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Hi this is my first post here and would like some advice please.

About two years ago I received a letter from BCW threatening legal action if I did not pay and old Debenhams Card debt. My husband advised against paying them as it was statue barred and BCW couldn't collect. Well I started paying a certain amount per month as I was worried about the letters.

In January of this year my husband was made redundant and I had been managing to still pay until March of this year. We both visited the CAB Debtors unit in March to ask for some help with sorting out debts, etc. They have been very good, if a little slow but I'm sure that is down to the number of people out of work at the moment.

I have had numerous phone calls of BCW and each time I have given my CAB reference number and said they will be contacted in due course. CAB advised not to make any deals with them as they are looking into our incomings and outgoings and they have just sent a letter to creditors asking for our debts to be frozen.

I have recieved a letter from BCW today saying they will be sending a Debt Investigation Officer to my home. I really don't want a face to face with anyone, as I'm liable to say 'yes I can pay this much' when I really can't!! I have found a letter on this brilliant forum saying I do not want a visit and quoting English Common Law.

My question is should I send it and can I stop all phonecalls as they are getting rather annoying.

Thanks

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BCW are debt collectors that scrape the bottom of the barrell a statute barred debt means they have no enforcement powers whatsoever and I know it's going to be no comfort but they would have gone away.

 

I'm not 100% sure if something can be unstatute barred after the 6 years by making a payment on it after this time or whether after the 6 years it is deemed to be a 'gift' as such.

 

I'm sure someone with more knowlege in this area will come by soon and let you know about this.

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Thank you very much for your reply.

Regards

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My understanding is that once statute barred status is reached it cannot be overridden even if you do make a payment - in fact they ought to refund the money you paid them as they had no right to it.

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Hi Sals...a debt will be statute barred if you have not made a payment towards a debt in 6 years (or acknowledged it in writing) (5 years if you are in Scotland) it will also be barred if despite you having made a recent payment, there is a gap of 6 years anywhere in the life of the debt where you have not made a payment or acknowledged the debt....

 

Please have a read here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205057-ruthbridge-bcw-mackenzie-hall.html


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thank you very much for your replies they have been very useful. I will send the "don't visit me" letter today. I will ask them also to stop phoning and start writing instead.

Regards,

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Just send the stat barred letter.

 

Thats is, FULLSTOP!

 

JOgs

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In fact, pay me £50 a month.

 

You wouldn't would you?

 

So why are you paying these monkeys?

 

Have they proved you owe the money (CCA)

 

Have they added charges?

 

Are there charges to be reclaimed??

 

Don't panda to these people, stand your ground and fight back. They have NO MORE RIGHTS than me to demand money off you.

 

Jogs

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I would also send a statute barred letter. And if they continue to call writing after that report them to oft and trading standards I soon sent aktiva kapita back under there rock when I told them I was reporting them

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