressed and embrasssed now at work from BCW :(

[Shawn0109]

I have been told by people far more knowledgeable that me that once a debt is statute barred (no payment or acknowledgement in 6 years) it remains statute barred - regardless of whether any payments or acknowledgements are made after this period.

 

On this basis I suppose the question really should have been this:

"Had the OP made any payment or written acknowledgement of the debt in the 6 years prior to these recent Direct Debits?"

 

Cheers.

UF

 

I'm just saying from what experience I've had with firms like this, BCW, Lowell, Capquest and others thats all and thats what we are here to do help people the best way we can not argue about certain things, if you aknowledge the debt while it was in the 6 years then the 6 years starts again what you need to figure out is when was the last time that both the debts were aknowledged or when the last time that payments were made to them.

 

And I was also comming on to that topic if the second debt has only just reappeared out of thin air and no payments and no aknowledgement has been made then yes it is stat barred but I'm not too sure about the first one as it has been getting payments on it, which again is why I suggested the CCA Request, lets see if they come up with anything as old as these debts.

[Shawn0109]

But like I say Puresweet dont stress yourself about this it wont help just get the letters off to them.

[UnitedFront]

I totally agree with you shawn, I was just thinking that it may well be another stick with which to beat these people!!

Sometimes maybe it's better to have a full arsenal of actions available, that way we have more chance of success.

 

Cheers.

UF

[Shawn0109]

I totally agree with you shawn, I was just thinking that it may well be another stick with which to beat these people!!

Sometimes maybe it's better to have a full arsenal of actions available, that way we have more chance of success.

 

Cheers.

UF

 

I agree with you mate, it's the way the DCA's work I suppose putting people through all the stress and everything else that comes with it, but in the end thank god for CAG. Puresweet like we have all said on here to you, you will be fine get the letters off tomorrow sit back relax and see if they respond to your requests.

[lickthewallfatboy]

once a debt is statute barred,that is it.....it can never become un-barred

 

so if you've crossed the 6 year line,or 5 in Scotland,you can sit back and relax to the max

[mr.ton]

They are not entitled to a penny off you without going through the county court 1st.

So do not pay any monies whatsoever until this ever happens...which wont as it will cost them money to take you there.

Once you start telling them to f off a few times on the phone, they'll soon leave you alone

[Shawn0109]

Oh god ok dont send the CCA then and see what happens, where as I would send the CCA, and also depending on which debt is stat barred also, remeber there are 2 of them one that hes been getting paid off and a 2nd one that has only dropped out of thin air, so remeber that guys, like I say I would send the CCA request off and the telephone harassment letter off and see what happens then, I dont think dragging this thing all the way to the county court is the way to go, but I'm gonna stop on this thread now since me and a few other people have been helping on this one since early this afternoon and let some of you late night guys talk it over. I just give advice like all of you guys from what I learn, and a CCA Request goes a long way. It helped me when I went to court to get my Stat Demand Set Aside and Lowell's didnt turn up did it not? And that to was a Stat Barred Debt. Anyways Puresweet relax and dont stress.

Edited February 10, 2009 by Shawn0109

[mr.ton]

Requesting CCA's & whatever else is fine enough in itself...but it still wont change the simple fact that they are not legally entitled to a penny without a county courts say so 1st & once all the OP's essential outgoings are taken into account.

Harrassment letters do not normally work from my experience - you have to fight fire with fire with DCA's.

Once you start preaching the law/your rights to them on the phone - they soon go away

[Shawn0109]

Requesting CCA's & whatever else is fine enough in itself...but it still wont change the simple fact that they are not legally entitled to a penny without a county courts say so 1st & once all the OP's essential outgoings are taken into account.

Harrassment letters do not normally work from my experience - you have to fight fire with fire with DCA's.

Once you start preaching the law/your rights to them on the phone - they soon go away

 

I know they do and thats what I've been trying to say just not in a very good way because I'm tired still after teaching today and trying to mark homework assignments and help on here at the same time, it's fun I'm learning now how to multitask.

Anyways I doubt it very much that this will even get to a county court.

[mr.ton]

Anyways I doubt it very much that this will even get to a county court.

 

Exactly...very few of them do go there coz it costs them money & its not worth their while just to get back a £1 per month or something.

Thats why they threaten the way they do, in the hope that you just buckle & pay up

[Shawn0109]

Exactly...very few of them do go there coz it costs them money & its not worth their while just to get back a £1 per month or something.

Thats why they threaten the way they do, in the hope that you just buckle & pay up

 

Thats the way of it bully tactics, I used to be afraid of them but now I'm a little older a little wiser I know my rights and anything DCA's throw at you, you just throw it back in their face and then they back off.

[mr.ton]

Thats the way of it bully tactics, I used to be afraid of them but now I'm a little older a little wiser I know my rights and anything DCA's throw at you, you just throw it back in their face and then they back off.

 

Yep...Fredricksons tried it on with me a few weeks ago...lets just say that they havent contacted me since

[Desperate Daniella]

Boys, boys, boys, don't squabble!! Puresweet is new on this site, and was thinking we were all great.:)

 

Puresweet, I really think you should send the letter asking for the original agreements because if they are not enforceable the sooner you know that the better.

 

You do need to be strong with the DCAs, but you'll feel much more confident about standing up to them after you have been on the site a few weeks and can see how other people talk to them. There is a thread 'Cheekiness towards a DCA' or something almost like that. Have a read, and you'll be laughing, and realizing they are not so scary after all, and don't have anything like as much power as they would like to kid you they do. Do send the harassment letter too, because you can quote that to then if they do continue to phone you at work.

 

DD

[Shawn0109]

I dont squabble, I'm a good boy, I have advised Puresweet to send the letters off to them today by recorded delivery, they have worked for me countless times no matter what the age of the debt in question. Like I say send them off relax and see what comes of it, I doubt they will have anything to back up their claims, I got another letter from Lowell the other week for another debt again that has gone past the 6 year rule asking me to pay £130 per month so I sent them the CCA request got a letter back the standard one saying they are going to request it from the Oriinal Creditor I know what is going to follow "We dont have the agreement and neither does the OC" letter, so relax puresweet like I say dont stress about it cos it doesnt help and you'll be fine, trust me on that.

[lickthewallfatboy]

I got another letter from Lowell the other week for another debt again that has gone past the 6 year rule asking me to pay £130 per month so I sent them the CCA request

 

you needn't have bothered

 

you should have sent the statute barred letter

[Desperate Daniella]

When I saw the Panorama programme which told us that so many companies have no copies of the agreement, or if they do they are often not enforceable, I just couldn't believe it, but clearly it is true in so many cases.

 

DD

[puresweet]

hello Guys

 

i have been reading this thread and im going to send the harassment letter first then day after the other...

 

i only started to pay the bill for 250... 2 months ago the other i tried to sort out and not made a payment yet ...thats why they rang my works both these debits are well over 6 years im thinking about 8 at least ...i only tried sorting this out 2 months ago ...i have payed 60 pounds on that 250 bill ... and nothing on the other and i have decided im not phoneing them to make a payment these letters are going today or latest tomorrow ...i have a printer but its not working is it ok to write the letters and send them ... i know not to sign just to print

[lickthewallfatboy]

yes-as long as your handwriting is readable

 

LOL

[puresweet]

pmsl well thats ok then....

[Pinky69]

I think you are absolutely right to keep everything in writing and it means you have a copy of all correspondence. It's alright for some who give as good as they get on the phone but the majority of people find the experience stressful and upsetting and it is to be avoided for those who do.

[puresweet]

I think you are absolutely right to keep everything in writing and it means you have a copy of all correspondence. It's alright for some who give as good as they get on the phone but the majority of people find the experience stressful and upsetting and it is to be avoided for those who do.

 

 

i will tell them on the phone please dont ring me if u have anything to say please write a letter to me

 

like i say the only thing thats bothering me is them contacting my work and me getting took to the mangers office because of it .. thats what is upsetting me the most at the moment .. as my boss thinks im a good worker and really good at my job ... and i dont want to have to tell them who these people are and why they have rang me at my works ...

[Enron]

Interesting read.....

 

If you receive any further calls flat out refuse to speak to them on the phone, which would include not confirming your details - but say that you are more than willing to deal with this matter in writing.

 

Having dealt with a call centre charlie on behalf of Citi it is not beyond them to lie in the hope of demoralising you into making a payment, in the instance of Citi it not being legally due - but they dont care as their only reason for calling is to extract money out of the person on the other end of the line.

 

Follow the advice here, if its statute barred they will be unable to take any court action as you could state it is statute barred in front of a judge and request costs from them.

[reorete]

i am also in a bad position.about ten years ago i owed barclays bank some money.over 700 pounds.aparantly a firm called capquest has bought the debt now.to be honest id forgoton all about a ten year old debt.this firm has even phoned my elderly mother asking for information about me.how embarassing and i couldnt tell her what for as shes old and i didnt want to worry her.my god they have even phoned 3 of my neighbours who have come and knocked on my dooraskin me to phone capquest.i havnt got the money as that several hundred has turned into 1600 according to capquest as interest for ten years is added.debt is making me ill

[puresweet]

Interesting read.....

 

If you receive any further calls flat out refuse to speak to them on the phone, which would include not confirming your details - but say that you are more than willing to deal with this matter in writing.

 

Having dealt with a call centre charlie on behalf of Citi it is not beyond them to lie in the hope of demoralising you into making a payment, in the instance of Citi it not being legally due - but they dont care as their only reason for calling is to extract money out of the person on the other end of the line.

 

Follow the advice here, if its statute barred they will be unable to take any court action as you could state it is statute barred in front of a judge and request costs from them.

 

how do i find out whether its statute barred please

[puresweet]

i am also in a bad position.about ten years ago i owed barclays bank some money.over 700 pounds.aparantly a firm called capquest has bought the debt now.to be honest id forgoton all about a ten year old debt.this firm has even phoned my elderly mother asking for information about me.how embarassing and i couldnt tell her what for as shes old and i didnt want to worry her.my god they have even phoned 3 of my neighbours who have come and knocked on my dooraskin me to phone capquest.i havnt got the money as that several hundred has turned into 1600 according to capquest as interest for ten years is added.debt is making me ill

 

 

oh dear reorete please listen to these guys they know there stuff ...i only joined yesterday and im feeling a little better since i talked about this ... i know how u feel but stay strong listen to these guys and they can help u ...they have been though this like we are now