Does 6 yr letter work

[Jaleruke]

Hello

 

I have been advised to send out the 6 year statute barred letter for a debt I know is well over 6 years old. However, it would really reassure me if anyone has used this and found it works. I cannot believe companies as threatening as the people I have been harrassed by would just accept this.

If it hasn't, what would you do then? I am so worried, I can't sleep.

[PGH7447]

when was the last time you either paid or made a written acknowledgement of this debt?

[Jaleruke]

Hi thanks for replying.

 

It can't have been any more recent than 2002, and early 2002 I think. I do have the 6 yr letter, but I just can't believe that these sort of companies would just say 'ok' and accept the letter. I have read posts saying just ignore them if they don't accept the letter, but am worried that the company which bought the debt could put a default on a new address. I have had to go back to living with elderly parents and don't want that- or to be harrassed at this address.

[Jaleruke]

Forgot to ask in my last post, can a debt collection company actually put a default on a current address- not where the debt was- years later? It is my parents' address and I am worried.

 

If for any reason the debt is just within the 6 yr period, does my letter mean the 6 yrs start again (I am sure it's over 6 yrs and am just being paranoid as I am so worried).

[skudbuket]

I had a run in with Activ Kapital about 6 months ago, they wrote to me out of the blue saying that a debt going back to 1998 had been passed to them and they required instant payment. To this day I cannot remember this debt at all, as I had had no previous correspondence about it I sent the template letter to them, at that time they were on the phone hassling me about 5 times a day, and lo and behold about a week later they replied stating that their file was now closed.

I still think to this day that they were trying it on, so the template certainly worked for me.

Good luck

[cerberusalert]

If a debt is older than six years and no wriiten acknowledgement or payment has been made, once you claim it as statute barred a creditor cannot take any legal enforcement. If they tried they themselves would be in trouble.

 

I myself have used the six year rule, so know from first hand experience that it works, and this was against a particularly aggressive CCA.

 

Forgot to ask in my last post, can a debt collection company actually put a default on a current address- not where the debt was- years later? It is my parents' address and I am worried.

 

A default cannot be put against an address, it has to be against a particular person although that person can be linked to numerous addresses.

[mustang67]

The letter worked for me. A lot of these companys seem to buy old debts by the sackload and I mean old, mine dated back to 1988. If it were not for this site telling me about the 6 year rule I would not have had a clue and would probably be paying them a few quid a month by now.That is how they make their money just a numbers game to them hoping that people do not know their rights and they just try it on, so send the letter:)

[atwozee]

You might want to remind them of this statement made by the OFT regarding unfair debt collection practices –

 

‘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’

 

Full guidelines here –

 

OFT Debt Collection Guidance

[Jaleruke]

Thank you for taking the time to post and to reassure me. Have had a sleepless night, but I feel better now. Like you, I can't remember the debt either, but I know it's been 6 years or more

[mustang67]

Cheers, dont let them get to you I used have sleepless nights but now that I have taken the fight to them am far more relaxed,bit of a way to go but can see some light at end of tunnel

[Wilma Shoozfit]

Hi JL

 

Capquest set their legal puppets Howard Cohen onto me - back in October last year for a 2001/2 debt. Seems at the time they had bought a lot of old debts in the hope of making a fast buck. That's when I found CAG and thanks to the good advice from Tawnyowl they were quickly sent packing with the six year/statuted barred letter. Not heard a thing from them since.

(Never one to tempt fate - so touching wood here:))

 

Send the letter and stop worrying - The letter in itself will let them know you know your rights so they'll back off.

 

cheers

Wils

[esmerobbo]

Hi.

What is the debt if it is a mortgage then the six year rule doesn't come in a mortgage in theory is 12 years.

After six years the debt is statued barred from being enforced and any defaults should have dropped off 6 years from the date they where listed.

However the six year limit for enforcement does not stop DCAs asking for the debt to be paid they just know they cannot enforce it!

I would endeavour to find out the last time you paid or acknowledged the debt. If you do write to them make sure you state at the head of any letter that you do not acknowledge this debt and of course dont sign it.

 

Any information the CRFs have about you follows you not the address. Everything is under your name and moves with you.

[Jaleruke]

Thanks again

 

I am assuming when you say that they 'cannot enforce' the debt, it means they can't put a default on you or take you to court? Not sure what the distinction is on this?

[WOOD73]

I recently was contacted by mortimer clarke/marlin about a debt which was over 6 years, originally they said they would look into it, but even if it turned out to be statute barred didnt mean they couldnt try to collect, they just couldnt take you to court!

 

anyway received a letter off them saying debt was statute barred and the account has been closed!

 

So yes it does work

chances are if the debt is that old, a default would have been issued years ago, and they cant default twice on the same debt.

[cerberusalert]

Thanks again

 

I am assuming when you say that they 'cannot enforce' the debt, it means they can't put a default on you or take you to court? Not sure what the distinction is on this?

 

You are right.

 

Just send the 'statute barred' letter, the onus of proof is on them to show that they have an enforceable agreement, not you to prove otherwise.

[Werner M]

Sorry,....just a quick Question, if you have problems paying back on the payment arrangement you made with a DCA can they default you again with CRA ?? Thanks !!

[Jaleruke]

Thanks

 

Will send the letter Monday. Fingers crossed.

[cerberusalert]

Sorry,....just a quick Question, if you have problems paying back on the payment arrangement you made with a DCA can they default you again with CRA ?? Thanks !!

 

No they are only permitted to register one default on a debt.