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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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spadino and a DCA threat-o-gram


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The Statute Barred Debts

Unclear Areas of the Law Mean Rich Pickings for the Debt Spivs

 

 

 

 

 

The Statute Barred Debt [problem] is just one example of how debt purchasing companies make a tidy bit of money because the law is so woolly about what is allowed and what is not. When a legal point is so fuzzy that lawyers may argue about it for hours it means that this is an area which has rich pickings for the debt spivs. They can interpret the law in the way which favours their own activities and leave the areas of doubt in the minds of their victims to be dealt with by the usual fear, uncertainty and ignorance of the law which are the debt spiv's trusted allies.

 

 

 

What Is A Statute Barred Debt?

 

A Statute Barred Debt is a debt which cannot be recovered by a creditor through legal action because the time limit imposed by the various limitations regulations has been exceeded. In England and Wales this is six years; in Scotland this is five years. Clearly a debt cannot purposefully go on forever and ever, and so some kind of time frame has had to be imposed and case law suggested that the current limitations laws would eventually be applied to this. In England and Wales this is also what is alluded to when a debt is cleared from one's credit record after six years.

 

A debt is considered Statute Barred if the creditor has not contacted the debtor about the account for a period of six years (five in Scotland) and no further action has been taken.

 

However, a Statute Barred debt may be made the subject of a CCJ under certain conditions and this will alter its status accordingly. There are plenty of grey areas where debt spivs and their wily lawyers can and will put a legal spanner in the works rather than doing nothing.

 

There is a lot of uncertainty about Statute Barred debt in the minds of the public, and the debt spivs rely on this to turn a nice profit.

 

To quote from the excellent Debtquestions site, with a Statute Barred debt,

 

the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

 

But as we know, DCAs do not always follow the law. Many are ignorant of it, and many knowingly break it. The following is how a debt purchasing company would make use of such debts within the mechanism of the existing debt purchasing patterns.

 

 

 

How Do Debt Purchasers Profit From Statute Barred Debts?

 

Here is a scenario of how a debt purchasing company will make a great deal of money for doing very little, by the crafty use of Statute Barred debts.

 

Statute Barred debts will be worth very little on the open market. Certainly they will be much less than the usual 10p in the pound which delinquent debtor accounts are usually sold for once the original lender has written it off and collected on the insurance and the tax loss.

 

Statute Barred debts would usually be peddled for about 3p in the pound. Such dealings will be kept very "hush hush" because they are so dodgy. But that doesn't seem to stop the debt spivs from doing it, from what we see in the consumer forums.

 

So let us take a scenario where a thousand delinquent accounts are known to be over 6 years old. Their value has been considerably reduced because of their age. But some money can still be squeezed out of them on the Statute Barred market. And if there's money to be made - any money - then the debt spivs will be there!

 

Let's say that these thousand delinquent and aged accounts average a debt of £2,000 each. That makes the original value of the accounts £2 million. But because they are Statute Barred debts they can be only sold on to a DCA for 3 pence in the pound, so the debt purchasing company coughs up £60,000 for them, and the firm who sold them (perhaps a bank, but more likely another DCA or debt purchaser after all this time) will be glad because they've managed to ditch the rubbish and are also £60,000 richer.

 

The DCA or debt purchasing company who deals in Statute Barred debts will be of the grubbiest sort, but that hasn't stopped them before. Now comes the master plan.

 

The DCA who has purchased the Statute Barred debts now has a commodity with a face value of £2 million as long as the right punters can be found.

 

The DCA will then send letters out to the names and addresses associated with the Statute Barred debts. The letter says that the DCA are collecting the debt on behalf of the bank, or whoever the original lender was. But, out of goodwill, they are willing to accept only half the original account value in each case. If only 10 percent respond by paying up half the money then the DCA will have made £100,000. Let's say that the cost of sending a thousand letters was £3,000 including posting, envelopes, staff costs and overheads. Add the £60,000 for the cost of buying all this nonsense in the first place. That's a nice profit of £37,000 for doing very little.

 

Turn this into an industry by doing this kind of thing every month and you have Statute Barred profits on an industrial scale. Trebles and writs all round!

 

 

 

But Get The Right Suckers List ...

 

It is known that DCAs will send out mass mailings to people speculatively (and without knowing with any certainty that the recipients of these letters have any connection with the specific debts with which they are confronted). Stories of these abound, and the debts in question may or may not be more than 6 years old. It is not beyond the bounds of the imagination that the debt purchasing industry will have built special "suckers lists" much in the same way that other conmen have - the kind of circular that is sent out to people telling them that they have won the lottery and that they must simply pay £25 administration fee in order to secure the money into their accounts (even though they don't play the lottery). There are more of these [problem]s around than ever before.

 

What if a suckers list was developed of people who habitually fell for the speculative debt [problem]? Such a list, when used in connection with a bulk-buy of Statute Barred debts, could make a fortune for the debt purchasing companies.

 

Such a list would not be cheap. Compiled, perhaps, over many years, it would be worth quite a sum if the people on it had sufficient "sucker value".

 

So let's say a list of 2,000 people was complied in this way (a ratio of 2:1). If 25 percent of people responded positively by paying half the original value of the account, the amount raised would be £500,000. The profits for the DCA would be over £400,000 each time an exercise like that was pulled off.

 

 

 

Statute Barred Debts Are Unenforceable

 

Clearly, statute barred debts are the most obviously unenforceable type of debt there is, on the grounds of their age (over 6 years old in England and Wales; over 5 years old in Scotland).

 

There are services which will check if you have debts which may be unenforceable, but most of them have gained a bad reputation by charging up-front fees of £295 and similar figures and then following up with very little which can be described as work.

 

One service we discovered which charges no up-front fees is so efficient we have decided to make their service available from our sister site Unenforceable Credit Agreements. They are Ministry of Justice regulated and will also be able to advise clients on debt management and associated matters like claiming back missold payment protection insurance (again, without any application fee).

 

 

 

Debt Collectors Who Use The Statute Barred Debt [problem]

 

Because this is an area of activity which is actually illegal it is not surprising that there is no definitive data on which DCAs or debt purchasing companies actually specialise in the statute barred debts [problem].

 

However, one indicator of which DCAs operate statute barred debt the most is by looking on a prominent search engine and seeing the incidence of mentions of the term "statute barred" in close proximity to the name of a DCA or debt purchasing company.

 

In Google the search operator would be:

 

"statute barred" + "Name of DCA"

 

with the name of the company in place of the "Name of DCA" search string. This brings up the approximate number of web pages where these two terms exist on the same page.

 

Try doing this with any of the firms listed to the left, and you'll get a pretty good indication of which of these little tykes doesn't mind breaking the law to turn an extra bob or thousand.

 

And just in case m'learned friends at Sue Grabbit & Runne are reaching for their quills at the present moment, it is only fair to mention that the results this method brings forth would be produced by a search engine (in this case Google) and not by this website or its authors. So fire your writs in their direction.

 

The Internet is such a wonderful thing!

 

 

 

Permanent Relief From Debt Collectors' Letters and Phone Calls

 

Apart from tearing into the never-never world of a so-called debt consolidation loan (which, in our humble opinion, only makes matters worse two or three years down the road) is a debt management programme. There are many different types and our experts will be able to give independent advice to ensure that you get the best one for your own circumstances. This is the only way to permanently stop those phone calls, letters and threats from debt spivs. Debt management plans include the ever popular Individual Voluntary Arrangement (IVA) which can write off up to 70% of your total unsecured debt.

 

If you live in Scotland a Protected Trust Deed is the equivalent of an IVA, and this can actually write off up to 90% of your debt. A visit to our debt management plan website may turn your life round for good.

Edited by dx100uk
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  • 4 months later...

per i dont like that site

nor some of the things it says:

 

this is not true either:

 

However, a Statute Barred debt may be made the subject of a CCJ under certain conditions and this will alter its status accordingly. There are plenty of grey areas where debt spivs and their wily lawyers can and will put a legal spanner in the works rather than doing nothing.

 

 

you can never unbar a debt nor get a CCJ on it.

 

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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They will only get a CCJ on a statute barred debt if it is left undefended.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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