almost statute barred

[sam614]

sister had old debt sold to westcot last december.

oc was natwest.as it was a overdraft she didnot cca .

the amount claimed is correct(just under 1200)

SAR from natwest.no charges were added after last payment.

credit file states default date 5 july 2003

last payment date xxxxxxxx

 

have told her it will be statute barred in 13 wks.?

they dont have her number so have to keep sending threatograms.

yesterday they stated that she must contact them/pay them in 7 days or they will "look to bankrupcy as it is over £750"

 

will they? can they?

I thought it would cost them around £500 to do this.and payed peanuts for this debt would they try it,could they get this to court before june.

 

the last 2 months I have told her to ignore and claim statute after june,but not sure about this.help needed from more experiance cagger plz.

Edited May 12, 2009 by sam614
removed date

[Pinky69]

You need to play them for time. Write and tell them you did not receive a Notice of Assignment from Natwest to say the alleged debt had been sold to Wescot so you have no proof they have any legal right to pursue this alleged debt. Incorporate that into this letter:

 

Dear Sir/Madam

 

Account no:

 

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

 

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

 

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

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Once they have replied to that, ask them for a copy of the letter that authorised the overdraft. As there won't be one, the bank will have to provide them with the details on an overdraft letterhead and that will take time.

Once you have done that, come back an we will think of something else - lol!

[sam614]

she has not replied to westcot at all.so for all they know it could be a empty house

they introduced themselfs as the new owners.

nothing from natwest since 2003.

she was not sure if statute barred .got credit file and sar from natwest.

that give us last payment and default date.but nothing at all about noa/westcot.

so i told her to ignore till june and if they had not given up write saying statute barred.

shes bricking now has she thinks they can make her bankrupt.

if she contacts them /trys to play for time will they put the pressure on.

just had her in tears on the phone she says she is going to get a loan and pay them off:mad:

[Pinky69]

If it states on the SAR that the last payment was 4 June 2003, it is Statute Barred on 4 June 2009 (4 June 2008 in Scotland). Sending the Prove It letter does not acknowledge the debt - it merely asks them to prove it exists. In any case it would take time to get to court if they did raise proceedings - 6-8 weeks. By ignoring them they may just go ahead and take action.

[flyingdoc]

they will not apply for bankruptcy but they might issue court proceedings.

 

I would ignore anthing OTHER than court documents, and wait to see if they issue.

 

If they issue - then I would deal with it. if not then wait them out.

[fuzzybobble]

It's not hard to delay a DCA for 3 months. Just don't tell them it's close to being statute barred though.

 

Make them find the info to prove the debt.

 

Insist that all correspondance is in writing only.

 

Post everything second class recorded delivery.

 

Post letters on a wednesday, so they are timed to arrive on a friday, so they have to wait over the weekend to process them.

 

Then CCA request anyway. Even with a overdraft they have to provide some kind of agreement/contract for it.

With a debt that has been floating around for 6 years the DCA won't know it's for an overdraft until the bank tell them, and that takes time.

 

Then ask for the Default Notice

 

Then the Terms and Conditions for the account.

 

Poke holes/fault with as many of the documents as you can.

 

Raise a formal complaint about whatever you can.

 

They cannot take court action if the account is in dispute in some way.

 

Hopefully they won't be able to provide any documents anyway.

But all the above should ensure that that by the time they can get you into a court, your defence will be, "Statute Barred" and they're stuffed.

[sam614]

thanks all:)

shown her responces.

going to try all to delay.starting with do not acknowledge.....through to ....statute barred do one cretins.

 

SAM:pLOWELL DETESTER

[sam614]

FUZZY,

wont let me click your scales again!

will as soon as I can...you are a star;)

[sam614]

prove it letter send 2nd class today

12 weeks and counting:D

lets see what they come back with.

[lickthewallfatboy]

delay,obfuscate and harass

 

then as the clock clicks past the deadline.....smile broadly till people think you're a nutter

[sam614]

IF I can get her through this I swear to god that I will send statute barred letter and add

soz guys times up.suggest you move quicker next time you buy a debt almost 6 years old:D

[vjohn82]

It's all about cajones right now...

 

...just got to sit tight and send letters left, right and centre requesting credit agreements/statements/NoAs etc etc.

 

If you ignore it they could just take action anyway... if you send letters they might believe you are stalling for time and take action anyway... either way it could end up bad so just do what you can to delay them and keep them guessing!

 

Good luck!

[Seriously Annoyed]

slightly confused! Is a debt statue barred from the default/ settled date or from the date of the last payment, and is that the last payment to the OC or the new DCA? I have a debt for each so knowing would help loads.

 

many thanks

[vjohn82]

"slightly confused!"

 

We all were once!

 

"Is a debt statue barred from the default/ settled date or from the date of the last payment"

 

...from the date of last payment/acknowledgement on the account i.e. written letter/recorded phone call

 

"and is that the last payment to the OC or the new DCA?"

 

More than likely to the DCA... however... say for instance your debt with the OC is 6 years old + 1 day - this is statute barred. If you paid a DCA anyday after this you would be able to claim your money back from them and claim the debt as statute barred.

 

UNLESS...

 

It is a CCJ... in this case the petitioner (the DCA/OC) would need special permission from the court to enforce the CCJ.

 

Hope this clarifies it for you.

 

[havinastella]

The debt is NOT Stat barred from the last date paid.

 

It is stat barred from the date the first missed payment becomes apparent.

 

This will sometimes be the same day as last payment, but it would normally be a month on.

 

 

JOgs

[clemma]

It is a CCJ... in this case the petitioner (the DCA/OC) would need special permission from the court to enforce the CCJ.

 

 

To be honest, if the CCJ had not been enforced in 6 years, the OC/DCA would need one hell of an explanation for the Judge to allow them to reinforce it......

 

I had Aktiv Krapital chasing an 11 year old debt, for which I received a CCJ about 8 years ago. Sent an SB letter to AK, to which they replied (with utter rollocks), sent another letter and they have gone away (been 9/10 weeks now).

[sam614]

To be honest, if the CCJ had not been enforced in 6 years, the OC/DCA would need one hell of an explanation for the Judge to allow them to reinforce it....

 

 

and judge will only give permission to dca with original court details and claim number.as they are removed from central court file after 6 years.they also need doa.

and has to be within 6 calendar months of purchased date:sad:

 

this is how i got rid of leeds losers:D

[vjohn82]

The debt is NOT Stat barred from the last date paid.

 

It is stat barred from the date the first missed payment becomes apparent.

 

This will sometimes be the same day as last payment, but it would normally be a month on.

 

 

JOgs

 

Under the Limitations Act 1980 the time limits are

• in simple contracts, 6 years
  
• 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."

 

Sorry but not sure where your information is from...

 

...if you didn't acknowledge/pay a debt for 6 years... then made a payment a day after and therafter the debt is still statute barred. But if acknowleged/paid within the limitation period then it starts from the date of last payment.

[Seriously Annoyed]

Thanks everyone, this has helped loads. The one debt in particular is nearly 9 years old and only started paying 18 months ago because it turned up after I requested my free CR from Equifax. (won't do that again). I CCA'd this company last month and SAR'd them. No CCA and deadline has passed so i have sent SB letter and told them to get lost.

[sam614]

yes very strange that.people check their credit file and low and behold a dca crawls out from under his stone:rolleyes:

naughty cra alerting the enemy

[fuzzybobble]

When I got my credit file, I was suddenly bombarded with adverts for debt management companies, and a I get hassled for a HFC loan that I know nothing about.

 

Lots of people on CAG have been finding this out. So, it's not a coincidence. Experian, etc are selling your information. Now where did we sign anything to say they can sell your information to third parties?

 

All I see on contracts is where the creditor can pass info to the CRA to give other creditors an idea of your credit rating and ability to pay. Nowhere does it say they can sell the info to DCA's,Debt Management Companies, etc.

[sam614]

backhanders me thinks:D

[vjohn82]

I've noticed this... since I started sending off CCA requests I have had 3 mysterious debts turn up from DCA's

[sam614]

prove it letter signed for last friday.nothing back as yet:D

11 wks to go fingers crossed:)

SAM:pLOWELL DETESTER

[clemma]

prove it letter signed for last friday.nothing back as yet:D

11 wks to go fingers crossed:)

SAM:pLOWELL DETESTER

 

Keeping 'em crossed for ya! I'm sure you can delay them further if needs be