credit card dept 2002 statutory demand

[ninak]

my partner had a statutory demand sent back in july for a credit card debt in 2002

i sent them the quoted letter in the earlier forums not acknowledging the debt but asking to see the original credit agreement as stated giving them the 12 days by law they had to respond to the letter

today 3 months later they have sent the agreement but no stat demand just asking for a pay ment agreement

what is the best course of action now with this matter

as i did no think they could legally chase us for this debt

[silverfox1961]

HI Statute Barred is just that. So long as no payment or acknowledgement has been made in the intervening period, You can tell them to foxtrot oscar as they won't get a penny-end of

 

If they try another stat demand, you can get it set aside dead easily and get costs but I doubt they will.

[IdaInFife]

was 2002 when you last made a payment?

 

ida x

[ninak]

yes no payments or correspondace since 2002

tks

[ninak]

Hi ida

i have allready sent the first letter asking for the original credit agreement giving the the 12 day time limit

and yesterday they sent the agreement back 3 months after original request

[spitfire650]

If the demand was delivered in July, they could now present a bankruptcy petition - they have four months from delivering the demand before it is stale.

 

You ought to consider applying to have this set aside.

 

Which DCA issued this?

[2Grumpy]

I suspect that they might have some difficulty with a SB debt even if it's not set aside

 

But it's still best to get it set-aside - you can claim costs

[ninak]

Cap Quest debt recovery

thay are not now asking for the statortory demand they are now asking for some sort of payment and have put the account on hold untill 10 oct before it get sent to collections

 

i thought after this amount of time from 2002 that they could not do all this though

 

and also they did not send the aggreement within the legal time scale

does non of this matter

[silverfox1961]

Cap Quest debt recovery

thay are not now asking for the statortory demand they are now asking for some sort of payment and have put the account on hold untill 10 oct before it get sent to collections

 

Unless you have that they won't be following through with the SD in writing, I wouldn't trust them one inch.

They can put the account on hold for as long as they like. It's Statute Barred

 

i thought after this amount of time from 2002 that they could not do all this though

 

They can't

 

and also they did not send the aggreement within the legal time scale

does non of this matter

 

Doesn't matter that they sent the agreement late. If it wasn't stat barred and the agreement was good then they could restart collections but as it's SB, they can do bu**er all.

[ninak]

what is statue barred

how would i know it is statue barred

[silverfox1961]

If no payment nor acknowledgement of any debt owing has been made in the last 6 years(5 years in scotland) the debt is Statute Barred and while they can ask you to pay they cannot persue enforcement action.

 

fox

[ninak]

so when they did statortory demand were they just bluffing then or can they still do this

how can i find out if it is statue barred for sure when i asked them to send me the credit agreement even though i stated i did not acknoledge the dept has this put me in a bad position

what shal i do now for best just ignore them or ??

[silverfox1961]

so when they did statortory demand were they just bluffing then or can they still do this

 

They were probably bluffing

how can i find out if it is statue barred for sure when i asked them to send me the credit agreement even though i stated i did not acknoledge the dept has this put me in a bad position

 

Nope

what shal i do now for best just ignore them or ??

 

Don't ignore anything that looks legal, come here for advice.

 

I would just send the Statute Barred letter from here.

The Consumer Forums - Debt collectors

 

Letter 2.

 

It's up to them to prove it isn't Statute Barred, not you to prove it is.

[ninak]

tks so much for all your help i will do that and wait and see what happens next

tks so much

[B3rty]

You need to think like this...DCAs will send out letters out of the blue many of them computer generated just to get a response and "bully" the account holder into making a payment.

 

SD/Court Action/Charging Orders/Bankruptcy are the common threats that get a response...and the way they like to do this is for you to call them...

 

As silverfox advocates the Statute Barred letter is the best response and its up to them to prove otherwise..by producing an agreement and contact record to prove otherwise over the past 6 years...until they do its goodbye Jo