Debt Managers/Equidebt chasing old Nationwide Loan

[jacko428]

Hi all,

 

My wife and I are being hounded by the above once again.

 

We received the latest letter from them this morning.

 

NOTICE OF LEGAL ACTION

 

Account due to : Equidebt Ltd - Nationwide

 

Client Referencexxxxxxxxx

Our Referencexxxxxxxxxx

Amount to be Suedxxxxxxxxx

 

Your failure to respond to previous letters has resulted in your account being passed to this department for Court Action and our Solicitors may prepare Court Papers within seven days. If you wish to avoid legal action you must pay now in full today using the attached giro or phone and pay by Debit or Credit card or alternatively you must immediately telephone our legal manager on xxxxxxxxxx

 

Thats the contents of the letter.

 

We have this morning checked on our credit file and found the following.

 

Equidebt Ltd

Account type Loan

Started 20/01/2000

Defaulted on 01/06/2004

 

We do not know what to do next,we have not made any payments on this loan for years,certainly no money has ever been paid to Equidebt.

Are we to assume that Equidebt bought this debt?

 

Any help or advice would be much appreciated.

[clemma]

When you say "years" - exactly how many years since you last made a payment or acknowledged this account?

[jacko428]

We have not made a payment or acknowledged this debt for 7 or 8 years.

[underdog13]

The debt is staute barred after 6 years:D

[clemma]

Definitely statute barred. Have you sent a letter to them stating this? Once you do, they are not allowed to pursue you any further for this alleged debt. Send them the following:

 

Dear Sir/Madam

 

Acc/Ref No xxxxxxxx

 

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

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “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”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

Post up here what they send back to you. They have to prove it is NOT statute barred.......

[jacko428]

Thanks for that we will send the suggested letter and see what happens.

 

Definitely statute barred. Have you sent a letter to them stating this? Once you do, they are not allowed to pursue you any further for this alleged debt. Send them the following:

 

Post up here what they send back to you. They have to prove it is NOT statute barred.......

 

Ok,thanks for that we will do a letter over the week-end

[jacko428]

:sad:Hi all,

 

Help or advice required regarding CAS (Credit Ancillary Services),never heard of this lot.

 

I am in receipt of a letter threatening DOORSTEP COLLECTION ha! ha!

 

It refers to a debt that I do not even remember having. I have checked my credit file and it does not even show on there. So my question is what do I do about it? send a statute barred letter or just ignore. This seems to have been passed on from Equidebt.

[Revenant]

Hi Jacko

 

I found thid link to another thread, hope it throughs some light on things for you ..

 

Credit Ancillary Services/Equidebt Ltd‎ - 2 Feb 2009

 

It seems others have dealt with them before

Good luck

[jacko428]

Hi Jacko

 

I found thid link to another thread, hope it throughs some light on things for you ..

 

Credit Ancillary Services/Equidebt Ltd‎ - 2 Feb 2009

 

It seems others have dealt with them before

 

Good luck

 

Thanks for the info Revenant, I have read all the threads and I think in my case I will send them in the first instant a statue barred letter and see what happens from that.