Debt advice needed for an 8 year old debt!

[DJAudioFreak]

Hi,

 

I'm hoping someone can give me some advice on what is now about a 7 / 8 year old debt from a personal loan which has been sold to a debt collection agency.

 

All was fine until I lost my job and could no longer pay back the loan to which I offered the company a revised payment while I wasn't working this was rejected and as such the loan got ignored as I couldn't pay it. I've since then moved several times around the country and have only just recently heard from the DCA about the loan which has more than doubled to £8508.30. As far as I'm aware I have never had contact with the DCA about the loan not one phone call or letter while I've been at an address.

 

*Amended (As far as I'm aware I've had a CCJ put on me for the default of this loan already which has since come off my credit file as it's been more than 6 years.)

 

I've just run a CCJ check and it's come back showing nothing registered, now I can't remember if they just threatened with this action of if they have taken it and it's been moved off my file. I run the CCJ check on my current address is that correct or should if been done on the address it would of gone to?

 

What else can they do to get this money?

 

I don't have any assets to speak off only my car although that is worth less than say £500 and I need for work. My only other asset is my company pension that is maybe worth about £1000 - £1500 and that's it.

 

My partner and I barely scrap through the month as it is after we have paid all the bills, living expenses, child care and the cost of fuel to work for the next month we have about £100 if we are lucky as disposable income between us.

 

Is it possible to get this debt written off as its been so long?

 

Can anyone advise me in what options are open to me?

 

Is it worth trying to use one of these new companies that will try and make the loan unenforceable?

 

Thanking you in advance for any help,

 

Ross,

Edited February 21, 2010 by DJAudioFreak
CCJ check made

[Rooster-UK]

If you have made no payments nor made any acknowledgement of the debt during the last six years then the debt is statute barred.

This means that, although you still owe the debt, the creditor cannot enforce payment.

 

If the above IS the case, then send this letter......

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Load into Word or whatever word-processor you normally use and edit to suit your circumstances.

Send it recorded delivery.

 

Regards, Rooster.

[cerberusalert]

If they have not enforced the CCJ within six years they will have to apply to a court for permission to do so, showing good reason. This is very rarely given.

 

Have the DCA mentioned the fact that there was a CCJ in place? Sometimes when they buy debts they are unaware of this fact. If they haven't you can send the 'Prove it' letter to see what they come up with http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt If they answer and still don't mention the CCJ if you haven't made a payment or written acknowledgement of the debt for six years you could send the ' Statute Barred' letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

A CCJ never becomes Statute Barred, but unless they can prove it's existence they'll be stuffed.

[DJAudioFreak]

As amended above I've just run a CCJ check and it's come back showing nothing registered, now I can't remember if they just threatened with this action or if they have taken it and it's been moved off my file. I run the CCJ check on my current address is that correct or should if been done on the address it would of gone to?

 

Also regards what counts as contact as I have never phoned or written to them about the debt although I've been told they have written to me at addresses I've lived at before although not at the time the letters arrived?

 

Should I ask them to prove that I owe the debt before sending the letter about SB?

 

Or should I just leave it for now and let as much time pass before sending the SB letter?

 

Can they counter the SB in anyway?

[cerberusalert]

I run the CCJ check on my current address is that correct or should if been done on the address it would of gone to?

The one it was served at, but if it's over six years it will not show on that site anyway, nor will the court be able to find a record unless a reference number is given. The chances of anyone being able to provide that are slim.

Also regards what counts as contact as I have never phoned or written to them about the debt

You could have written every day but as long as you never admitted the debt nothing can be done. Telephone conversations do not count.

 

Just send the SB letter, the onus is on them to prove otherwise.

[DJAudioFreak]

Thank you for all the help I will let you know what there response is...

 

Should the debt get written off I will make as large a donation as I'm able to in thanks

[Lynieloo]

Subbing with interest

[DJAudioFreak]

I have received another letter demanding payment from the DCA through a solicitor even though I have sent back the SB letter which they seem to be ignoring....

 

What should I do now?

[cerberusalert]

Send the SB letter to the solicitor.

[DJAudioFreak]

A few months ago I started receiving DCA letters regarding a very old date nearly 9 years now and I was advised to send the statute barred letter which I did and then got a letter saying the all preceding had been stopped while the account was under investigation this was in February. On the 23rd of June I received a letter saying the following.

 

"On the 28 JUL 08 a statutory demand for bankruptcy was sent to you, which we have not received a positive response from. (I never got this letter)

 

We therefore fine ourselves with no other alternative but to instruct our field agents ResolveCall to attend your address and personally serve the statutory demand for bankruptcy.

 

If satisfactory service had been achieved by the agent, they will sign a witness statement that a personal service has been achieved which may be required by the court.

 

We do not take this step lightly, there are obvious costs incurred by this company by this personal service and witness statement. However, it is also necessary for the court, upon issue of a bankruptcy petition, to be satisfied that the creditor has done all that is reasonable to bring a statutory demand to your attention."

 

I need some advice on what to do now please???

[cerberusalert]

Send the SB letter again recorded delivery. If they are stupid enough to try and serve papers update this thread & we'll advise.

[cerberusalert]

I've merged your threads so people can see what's occurred.

[cerberusalert]

Make a complaint to Trading Standards via Consumer Direct because they are in breach of OFT guidelines by continuing to pursue when you have declared a debt SB; Consumer Direct - Contact us

 

see page 8 http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[DJAudioFreak]

Thanks I've contacted CD so I will wait to hear from them, I look at that PDF but could see a relevance to me on page 8 but then I wouldn't be hear if I knew what I was looking for lol

[cerberusalert]

The reference is the quote in post #13

[DJAudioFreak]

I've just had a call from CD and all they did was suggest calling either a company called money made clear or pay plan??

 

Should I go direct to the OFT?

[cerberusalert]

Should I go direct to the OFT?

Yes, but also get in touch with Consumer Direct again and emphasise that the debt is Statute Barred and unenforceable in law and because you have notified the DCA they are in total breach of OFT guidelines. If CD give you any more bull ask them for a copy of their complaints procedures.

[annpow]

I've been reading this thread with interest as I have a similar problem.

 

Should I send the SB letter to the debt collection firm and/or the company I first had the loan with?

 

Thanks

[cerberusalert]

Whoever is chasing you now.

[JonCris]

You should also state that if they issue an SD now in the full knowledge that the alleged debt is statute barred you will vigorously resist their application and seek indemnity costs + additional damages for their abuses

 

Therefore to avoid further action, such as reporting them to the authorities, you require that they give you a written assurance that no such action will be forthcoming.

 

Give them 14 calender days in which to respond

[DJAudioFreak]

I've got the debt wiped thanks to your help!!!

 

How do I donate?

Edited September 28, 2011 by DJAudioFreak
Spelling error

[DJAudioFreak]

I don't have another question that you might be able to help me with.

 

I purchased a product from a website which when arrived was not as described or fit for purpose, I'm trying to get my money back from the seller but isn't cooperating. Do you know if I'm covered by my credit card?

 

Thanks

[cerberusalert]

You should be able to do a charge-back with the CC company.