I've just recieved a letter from Pace Forward

[worriedandconcerned]

Hi,

 

I hope someone can help me or give me some advice, I'm really anxious and don't know what to do for the best. Basically the story is that I got in from work last night and had a letter waiting for me from a company called 'Pace Forward', it says that they are trying to contact me 'in order to discuss a personal matter'. I was immediately concerned as the wording of the letter is very vague, it doesn't say what it is relation too but it says to call them immediately, it goes on to say that if I am not the person named above then to contact them so they can remove my address from their records.

 

When I was younger, (about 6 years ago) I was living with friends and ran up some debt, I have almost finished paying everything back but I remember that I defaulted on a credit card which was never resolved to be honest, I'd pretty much forgot about it as its been so long and I have never heard anything from anyone in all this time. But then I get this letter out of the blue and its the only thing that it can be, I'm now really worried as I have just about got myself sorted then this happens. I checked my credit report about 3 months ago and there was nothing on their regarding this credit card so I was just hoping that I wouldn't here anymore about it. I don't even know how much they want from me, but my instinct is not to ring the number, but equally how am I going to find out? Does anyone know if this sum will have just been accruing interest for all these years if so, I don't know how I'm ever going to be able to pay it back??

 

I'm meant to be buying a house with my girlfriend in the next few months and i'm worried that this will scupper any chance of that by damaging my credit rating. If anyone could give me some advice I'd really, really appreciate it, at the moment I just feel a bit worried and I don't know what to do for the best.

 

Thanks,

 

worriedandconcerned

[rebel11]

Hi worried

 

Welcome to CAG

 

The guys will advise as soon as possible.

[harrassed senior]

Hi, First of all do not be tempted to 'phone these guys, or an like them. If they 'phone you do not answer their security questions, and just say in writing only and put the phone down.

 

This is a typical 'phishing' letter which my advice would be to totally ignore. They will probably follow up with another soon, and we can help with an answer then.

 

It is possible that this is a Statute Barred CC debt, or about to become one, so it is important at the moment to make no contact.

 

Can you remember if there would have been a period of 6 years between the last payment on this account? (5years in Scotland).

[worriedandconcerned]

Hi, thanks so much for replying, my memories a bit hazy of the time exactly, I'd gotten myself into a bit of a mess. I was living in rented accomdation at the time and fell behind on the payments and then was told by the bank when I rang them that I had defaulted on the agreement, I think that this must have been in about July/August 2004. I then moved back to my parents house to try and sort myself out a bit but I'm sure I haven't had any contact with them over this account since then, I bank with the same company and I told my branch my new address for statements etc but I didn't hear anything from them with regards to this credit card until now. I think my last payment with regards to the credit card must have been around the time I stated above so just over 6 years ago, say 6 years and 2-3 months. If they carried on writing to me at my old address does that muddy the waters because I didn't tell them that I had moved? For example could they say that they wrote to me in January 2005 but I didn't respond (because I've never recieved any letters). I hope that makes some sense, I think I might me rambling slightly.

[Tingy]

That's good news. I'd ignore this letter totally and wait for them to write you a proper one. Honestly, you have no need to be anxious about doing this. If it has been over 6 years without you acknowledging or paying anything toward the debt it is Statute Barred which means it cannot legally be collected. There are a few companies out there who still try to collect SB debts, but the law is 100% on your side and you have no fear of these people. As I say, ignore this letter, as if there's any doubt about it being over 6 years or not the longer you delay any response the better. DO NOT UNDER ANY CIRCUMSTANCES PHONE THEM AND DO NOT WRITE ANYTHING WITHOUT POSTING ON HERE FIRST AND PUTTING IN THE WORDS "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY."

 

Now relax! I used to be literally physically sick by this sort of letter, now thy do not bother me in the slightest. Don't worry - let's just make sure that 6 years has passed.

[Bazooka Boo]

Pace forward AGAIN!!!

Thay have about as much bite as my Gran without her teeth in!They should be called creep forward, or is it 'Run awayyyyyy!!'

They really are a laugh a minute, just wish that they would send one of their comical letters, the first people they would hear off are the OFT for misleading people.

You have nothing to worry about, you have much more important things to be doing like watching the paint dry, ignore their puerile missives.

[worriedandconcerned]

Hi,

 

I've been away for Christmas and just got back, waiting for me was a letter from Rockwell saying that I owe them money and that I had 10 days from the 16th December to pay in full or they will take immediate action. I do still think that this debt is over 6 years old and therefore probably statute barred, so what should I do now, should I send them a letter immediately? What can they do if I do nothing? Also does anyone know if it does prove to be statute barred can they do anything to damage my credit rating as I am meant to be buying a house in a few months and don't want anything to mess that up.

 

Thanks guys, I'm really grateful of any replies and advice.

[Undercover-Elsa]

Hi Worried ,

Please try not to worry so much, reading through your thread it looks very much as if this debt is, or is about to be Statute Barred. These people buy these debts extremely cheaply and send these threats in the hope that people worry, panic and pay up (if they don't know their rights or don't find CAG!). We're only assuming it's your debt at all until we make them reveal some proof..more on that in a mo..

 

It's quite likely that you checking your credit record brought them out of the woodwork. A couple of questions:

When you checked, is this credit card debt still listed? If so is a date of default stated?

Did Rockwell state the amount owed and who the original creditor is or who owns the debt now?

 

Either way, you now need to send them the PROVE IT letter. We'll get to the Statute Barred letter if and when we need to, when we have more info from them.

Take a look at my debt help blog linked below. The prove it letter template is linked on there. Send it by recorded, and don't sign it, just print your name.

 

Anything else you need to know just shout, and apart from sending the above letter don't communicate with them without checking with us first..it's important not to acknowledge the debt in any way.

 

Kind regards,

 

Elsa x

[Undercover-Elsa]

PS: Re your last question, if it is Statute Barred it will drop off your credit file and won't affect your mortgage application.

The debt collector can ASK you to repay a Stat Barred debt, but as soon as you tell them that it's statute barred and you will not be paying it they HAVE to leave you alone. They can't mess up your credit file because of it..if they tried you could take action against them and get it removed.

Also, watch out for false claims that it's not SB because you made a recent "attempted payment"..total rubbish, but quite a few of them try this but if you didn't it's easy to disprove.

Elsa x

[Tingy]

Worried,

 

That's good advice from Elsa - send off the Prove It letter now.

 

They are desperate and know they either have no chance of collecting it, or just a very short time until it becomes Statute Barred. As I said earlier, but I'll repeat it in the hope it might ease your mind, it's horrible when you first start receiving these letters (they bank on you being worried enough to pay them). I literally used to be physically sick every morning waiting for the post as I was so terrified.

 

You do not need to worry. I'm a very big worrier - if I'm not worried I often wonder what I've missed and worry about that! I've had so many of these letters now (literally thousands) that I don't care about them. I deal with them, but they honestly do not bother me in the slightest.

 

Please try to calm down - worry is not good for you and you're in safe hands here.

[Bazooka Boo]

Agreed, worrying is like a rocking chair, it gives you something to do,,,,,but gets you nowhere!

 

letter from Rockwell saying that I owe them money and that I had 10 days from the 16th December to pay in full or they will take immediate action.

Once again, that letter is indicative of how puerile they are, this is also a good indicator that the computer was left on over the crimbo period, as we had four days of public holidays! Xmas day, Boxing day, bank holiday Monday & Tuesday, it is hilarious that they believe anyone would even be so concerned by their tame empty threats at this time of year (if at all!)

That just goes to prove what a sad sorry shallow industry this is, and how proud their parents must be of all of them who work their!

[UnmoderatetheNet]

PACE or should I say Tessera Credit Services Ltd and there various other mutations are well known on here Rockwell is another under the same slimy umbrella

 

You have your answer already, so stop worrying. The facts are as stated if the debt is over 6 years old it won't even be picked in CC, as you can verify by your report.

 

This **** are absolutely pathetic they do not have a leg to stand on but are still trying to collect a 6 year old debt, parasites.

 

One thing that concerns me is it seems clear that the OP requesting CR has flagged on GAIN = Gone Away Information network?

 

This should not have happened hence the fishing trip by PACE, I think IC would be interested by this.

 

Anyway, if you have your credit file and its good you are ok but remember NEVER EVER RING NO MATTER HOW SCARY THE LETTERS GET....EVER

[worriedandconcerned]

Hi thanks for the replies and the information, sorry I've not replied all day I've only just got in from work. In fairness I am sure that the debt is mine, It says that the debt is owed to Tessera Portfolio Management Ltd and that the original lender was Natwest bank. The amount is also about what I remember. Given this should I still send the 'prove it' letter or should I just go straight down the statute barred route and send them a letter relating to that?

 

I checked my credit report recently and this default is not on there, no mention whatsoever, I guess what was concerning me was that if I went down the statute barred route as I am sure that I haven't either made a payment or acknowledged this debt in just over 6 years (I think it was 6 years in about August 2004 that I made the last payment) is could Tessera then place a default on my credit file because I haven't paid the debt to them? or is it only the original lender that I had the credit card with that could put a default on my file?

[Tingy]

They can't place a default on you after all this time whoever they are. Send the Statute Barred letter - PLEASE DO NOT EVEN CONSIDER THE PROVE IT LETTER! You've already said you know you owe it, so why do you want them to prove it. The thing is because of our legal system they cannot legally chase you for it as long as you tell them it is Statute Barred.

[worriedandconcerned]

Right awesome, thanks alot Tingy. I'll send the get cracking with the statute barred letter. All your advice has been brilliant everyone, i'm really grateful!

[Tingy]

Just to be 100% sure you send the right one (send recorded delivery):

Creditor or DCA Name

Creditor or DCA Address

Town

County

Postcode

 

 

 

 

 

Dear Sir/Madam

Re: Account No/Your Ref:

 

No debt is acknowledged to your company yet you have contacted me regarding the above account.

 

As I am sure you are aware, under the Limitation Act 1980, s.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.”

 

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

 

Furthermore, the OFT Debt Collection Guidance states 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 s.40 (1) of the Administration of Justice Act 1970".

 

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

 

I look forward to your early reply.

 

 

 

Yours faithfully

 

 

 

 

(Your signature)

(Your Name)

Edited December 28, 2010 by Tingy

[Tingy]

If they are silly enough to still keep chasing, here's your next one:

 

(Address)

 

(Date)

 

Dear Sir / Madam

 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

 

4. I wrote to your company on (XXXXX) explaining that I had no wish to pay towards a debt that was barred by the statute of limitations Act 1980, this was signed for by your company on (XXXXX)

 

5. I am now of the view that your actions are of pure harrassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again,that even if the debt were mine, I would not pay it.

 

7. I am sure you are also aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

OPTIONAL PARAGRAPHS IF A 'DOORSTEP' VISIT IS BEING THREATENED

 

8. You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

 

9. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property.

 

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass.

 

I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days. Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and xxxx - Undersecretary Of State For Trade And Consumer Affairs.

 

I hope this letter makes my position COMPLETELY clear

 

Yours faithfully

[Roblynmouth]

Hi

 

See, no worries, mind you i think its party time so enjoy your life with you partner, have loads of fun and dont forget

Finally heres sombody to help me

Word of Caution, i may have mangled the last sentance but hay thats far moor important than the Scumbags

[dx100uk]

TBH i'd do nothing - ignore them

 

its for them to prove it's not statute barred - not for you to prove it is

 

you fire off anything and you'll get a marker that a mug awaits fleecing and they'll just sell it on for the next fleecer to try with a phishing letter

 

dx

[Bazooka Boo]

Fully agree, there is zero you need do, less for putting their puerile threat letters in a drawer marked "immature children" and fully ignore.

Unless of course you wish to entertain them in a little letter tennis, whereby you will send them meaningful adult letters and they will reply with childish computer generated empty threats!

 

Whatever letter you send them will ALWAYS be replied too by a computer generated response, until these imbeciles "OWN" the alleged debt, then their is nothing they can do, less for advising their 'client' to escalate the matter..

[Tingy]

Sorry folks, but can't agree totally. Yes, they'll keep chasing UNLESS the SB letter is sent then they have to stop pursuing it, and if they don't they can then be forced to.

[Undercover-Elsa]

I agree. It's not a question of a right or wrong way...we all have our own way of dealing with things, largely down to personal preference, there's never one size fits all in this business.

If it was me, I'd rather send the Stat Barred letter now (by Recorded Delivery) and THEN ignore them. That way they know you know your rights and there's more chance they'll slink off to pester someone else who doesn't. Plus once you've told them that, it's more power to your elbow if they continue..THEN you can report them, which you can only do if they continue to harrass AFTER you've informed them it's Statute Barred.

 

Elsa x

[dx100uk]

horses for diff courses

 

they will just sell it on in a phishing list without the 'bad news' letter they got

else the next fleecer will not buy the debt.

 

the process will just start again with them.

 

but the off-shoot is there will be a marker against you the you did respond.

 

OP's choice

 

dx

[Tingy]

dx - I was of the opinion that if they sold it on again having been informed it was SB they were being a bit naughty. The SB should in theory put a stop to any further action being taken.

[dx100uk]

there is very little evidence of that ever being the case in reality

the ICO or WHY do nowt.

 

typically, 'bad news' is not fwded on the list when sold in a porfolio

 

dx