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kinetix63

Advice re Statute Barred debt

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Hi Guys,

 

Just a really quick question I'm hoping you can help with here.

 

I've received a letter from a DCA regarding a debt that I know is statute barred. My question is regarding what order I should do things in.

 

Should I send them straight away a copy of the Statute Barred letter? Or should I make a CCA/SAR request first? What I'm concerned about is them taking a letter and using it to show I admitted to the debt.

 

Any advice very much appreciated :)

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that wont happen.

 

pers i'd not reply at all

phishing trip

 

ignore them.

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Once a debt is barred by S5 Limitation Act 1980, NOTHING can unbar it. You can take a full page ad in every newspaper in England admitting thet you owe the money, but you could still not be forced to pay itAs far as I'm concerned, if the original creditors can't be bothered to take formal recovery action within 6 years - which is a really long time - then they deserve not to be paid.


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Yeah i'm with dx100uk here, ignore the letter.

 

What I would do is check that there are no CCJ's on the debt to ensure that the statute barred date wasnt moved on by the issuing of it. you can do this here : http://www.trustonline.org.uk/

 

If you are 100% sure that it is statute barred, I would ignore the phishing excercise, but if you have a niggling doubt you could just send a "no knowledge" letter from the templates and the onus is then with them to provide evidence, then if they come up with something you can ascertain if it isnt statute barred, how near it is and if it is enforceable.


Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Hi Guys,

 

Thanks very much for the advice - it is appreciated! The debt is deffo 100% statute barred. I had to have a credit check completed for renting a new house about 2-3 months ago, and that came back clean - no CCJ's, so I know we're all good there.

 

I will quite happily ignore the letters, but I'm just wondering if that's the best thing to do or not? This lot tried their luck at my previous address a couple of years ago (it was statute barred then too), and actually went as far as sending a doorstep collector to try and get money out. The doorstep guy was told to go away and send anything in writing. Lo and behold all contact regarding it stopped, and life was peaceful again.

 

I'd rather not go through the aggro of having a doorstep agent turn up again. This time around the DCA is the dreaded Mackenzie Hall, and I'd really rather have them stop in their tracks and ACTUALLY mark this down on their systems as un-enforceable so they'll actually leave me alone over a debt that's now 11 years old.

 

I hope that makes sense??

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If you are totally sure that this is SB then send the appropriate letter. There are loads of DCAs chancing their arm of long ago SB debts at the moment - they are getting desperate!! MH are doing the same to my sister at present, in her case SB 2001!! Have sent the SB letter just over a week ago, no response so far.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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my mrs still gets her annual letter of MH amongst others for a debt from 1983!

 

it will matter not what you write to chase them away

 

they certainly will not fwd that on in the phishing list when they sell it - else no-one would buy it.

 

you write, you'll get a marker on their file that says mug awaits fleecing.

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If you're sure the debt is SB, then I would send the letter. If you then receive anything more from them than an acceptance of this, then complain to the OFT and to your local Trading Standards dept via Consumer Direct. This shows them that you know the law in this respect and strenghtens your hand in case they try to do anything to your credit file.

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