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Bubblehead69/DCA chasing old CC debt.


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Hiya,

can anyone help me please ? I'm new to this site. I was contacted by a DCA recently about a credit card debt that defaulted in around 2001, and as i didn't know about this site then, i started to repay the debt after it had become "Statute Barred". Do i need to continue repaying the debt ? Any advice would be greatly appreciated.

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Bubble, do you have a CCJ for this debt ?

 

Are you sure that a period of 6 years (5 if in Scotland) went without contact or payment before you started paying ?

 

 

If you answer that it does not have a CCJ and yes to the second let us know and we can do you a letter to send to the DCA, on sending this letter do not pay them anything else and never contact them again regardless of their contact with you ONCE STATUE BARRED ALWAYS STATUE BARRED . . they cannot decide it is no longer because you decided to make goodwill payments . . . .

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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Okies lets do you a letter. Im gonna assume your under English law, please correct me if not.

 

Dear Sir/Madam

 

 

Account reference: XXXX

 

 

After a full accounts audit on all my finances I am now aware that this debt on the above account is not enforceable and all payments and arrangements will cease with imediete affect.

 

Under the Limitations Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The OFT Debt Collection Guidance states further that “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”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account.

I also insist that you supply a full written copy of your complaints procedure..

 

It should also be noted that I will be contacting Trading Standards concerning this matter.

 

Ignoring this letter and continuing to press for payment will not resolve this matter.

 

I will not hesitate to pursue this matter with Trading Standards and the OFT, additionally I will seek immediate legal advice should you continue to press for payment, as we feel this may constitute an offence under The Consumer Protection From Unfair Trading Regulations 2008

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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No problem, send off recorded delivery and stop paying them. if they give you grief in writing then come back here for advise. do not discuss on the phone. remember they are professionals at scaring people so dont allow yourself to be bullied.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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i'll get a thread started for you

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks Dx

 

Ok here it is.

 

Quite often it helps to know the DCA firm who is doing the chasing-any chance you can tell us ?

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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