need advice regarding letters

[warchild]

Hi i was wondering if i could bother you lot for a little advice i have had this debt from around the year 2000 give or take a year or 2 so may be 2002 at the latest now i ignored it and i have not heard from it since untill latly when i recieved a letter the first i ignored and i got the second today and i was wondering should i even bother with it if what should i do?

 

Letter 1

Letter 2

 

[maroondevo52]

Hello and Welcome,

 

When was the last payment made to the account ?

 

 

Regards.

 

Scott.

[warchild]

as i said it would have been b4 2002 also forgot to add i am from scotland

[silverfox1961]

Hi.

 

I think this may be statute barred.

 

If you haven't made a payment in 5 years or acknowledged the debt in that time then it's SB

[maroondevo52]

Then, without doubt, this debt will be Statute Barred, hence the offer to settle

 

Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

Send letter 'M' from the library...........

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it recorded and don't sign it.

 

Regards.

 

Scott.

[warchild]

i got the item in around 2000 paid it for a year maby a year and a half became unemplyed so was unable to pay it so then just ignored it mail went to my dads for it so was not bothered he just binned it.

so i should just ignore them then?

ah thx for the info

so should i send it to j&p

[maroondevo52]

Send it to the last lot that wrote to you, once you tell them you won't be paying it, that should be the end of the matter.

 

Deffo worth sending the letter, if you don't they will continue to bug you

 

Regards.

 

Scott.

[warchild]

ok thx for the info why should i not sign it? as my name will be on the letter anyway?

so they would only try to settle if it was barred then?

[silverfox1961]

ok thx for the info why should i not sign it? as my name will be on the letter anyway?

so they would only try to settle if it was barred then?

 

 

You would be surprised what can be achieved with a signature from you.

 

I'm not saying these people would do this but imagine, a DCA has your signature, you say the debt is SB, they send a letter with your signature on saying you acknowledge the debt from a couple of years ago. Are you getting the idea now?

[maroondevo52]

I'm not saying they would only try to settle if it was Statue Barred, they know they'll get nothing if it is, but if they present you with a 'good offer' you might accept

 

Regards.

 

Scott.

[warchild]

As i am lazy and getting a few letters is not much of a bother i will just ignore them for the time being plus i will prolly move house again at some point only renting just now if they get to be very annoying i will send the letter.

thanks for all the info much apreciated

i will post again lol if any of my other debt finds me

[warchild]

on giving this some thought i may have had contact with the ones that where wanting this debt off me back in early 2004 around jan or feb maby to change address with them to my old flat b4 i gave it up.

not 100% sure tho but there is a slight chance