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Statute barred?

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Hi all,

I am new to this site and have a distressing problem.

In January 2003 I bought a car on finance with theYes car dealership, finance was with Direct Auto Finance. I made my last payment April 2003 prior to relocating to Canada and had my ex-wife return the car to the finance company.

In August 2003 with a failed relationship under my belt I returned to UK.

In May 2004 I returned to the exact same address where I bought the car and left this address (I also received a credit card at this address) January 2007 no contact was made from the creditors during this time, a default notice was placed on my credit file December 2003.

In January 2008 I recieved a letter from Thames Credit Ltd for the outstanding debt £7000 and in February they told me it had been bought by Activ Kapital, I sent the letter asking for a copy of the agreement and signed true copy of assignment, but not acknowledging debt to them.

 

I received a copy of sale agreement but no copy of of signed agreement, they said they did not have to provide this!

Then in September 2009 I got a letter from Activ Kapital for debt and now in December have had telephone calls at 08:00 in the morning.

Is this statute barred? as last payment was in April 2003. Please advise - thank you.

 

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Hi and welcome to the CAG forums, in one word YES....Thames are well known for attempting to collect on statute barred debts...you need to send this letter here by recorded delivery - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred - Also do not even worry about the agreement, once you state that you have no wish to pay towards a debt that is statute barred, they have to stop harrassing you as this is against the OFT's guidelines and could be construed as harrassment - Have a read here (from section 2.13 onwards) - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf


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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If they continue to harrass you or it gets thrown around please keep us posted....I will also move this thread to the debt collection forums too...


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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Thanks you for your swift reply.

I will try the letter and see what happens.

Once again thanks for the advice.

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Hi. Hopefully this is the right place to post....

 

I recently received some correspondence from a company that wants me to contact them to verify that I am the person they say I am living there. (I am the person). This is related to debts on my old property from over 12 years ago. Since then I have had no contact whatsoever with any of my old creditors from my previous address. I believe that any debts remaining from that time would become statute barred, am I correct?

 

If so, I have also had some information that if a particular debt had gone to Court and was successful in obtaining a County Court Judgement that particular debt would "Never" become statute barred. Is this correct? I do not know whether any of those old debts has a County Court Judgement, is there any way I can find out without asking this company who is after me? Some advice is very much needed PLZ!!!! Thank you.:confused:

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6 years is the staute barred timescale

 

a CCJ would never become SB,but if they tried to enforce it after say 6 years had passed,they would have go back to court and have to be pretty convincing to make a judge enforce it

 

more than likely they would be told to take a hike!!


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Thank you very much for the swift reply, much appreciated.:smile:

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DCA will only be given permission by the court up to 12 calendar months from purchase date if it is under 6 years.

6 months if over 6 yrs.

 

over 6 years and they need original court documents;),as they are removed from central court files.

 

depending on length of time since the ccj was issued.absolute cut of period for permission to enforce is 10 years.

 

hope that helps

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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I recently received some correspondence from a company that wants me to contact them to verify that I am the person they say I am living there. (I am the person). This is related to debts on my old property from over 12 years ago. Since then I have had no contact whatsoever with any of my old creditors from my previous address. I believe that any debts remaining from that time would become statute barred, am I correct?

 

Yes

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Yes I believe it is 12 Years for contracts under seal.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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