Long standing debt finally found my new adress

[cerberusalert]

I've unapproved your other thread.

 

Chances they will turn up at my door?

Even if they did they have no more rights than a rag & bone man.

[cerberusalert]

Send them the Statute Barred letter; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[Old Cogger]

Note they MAY turn up at your door, sounds phishing to me, see their next step if any??

[sam614]

I've unapproved your other thread.

 

Even if they did they have no more rights than a rag & bone man.

 

and can tell them to p off:D

[Didji]

So the best course of action is to just sit tight? At what point should I take action?

 

Just a recap for anyone jumping straight to end of this thread:

 

I have an approximately £500 debt which I last acknowledge around 6 years ago. I'm 75% sure it was over 6 years ago, 25% it will be 6 years within a couple of months.

Edited June 14, 2010 by Didji
typo

[Didji]

If the door is open, can they just walk in?

[cerberusalert]

If the door is open, can they just walk in?

 

No, as soon as someone enters your front gate without permission they are committing the tort of trespass.

[MONX]

If the alleged debt is statute barred it is up to them to prove you have acknowledged the debt or made payment in the last six years, (unless they have a ccj on this debt within the six years).

 

Whatever letters you send to them, be it the "prove it letter" or the "statute barred letter", make sure that you mark it conspicuously on each page with "i do not acknowledge this debt".

 

Dont worry, it is unlikely they will doorstep you, if they do just tell them to go away, they have not been invited and if they refuse you will ring the police as they are trespassing and harrassing you.

 

As someone else has already said the only person who has the right to enter your home (under these circumstances) is a court appointed baillif and then only under certain circumstances - this is from the direct.gov website:

When bailiffs may be used

 

Your creditor (the person you owe money to) can make a claim against you in the county court. A County Court Judgment (CCJ) may be made stating that you must repay the debt.

If you don’t make the payments ordered by the court, your creditor can ask the court to issue a 'warrant of execution'. This means that county court bailiffs may be called in to help recover the debt.

Edited June 14, 2010 by MONX

[dx100uk]

and just to clarify the bailiff point

no! they DO NOT have an automatic right to enter any property!!

 

do some reading!!

 

dx

[Didji]

Just as a recap for anyone who is skipping right to the end, I have £500ish debt that I am 90% sure is statute barred. They've recently obtained my new address and have sent various letters. People in this thread have advised I ignore the letters. They have since sent me a letter offering reduced payment by a certain deadline which has now passed. I ignored this letter too.

 

Today, the 7th, they've sent me a new letter dated the 2nd, saying that 7 days after the date of the letter they intend to instruct they're Legal Department to review "my" account. It says it may involve applying for a CCJ. Then it goes into a bunch of reasons why I wouldn't want a CCJ, etc, and ends in the normal plea to contact them.

 

So, is this the time to contact them, or is this yet another phishing attempt? I pretty much figured, after they sent me the payment option, they had nothing. If they had something - or so my lay logic goes - they'd have used it by now.

 

If it's still wise to ignore them, when do I contact them?

 

Thanks again.

[dx100uk]

phishing attempt

ignore everything.

 

TBH you really need to do some reading of other peoples exps

or threads alike to yours.

 

dx

[MONX]

The way I see it, is that you have two options....well three, firstly I am sure someone will correct me if I am wrong but no court would allow a CCJ on a Statute Barred debt.

 

1. If you are positive it is statute barred then continue to ignore them.

 

2. If you are not sure, I would send either a statue barred letter or prove it letter,

 

3. or thirdly you could send a letter stating that you have no knowledge of the alleged debt and unless they can provide evidence to the contrary they should do one! heres a link: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

I think its very telling that their legal department is going to review your account and that they may apply for a CCJ!

Hope this helps.

[dx100uk]

thats all they can say

may,might, could, should, approved etc etc

all drivel.

 

its NOT for the consumer to prove it IS statute barred

its for the dca to prove its not.

 

how do you think they make 75% of their money????

 

by fleecing people that know no better than to believe a dca does no lie or that they have legal powers !!!!! they do NOT.

 

you ould be a dca tomorrow

you dont have to have a licence either!!

 

dx

[Undercover-Elsa]

The good thing about that letter is that it let's you know they haven't sneakily obtained a CCJ by default during the last 6 years.

[Bazooka Boo]

Let them continue digging their own grave, ignore them, if they had anything remotely enforceable they would have had you up before the beak a long time ago, so don't worry.