Old debt, being VERY hassled - please, please help.

[SassyBr]

Hi everyone - this is my 1st post therefore I am sorry for its begging nature but I could really do with some advice.

 

When I was in my late teens/very early 20's I got myself into some hefty debt, I was stupid and made huge mistakes - in the end with various people/agencies hassling me I turned to my parents and they paid off most of the debt - I say most because there were a few things I'd forgotten/was embarrased to mention.

 

I buried my head in the sand, suffered with very bad credit for many years - but the hassling stopped, and I stupidly thought they debt had been written off.

 

I am now 32, married and very settled, - I had bad credit for a LONG time, but now have a mortgage, credit cards and a bank account all resulting in a very good credit rating - back in November last year I did a credit report before we got our mortgage to check I'd be ok to get one, and my credit rating was 999...since then I have been utterly bombarded by debt letters from Rockwell debt agency and Mackenzie Hall - I'm guessing they have got my details from my credit report? they still address the letters to my maiden name.

 

ALL of these debts are over 8 years old - I've been with my husband 8 years and all of these debts were before him - tbh I can't even remember what they were originally for.

 

What can I do? I assumed they'd be statute barred by now? They do not appear on my credit file on experian.

 

I'm being threatened with debt collectors/baliffs/CCJ's - obviously with our mortgage I dont want to risk getting another bad credit report....I'd really appreciate some help.

[dadofholly]

If you are sure these debts are over 6 years old, and you have made no payments, or made no contact concerning these debts in that time then dend the statute barred letter that can be found by clicking the link below.

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[42man]

As has been said above, if you have not made any kind of payments towards the debt or acknowledged it in writing for at least 6 years (5 in Scotland) - or there is a gap of at least 6 years in the life of the debt where you have not made a payment (and despite making recent payments) then the debt will be statute barred, send the letter above by recorded delivery. Once you have stated that you have no intention of paying towards a debt that is barred by the statute of limitations act 1980, then they HAVE to stop pursuing you otherwise it could be classed as harrassment. If you hear any more from these companies after sending the above letter then let us know.

[SassyBr]

Thank you all so, so much - I'll send the letter today - I really do appreciate your advice, thanks

[mylonite]

I have very similiar circumstances to the OP, getting badly into debt when I got divorced. Recently I foolishly generated a credit report and that has sparked a series of letters from DCA's threatening all sorts of dire consequences, I have followed all the excellent advice on here and sent a statute barred letter to one of the DCA's (Rockwell).

They have responded acknowledging that the date is indeed statute barred but also state that they will continue to demand payment as they see fit, start charging interest, and reserve the right to transfer the debt to another DCA and register a default notice with a CRA.

 

The first three I can happily deal with but the last one will wreck what I have manged to build up over the last 8 years, can they do this? Is there anything that I can do to stop them?

 

many thanks in advance for any assistance

[harrassed senior]

Request their complaints' procedure, send a copy of their letter with a complaint to the OFT and Consumer Direct

 

Contact us - The Office of Fair Trading

 

http://www.consumerdirect.gov.uk/contact

 

The guidelines are quite clear in that they should not/cannot do this once you have told them that you will not be paying a Statute Barred letter.

[ukaviator]

Just one thing to note, if the company managed to get a CCJ and you did'nt know about it, or they could'nt find you, it may have sat dormant for some time. When you resurfaced asking for a mortgage the company has then been informed that you have re appeared. The CCJ can be restored by the court if they applied. You need to see if there is a dormant CCJ, You can check via this link:

 

http://www.trustonline.org.uk/search-yourself/

 

Unless set aside or cancelled, a judgment remains on the Register for a period of six years from its registration date.

[DonkeyB]

I have very similiar circumstances to the OP, getting badly into debt when I got divorced. Recently I foolishly generated a credit report and that has sparked a series of letters from DCA's threatening all sorts of dire consequences, I have followed all the excellent advice on here and sent a statute barred letter to one of the DCA's (Rockwell).

They have responded acknowledging that the date is indeed statute barred but also state that they will continue to demand payment as they see fit, start charging interest, and reserve the right to transfer the debt to another DCA and register a default notice with a CRA.

 

The first three I can happily deal with but the last one will wreck what I have manged to build up over the last 8 years, can they do this? Is there anything that I can do to stop them?

 

many thanks in advance for any assistance

 

They cannot now register a default. It is way too late. This is a threat, and is misleading, which is against OFT guidelines. You must complain about this. Were they stupid enough to put the threat in writing?

[PGH7447]

all these fools chasing stat barred debts can mean only one thing, they are getting desperate for any type of income, the sad thing is some people will be unaware and fall for these con artists

[rockwell304]

They cannot now register a default. It is way too late. This is a threat, and is misleading, which is against OFT guidelines. You must complain about this. Were they stupid enough to put the threat in writing?

 

DB, is there a specified time in which they are allowed to register a default? eg; 12 months from the last missed payment, or something similar.

 

The reason I ask is I also have this threat.

[mylonite]

Thanks for all the very quick replies, in response to Donkey B, yes they have put it all in writing, There was a default on this account originally, but that is long gone now and the account does not even appear on my credit report currently, my worry was that they could somehow resurrect this and issue a default which would then appear.

many thanks

[dadofholly]

Thanks for all the very quick replies, in response to Donkey B, yes they have put it all in writing, There was a default on this account originally, but that is long gone now and the account does not even appear on my credit report currently, my worry was that they could somehow resurrect this and issue a default which would then appear.

many thanks

 

If it is statute barred - it is statute barred - and they can no longer enforce this debt, but they can chase you for it - but once you tell them it is statute barred they should stop. To do otherwise can be classed as harrassment, contrary to CPUTR 2008.

 

write back to them - re-sending the stat barred letter, and highlight the relevant paragraph. Also tell them you will report them to the OFT and Trading standards via consumer direct.

 

And report them.

[mylonite]

Thanks for the advice, I have requested their complaints procedure and told them that after exhausting that I will complain to OFT and trading standards. Hopefully they will get the message

cheers Guys

[harrassed senior]

DB, is there a specified time in which they are allowed to register a default? eg; 12 months from the last missed payment, or something similar.

 

The reason I ask is I also have this threat.

 

The generally accepted time frame is no more than 6 months from the cause of action, i.e. the date the account went into default, ie a payment was missed.

[Peter R]

Mackenzie Hall have had requirements imposed on them concerning their handling of debt collection, there is a downloadable document outlining how they MUST act. Bizarrely as I have not made twenty posts on this forum I am unable to post the link !!! So do a google search "mackenzie hall OFT" and you will get all the info you need there. Hope this helps.

[DonkeyB]

Here you are

 

http://www.oft.gov.uk/news-and-updates/press/2009/44-09

[rockwell304]

The generally accepted time frame is no more than 6 months from the cause of action, i.e. the date the account went into default, ie a payment was missed.

 

HS, Many thanks!

[mylonite]

Thanks Guys with your help, Rockwell have backed down and " after referring to their clients they have decided to take no further action" bless 'em, I am so grateful they have recognised their legal obligations in this matter and kind of them to frame it as if they are doing me the favour.

[cmg2000]

t_ony.............

 

I am really sorry to hijack your thread but it seems silly to start a new one!

 

I have had a debt being chased for a while, passed to a few DCAs. Now with Mackenzie Hall. I am sure this debt is statute barred, but only 99% sure.

 

Is there a way I can find out from them when the last payment was made? It must have been 6, even 7 yrs ago and was supposed to be settled by my exhusband but he says he has never made a payment. Was a credit card that he used as a 2nd card holder but in my name.

 

My other question is why has this not gone to CCJ yet? What are they waiting for?

 

Thanks for replies. I appreciate them.

[ArtisanUK]

all these fools chasing stat barred debts can mean only one thing, they are getting desperate for any type of income

Au contraire - it could mean that there just aren't enough enforcible debts left to support the growing number of these parasites.

[ArtisanUK]

I have had a debt being chased for a while, passed to a few DCAs. Now with Mackenzie Hall. I am sure this debt is statute barred, but only 99% sure.

 

Is there a way I can find out from them when the last payment was made?

Yes.

 

It must have been 6, even 7 yrs ago and was supposed to be settled by my exhusband but he says he has never made a payment. Was a credit card that he used as a 2nd card holder but in my name.

 

My other question is why has this not gone to CCJ yet? What are they waiting for?

Perhaps your ex did clear the debt but, to mess with your mind, he told you that he hadn't?