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flaeto

Possible Statute Barred debt being chased by DCA - advice needed, please help

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Hi There.

I'm a first time poster looking for a bit of advice.

 

I got a letter some months ago from a company called pace foward, asking me to contact them regarding an 'urgent matter'. I ignored the letter and didn't call them.

 

Some weeks later I received a letter from Rockwell debt collection asking for payment of ~£1800 as instructed by Terressa Portfolio Management.

 

I sent them this letter from your forums:

 

Dear Sir/Madam,

 

Reference no: 00000000000

 

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

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully,

 

Yesterday I got a note from Rockwell with a load of photocopies and print-outs.

The debt is for a building society credit card, payment of which was last made in May 2002.

Included in the paperwork sent to me by Rockwell is

 

  • Photocopy of Credit Agreement for the Credit Card
  • Photocopies of statements from Aug 2001 - Jan 2003
  • Photocopies of Demand Letters sent to my old address from Feb 2003 - Jan 2005

It seems that demands were sent to me, but to the address where i lived when i took out the card (I moved in around 2002 and didn't notify them of my change of address - seemingly, they continued sending demand letters there for another 3 years).

 

I should point out here that I lived in Scotland when this card was taken out, and have since moved to England so I'm not sure which law applies to me.

 

I'm unsure of what to do at this juncture, and wondered if i could ask for advice from users of this forum.

 

It seems to me that the debt may be statute barred, given that payment was last made/ the debat was last acknowledged in 2002, but i'm unsure of how to proceed if that is the case.

 

Will sending another recorded letter stating the likelihood of statute barring mean a court battle? Will it cease this DCA trying to chase payment (whether they are entitled to or not)? will it merely prolong the inevitable?

 

Any help much appreciated

 

thanks.

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Definitely statute barred. If they write back to you after sending the letter posted by Jogs, then send it to them again with a short (cheeky) cover note :D


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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thanks for the advice so far guys.

i'll definitely go down the statute barred route.

 

one thing i wondered about though, they had tried to contact me up until Jan 2005, but at my old address, does that matter?

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It doesn't matter what THEY do - it's what YOU do that matters. As no payment or acknowledgement has been made by YOU since 2002, then this is statute barred :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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