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Hi Everybody

 

I have read a lot of info on these forums regarding the above. i received the standard Red Collections letter yesterday stating that I owe nearly £1000 for an old debt with a bank that I had dealings with last about 14 years ago. i have checked all 3 of my credit files and there is nothing on there to suggest i owe this particular institution on DCA anything at all, and all of my debts which I am paying regularly are in order.

 

How would Red get my new address?

 

I am sending the SB letter to them today recorded delivery. The only thing I could think it might be would be an unauthorised overdraft, but I really don't think so, I closed the account and I remember my grandparents paid any outstanding funds off.

 

Would I be right in thinking if it is the case that's its an unauthorised overdraft, there would definitely be no credit agreement and therefore no chance of them ever sending me one? i don't want to get lumbered with this debt and I know it's quite unlikely i will, but its stills make one a bit anxious to receive letters like this. It makes me mad that some people who don't know how to sue the internet or just dont know anything about debt might just pay these jokers the money.

 

Has anyone on here been successful in sending the SB letter and hearing back from them that the case is closed.

 

Also, what is the next step after I send the SB letter and they reply saying i still have to pay it?

 

Thanks again.

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Statute barred if they do not back down report them to oft trading standards and ico

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If it is an overdraft, then there won't be any agreement...however the debt is statute barred and yes DO send recorded, they are allowed to pursue a statute barred debt bowever if you tell them you have no intention of paying towards a debt that is barred by statute then they HAVE to stop attempting to collect....The OFT have suggested in their guidelines on debt collection that it could be harrassment to continue...one DCA has recently had restrictions placed on it - have a read - The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts


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If they continue to press please let us know.....


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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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It doesn't matter what they provide as long as a clear period of six years have passed where no payment or acknowledgement of the debt has been made. Once a debt becomes Statute Barred it remains so for eternity.

 

Having said that, if they have managed to acquire a CCJ during this period it would never become Statute Barred, however they would have to apply to the court to take any enforcement action & show very good reason.

 

You can check whether there is a CCJ registered against you at CCJs, court orders & fines - Search yourself and others - Trust Online which costs £8.


Anthrax alert at debt collectors caused by box of doughnuts

 

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It makes me mad that some people who don't know how to sue the internet or just dont know anything about debt might just pay these jokers the money.
Red specialise in buying SB debts and rely on people not knowing their rights. They're not doing anything actually unlawful. Although SB debts are unenforceable, if someone makes a payment voluntarily, the debt is acknowledged and becomes enforceable

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Although SB debts are unenforceable, if someone makes a payment voluntarily, the debt is acknowledged and becomes enforceable

 

Once a debt becomes Statute Barred be could bare his derierre in Harrod's window with an admission of the debt tatooed on it & it would still be Statute Barred.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Once a debt becomes Statute Barred be could bare his derierre in Harrod's window with an admission of the debt tatooed on it & it would still be Statute Barred.
Yes, sorry, my mistake:

 

If a payment is made after a 6-year gap, the Limitations Act 1980 is still enforceable and the debt remains Statute Barred. However, in this instance, it is unlikely that you will be able to claim back any payments made after the 6 years from the creditor because you still owe them the money.

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Agreed one statute barred in can not be un barred despite what they try and tell you. They also may try appeal to your morals by saying you have had credit it is ony fair you pay it back ask yourself this if a bank of creditor could use the law to get out of a debt do you think they would pay it?.

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Thanks everybody for your replies. I will continue with the recommended course of action and be sure to you let you know what happens.

 

Thanks again everyone.

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Sorry

 

One other question I forgot to mention is this. If it is SB which is definitely is. Is there any point in even responding to them?

Cheers

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Yes, because once you've sent the SB letter they must cease collection activities or be in breach of OFT guidelines. ;)http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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They will probably try to fob you of if they do send them this and report them to oft trading standard and the ico

 

 

(Address)

 

(Date)

 

Dear Sir / Madam

 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 5years ago and falls within the remit of s.5of the Limitation Act 1973(which, in case you need reminding, states that an action founded on simple contract shall not be brought after 5years from the date on which the cause of action occurred).

 

4. I wrote to your company on (XXXXX) explaining that I had no wish to pay towards a debt that was barred by the Statute Of Limitations Act 1973 was signed for by your company on (XXXXX)

 

5. I am now of the view that your actions are of pure harassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again,that even if the debt were mine, I would not pay it.

 

7. I am sure you are also aware of the provisions of the Protection from Harassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

 

 

I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days. Failure to do so will result in me filing complaints with the Office Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and Gareth Thomas - Under-secretary Of State For Trade And Consumer Affairs.

 

I hope this letter makes my position COMPLETELY clear

 

Yours faithfully

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