Overwhelmed with information: pls help us see the wood for the trees.

[hammermanuk]

Hey there all, quick thanks to start with, this site offers a tonne of hope in what has become a rather perilous dark tunnel over time, I've been perusing the forums for the last few hours, and whilst gaining confidence, I am still sat here wondering what to do next.

 

At a previous adress, my wife and I due to some CSA issues got into financial difficulties, we were left owing a sum of around £600 split between a couple of companies, we moved house (according to the adress link our bank provides on equifax) in sept 03, the first company has certainly received no correspondance or payment from ourselves since then, which if I understand correctly means this is now statute barred, can anyone quickly confirm this is the case as I have recently received a letter from a DCA with reference to this company despite hearing nothing in the last few years from anyone.

 

The second company have apparently sold the debt on to a DCA, who have sent their first correspondance to us today stating they are making arrangements for a doorstep visit and that I must make immediate contact with them, I have tried talking to these type of people before and just end up getting wound up (probably due to ignorance on my behalf), this debt we believe has received no payment or correspondance from ourselves since Apr 2005, which if correct would also make it statute barred I believe.

 

However, having viewed our credit reports on experian today, the default dates on there for both of these are listed as 2007 which I know not to be truly reflective of last activity from us on either account. Any ideas on where to go from here, which letter to send, and what to do if they do turn up on the door would be gratefully received.

 

Thanks in advance for bearing with the wall of text, and apologies if these points are covered elsewhere, just a bit rabbit in the headlights at the moment.

[BRIGADIER2JCS]

Hi and welcome,

A couple of questions what is the date of the last payment made on the account and or

the last time you made any acknowledgement of the debt.

With the doorstep collection threat they very rarely show up if they just tell them you will respond

in writing and so must they then tell them to go forth and multiply!!

Please give us more info on who is chasing you and I am sure there will be more advice.

[Tootles1971]

From my understanding, if you have not acknowledged the debt or made payments to it for 6 years (5 in Scotland) then it is statute barred, and I don't think the date the default is put on the account is relevant to that, although I could be wrong (still a newbie here too, although as you say we learn quickly from the knowledgeable people here!)

 

Other people will be able to give better advice than me, but for starters, don't try to phone them. They will tie you up in knots and they just want money from you. The best advice I can give you is to remember that whatever they threaten you with, they actually can't do anything without taking it to court. They will need to prove they actually own the debt, and you should have received a Notice of Assignment (NOA) to inform you the debt had been sold.

 

P.S posts crossed!

Edited May 19, 2011 by Tootles1971
explaining posts crossed!

[BRIGADIER2JCS]

Some time credit file entries don't shoe the date of the last payment the default date

can be used to calculate roughly the last payment date as long as you have not acknowledged the debt in that

time frame then it will be stat barred

[hammermanuk]

Thanks for the quick replies:

 

Brigadier2JCS - apologies but without taking time at the moment to acquire old bank records or the like I'm not sure on actual payment dates, the last activity on the first debt was definitely prior to Sept 03 as we have heard nothing since we moved, so in fairness not really gone out of our way to find the relevant DCA to contact ourselves. With reference to the second one, there has certainly been no activity in the form of payment or written acknowledgement since Jun 05, the debt appeared due to a conflict with neighbours who fraudulently attained goods from a mail order company, my wife decided to help a neighbour out at the time with their catalogue as the neighbour was unable to get the catalogue for themselves, all this took place while I was away on a training course for work, which lasted 8 weeks and started in Apr 05, again I would need access to old bank records to get an exact date which I have not been able to lay my hands on yet.

 

The two companies concerned are HL Legal Solicitors which has at some point in time been procured from Littlewoods who have sent the letter we have received today threatening doorstep visit etc, they also mention Capquest as the point where all communication should be sent, and Scotcall as the company they use for doorstep visit (very confusing), the first one is a letter from Scotcall who have procured the debt at some point in time from Avon and are also threatening doorstep visits if they dont get paid etc.

[Bazooka Boo]

Print this off and keep it by the front door, just in case someone is foolish enough to think they have a right to be on your property demanding money or answers!

If you do receive a doorstep visit we give these suggestions to Members.

 

Give them the template letter linked below through the letterbox or chained door.

 

http://www.consumeractiongroup.co.uk...DOORSTEP-VISIT

 

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

 

With regards to your CRF's and the inaccurate data on them, you should raise the issue with whichever credit agency (CRA) has placed this incorrect data on there. Do this by way of a formal complaint, and demand they remove this information immediately or you will seek legal advice with a view to taking legal action against them and suing them for damages, which starts at a tidy £1,000 per incorrect entry!

 

Ignore the DCA's for the minute, if they ring just hang up, if they persist in harassing you, tell them "Everything in writing only" hang up and keep a diary of their phone calls and report them to the Police for the criminal offence of harassment.

 

Get onto the CRA's first off and tell them to correct your CRF, the DCA's will send you more deforestation demanding payment, then you can send them the SB letter, but you MUST be 100% that these alleged debts ARE time barred.

 

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

[dx100uk]

pers i'd not bother doing anything

 

if the OC's want ed their money..why wait almost 6yrs.

 

snotscrawl have not legal powers anyhow .

 

as for the markers.

 

it 's 'cause of action' but if they've taken 2yrs to default, that is strange too.

 

pers i'd let them play their cards before you play yours.

 

dx

[Tootles1971]

oh not CapQuest......we've had recent dealings with them.

The three you mention are all the same company in essence. CapQuest are the debt recovery arm, H L Legal are the solicitors and their Field Agents are ScotCall Limited.

 

If the last payment was June 2005, you are pretty much statute barred on that one too. Don't try 'phoning them. I can't tell you what I think about them because it would be censored out!

 

Not sure which is the best letter to send, but if anyone turns up at the house there is nothing they can do. They are not bailiffs, and have no authority. Tell them to leave, and if they won't then call your local police.

[BRIGADIER2JCS]

AS you seem sure that they are stat barred just write to both companies an tell the simply

that the debts are statute barred and you will not be paying.

The Office of Fair Trading guidance in section 2.13 b that itb is unfair to pursue the debt if

the debtor has heared from the creditor nothing from the creditor in the limitation period

and also it is unfair to press for payment when the debtor has stated they will not be paying

because the debt is stat barred this could amount to harassment contrary to section 40(1)

of the Administration of Justice ACT 1970.

[Crocdoc]

I agree , fire in the Statute Barred and let them play their cards.

[hammermanuk]

Thanks again for the quick responses and advice.

 

I think perhaps with the benefit of a further set of eyes to look it over that might be my choice of course of action too, the 1st I am 100% and beyond certain where I stand on, was just unsure where the default date on the CRA may have appeared from, the second one in your opinion would it be worth requesting a copy of the agreement and statement of the account from them, to allow time for us to get hold of our bank records and check exactly where we stand time wise? would hate to get caught out by the 1% of uncertainty I have remaining.

[harrassed senior]

Personally I would hold off on doing anything at present. If I understand correctly, the first debt is not being persued anyway? You mention a catalogue and Avon, is this one and the same, and who is chasing this? You need to be sure that both are statute barred before tackling their defaults on your credit files. You will need to know who placed the defaults, and whether there were previous defaults which have since 'fallen off' which were placed by the OCs. You can only ever be defaulted once for each account and this looks as though the DCA have placed their own defaults. Defaults are normally placed by the OC within 6 months of the 'cause of action' (non-payment). 2007 is far too late for these to be 'genuine'

[hammermanuk]

Thankyou senior, confusing everyone else as well now, I will try and clarify a little of what has gone before

 

Account No 1 - an old debt with Avon, taken on by Scotcall now apparently, which is without any doubt beyond the 6 years since there has been any activity or payment on the account from ourselves. We received a letter from Scotcall a couple of weeks ago stating that doorstep visits etc were impending unless we paid in full. This came after having heard nothing from anybody in years, we have not yet acted on that letter. I have pretty much gotten to the stage of knowing exactly where I stand on this, and preparing a copy of the statute barred letter in the letter templates section to try and remedy this account.

 

Account No 2 - an old debt with Littlewoods Catalogue, acquired after my wife tried being helpful to a neighbour a number of years ago, we are 99% sure this is now statute barred also, but without getting hold of old bank records I am currently unable to get to 100% definite on this point. This we have received a letter about today from HL Solicitors, again offering to come and pay a doorstep visit to effectively make an inventory of my possesions (my house must look really nice on google earth or something ).

 

I am assuming that once the Avon one is found to be statute barred, I then have the right to have that removed from the CRF once I have gotten the default date rectified and looked into how the date given has been put on there (the history of said default on the CRF), not that we have any wish to obtain credit etc in the forseeable future.

 

Hopefully this clears up some of it, sorry was a bit lost in stuff myself earlier at the time of my original post.

[BRIGADIER2JCS]

account 2 appear on your credit report and show the date of the last missed payment to the original creditor?>

[hammermanuk]

Yes, they both appear on the credit report, but the only dates I can see on there is the default date, which strangely for both is listed as being in 2007, both of which are wholly inaccurate as the true default date, unless someone else paid it on our behalf I guess.................

[Bazooka Boo]

The defaults on your CRF MUST be done in a timely manner, and in any case within six months from the date of default, cause of action, so in layman's terms the day after the date on which you have failed to pay the agreed sum owed.

[hammermanuk]

 

With regards to your CRF's and the inaccurate data on them, you should raise the issue with whichever credit agency (CRA) has placed this incorrect data on there. Do this by way of a formal complaint, and demand they remove this information immediately or you will seek legal advice with a view to taking legal action against them and suing them for damages, which starts at a tidy £1,000 per incorrect entry!

Get onto the CRA's first off and tell them to correct your CRF, the DCA's will send you more deforestation demanding payment, then you can send them the SB letter, but you MUST be 100% that these alleged debts ARE time barred.

 

Sorry, been out of town for a few days, thanks again all for the input, Bazooka Boo, my apologies but I am a little confused, by CRA does that mean Equifax where this data is held, or the company listed therein who have placed the default notice?

[BRIGADIER2JCS]

Hi, Yes raise a complaint with the credit reference agency, they should then contact the creditor to check if the data is correct,

the usual answer is the creditor confirms the data held is correct, then you will need to complain to the creditor,please be

aware this process may be slow you have to be firm and don' t give in.

If you don't get the result you want then complain to the Information Commissioners Office.