dca trouble help please. ***Won***

[psychosurfer]

We have been contacted by global debt collections and have been told we have an outstanding debt of £13000 from 7 yrs ago. We panicked at being threatened with legal proceedings and set up a payment plan of £5 a month as we are not working at the moment. I have since seen details of statute barred debts etc and was wondering if there was anything we can do now as we have started payments. Thanks

[maroondevo52]

Hello and Welcome, phycosurfer.

 

Once a debt becomes Statute Barred, It stays Statute Barred.

 

Regards.

 

Scott.

[psychosurfer]

Does this mean even if we have started making payments on the debt we can fight this? It is very worrying as we are both ill at the moment and struggling. Thank you for the quick reply.

[maroondevo52]

Hi,

 

What was the debt ?

 

The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

The Limitations Act 1980 also has additional effects, depending on the type of debt in question:

Unsecured debt

 

You may have assumed that your creditor has "written-off" a debt if you have not heard from them for a long period. In many cases, it could be down to your failure to inform them of a change of address, but the debt will still exist and creditors are entitled to chase the debt indefinitely (even after the debt has become Statute Barred), however they can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account.

Remember, creditors are still able to pursue an unsecured debt if:

 

* They have previously obtained a judgement against you (a CCJ);

* You have made a payment to the account within the last 6 years (this includes anyone else named on the credit agreement)

* You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.

 

If a creditor continues to contact you after accepting that a debt is Statute Barred and you have stated that you no longer intend to pay the debt, you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

 

 

Statute barred

In principle, a debt cannot be enforced after 6 years from the date upon which it became due.

The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt.

Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment.

The relevant law is contained within the Limitation Act 1980.

 

Regards.

 

Scott.

 

 

__________________

[psychosurfer]

The original debt was a bank loan we have been in contact with the dca but not within the 6 yr period. It was at least 7 yrs before we were contacted.

[maroondevo52]

If there was a period of 6 years when no acknowledgement or payment was made towards the debt, It's Stat Barred.

 

Letter 'M' in this link. ament to suit......................

 

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

 

Send recorded.

 

Regards.

 

Scott.

[psychosurfer]

Maroondevo52 I would just like to say thank you i did as you suggested and today received a letter from global saying that they have closed the file. This is a massive weight off our shoulders and all thanks to the help i received from here. Thanks again.

[maroondevo52]

Hi, psychosurfer.

 

Good to hear we could help If you ever get anyone else chasing the debt, just go through the same process.

 

Regards.

 

Scott.

[postggj]

maroondevo52

 

great result on a dca chasing a stat barred debt again

 

how is it you have a great way with the words

i normally go for the throat and direct

 

elegent use of the english language

[joemay]

Maroondevo52 I would just like to say thank you i did as you suggested and today received a letter from global saying that they have closed the file. This is a massive weight off our shoulders and all thanks to the help i received from here. Thanks again.

 

Well done psychosurfer great result:)

[postggj]

just read your thread again

 

please confirm this is arrow global

they are a company from america

 

they normally get marlin/ mortimer clark to litigate

 

who was the dca and sols as arrow global cant litigate themself

[postggj]

it will be poetic justice this win if you can confirm

[psychosurfer]

Sorry no this was a U.K. firm called global debt recovery i think they are based in Kent.

[Bazooka Boo]

Damn good result, well done!

 

Just goes to show knowledge is power, I am so glad you didn't just roll over and continue paying them:D:D

 

Boo;)