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rover66

statute barred

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hi all,i have had just recently a few letters from lowells chasing a catalogue debt,which is statute barred.

 

long story short was taken seriously ill 9 years ago and it took me 5 years to recover,moved to 3 different hospitals in that time,so my debts became forgotton and i didnt remember who i owed or what i owed.

 

now out of the woodwork a few dca are sending letters and i know some are staute barred and a couple only have a few months to go.

the question is what would be the best strategy to deal with them.

 

Cheers rover.

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Only send the statute barred letter to those that you know are statute barred.

 

For others send the letter below. They have to send you full details of a debt, not just a demand. This should include ideally a copy of statements from the relevant creditors.

 

You may also wish to check to see if CCJ's have been obtained by using the following. CCJs, court orders & fines - Search yourself and others - Trust Online

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully


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Hi Rover,

Good advice above. I can only add don't ever get involved discussing any of these debts on the phone. They WILL lie and try to scare you or trip you up.

Watch out for trick alleged payments, designed to cancel the SB status..yes they do it quite often!

 

Finally, do not sign anything you send them with your normal signature. Hand print your name.

Here's the Stat Barred template:

 

 

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

 

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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What's ironic is that not only will it be Stat Barred..odds on there's nothing even vaguely resembling a credit agreement for the catalogue debt either.

Chancers!!


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Thanks for all the information and it will all be taken on board and the relevant letters will be sent.

Once again thanks for the help and most importantly the piece of mind.

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If only a few months to go , I'd consider not doing a thing . Prolong the non communication unless you are absolutely compelled to have to make contact.

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Hi,

I agree it's tempting to ignore them, but in some cases they respond by issuing a claim in order to get it in before the time limit runs out, unfortunately.It's a bit like playing "Play Your Cards Right", trying to judge by the tone of the letters which ones you can safely ignore :)

 

Certainly, push all responses to the limit time wise, but I would have thought that once they respond to the prove it letter, identifying the debt,then the next move is a CCA request so that the account can be put in dispute till they provide an agreement, thus keeping them busy and providing some protection against a claim being issued on a formally disputed account.

Just my opinion though :)

Edited by Undercover-Elsa

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Thanks for all the advise,

sat here last night and realised that the last payment would have been around 2001 so i,ll wait and see what other letters i get from them and then laugh at them.

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That's the spirit!!

We take great enjoyment from seeing how creative they can get!

Ive had everything grom pictures of Easter Eggs saying "Let's crack this debt together!!" to threats that curdle your blood till you see the bad grammar, spelling mistakes and those crucial words "we may" "we might" or "this could result in..."

Tosh!!!

:)


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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That's the spirit!!

We take great enjoyment from seeing how creative they can get!

Ive had everything grom pictures of Easter Eggs saying "Let's crack this debt together!!" to threats that curdle your blood till you see the bad grammar, spelling mistakes and those crucial words "we may" "we might" or "this could result in..."

Tosh!!!

:)

I cant wait :lol:

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