Help with old debt please

[Pug957]

I have recently recieved a phone call off 1st Credit asking for payment on an old debt. This debt originates from a pretty dark period in my life and I made some wrong choices on how to deal with things and did what a lot of young naive people seem to do and buried my head in the sand. Not proud of this but what's done is done.

 

Anyway, as mentioned a little over a week ago I get a call out of the blue stating I owe over £12000. I instantly stated I have no knowledge of this debt and asked for proof of debt which they still have not supplied. About a week later I get another call asking for their money but I state I hadn't recieved the proof of debt and refuse to talk anymore about a debt, never mind pay, I have no knowledge about. Both phone conversations they threaten me with court action, bailiffs and to pass my details onto LCS Solicitors for legal action.

 

I have whilst all this has been happening looked into my credit reports from both Experian and Equifax and this debt doesn't appear on either of these reports which to me suggests if it is mine then the default date is over 6 years ago.

 

I have also gone through my bank statements for my bank account which go back to Apr 2005. I can only find 2 payments to possible debt companies in that entire period. Both are within 6 years but neither are to this company.

 

Was wondering if anyone had any advice on how to procede? I'm fairly certain this is over 6 years old and statute barred but they're just swinging the lead. Would it be an idea to send a letter suggesting it is SB and for them to prove it isn't or will they just give up? If it is SB can they still take it to CCJ or anything like that?

 

Thanks in advance.

 

Pug

[BRIGADIER2JCS]

Hi, you MUST request proof in writing

do not ever discuss anything on the phone.

1. you need to get the credit agreement

by doing a CCA request to 1st Credit this

costs a statutory fee of £1.00 there is a

template letter in the CAG library.

Do they say who the original creditor is???

It may well stat barred but you need to be sure

do the CCA request, if you don't know who

the original creditor is this will showit

[BRIGADIER2JCS]

Hi, you MUST request proof in writing

do not ever discuss anything on the phone.

1. you need to get the credit agreement

by doing a CCA request to 1st Credit this

costs a statutory fee of £1.00 there is a

template letter in the CAG library.

Do they say who the original creditor is???

It may well stat barred but you need to be sure

do the CCA request, if you don't know who

the original creditor is this will showit

[Pug957]

Wow, fast response, will get that done first thing tomorrow.

 

Just to clear something up, if the debt is SB there's no way they can follow through on the threats of legal action is there?

[BRIGADIER2JCS]

Although a debt is stat barred it does still exist,

but cannot be enforced in court, after the six year

clear of payment or acknowledgement of the debt,

THE DEBTOR MUST INFORM THE CREDITOR/DCA

THAT THE DEBT IS STAT BARRED AND THEY WILL

NOT PAY, until this is done all collection short of court

action can continue.

Brig.

[BRIGADIER2JCS]

Although a debt is stat barred it does still exist,

but cannot be enforced in court, after the six year

clear of payment or acknowledgement of the debt,

THE DEBTOR MUST INFORM THE CREDITOR/DCA

THAT THE DEBT IS STAT BARRED AND THEY WILL

NOT PAY, until this is done all collection short of court

action can continue.

Brig.

[havinastella]

I'm a bit confused as to why you suggest they need a copy of the credit agreement Brig?

 

JOgs

[Pug957]

Trying to find the letter now.

 

Sorry, I'm new to all this and must admit they have got me worried a bit so just after peace of mind so apologise for my questions.

 

If no court action can be taken all they can do is call me and send threatening letters then?

 

Can only thank you so much for all your help on this matter.

[BRIGADIER2JCS]

It's 1st crud, at the moment I am seeing many

very precipitate actions from them from a couple

of letters to litigation within less than a month,we

are not so far told who the OC is, and a CCA request

will allow a little time to verify the statute barred date.

Brig.

[Pug957]

Should have said who the OC is, sorry. I've been told that it is LTSB Credit Card which I'm pretty certain I have not used in over 6 years as I stopped using it long before I opened my "new" account in June 2005. The fact it's not on my credit file suggests it defaulted over 6 years ago as I couldn't keep up with payments.

 

Anyways, the CCA request is it the letter N from this link? /forum/showthread.php?20758-Creditors-and-DCAs-Letter-Templates-amp-Budget-Planner&p=162367&viewfull=1#post162367

[BRIGADIER2JCS]

It starts I don't acknowledge any debt.

CCA request

[ims21]

Hi

 

CCA Request here

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Make sure you head it (as Brig says) "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY OTHER COMPANY THAT YOU CLAIM TO REPRESENT"

 

ims

[BRIGADIER2JCS]

One day I'll get BL**DY links to work for me:-x:madgrin:

[ims21]

Thats the prob with steam powered PCs

 

ims

[BRIGADIER2JCS]

Cheeky it's a nat gas laptop:madgrin:

[ims21]

Cheeky it's a nat gas laptop:madgrin:

 

[Pug957]

Thanks for the link, missed that one. Letter is done and ready to go tomorrow. Will keep you all informed how it goes.

[Pug957]

I'm getting emails off them now saying I haven't replied to a letter they sent that I never received. I take it not talking by phone email etc is a good idea and to stick with royal mail would be the best course of action?

[BRIGADIER2JCS]

E-mail fine for most things,

keep a printout copy in case

of problems so you have a paper

trail of what you have sent, and

do the same if they reply by e-mail.

[Pug957]

Is it worth addind the "I do not acknowledge" line to any emails or wouldnt they be able to use them against me?

[intend]

Yes - head up as correspondance with that opening

[BRIGADIER2JCS]

Yes good idea, never hurts to

keep them ''informed''

[Pug957]

Excellent. Gonna keep quiet on them for now anyway as the CCA letter is on it's way. Looking around it seems like it's normal to have to wait up to 3 weeks to hear back from these guys, so any tips on what to look at doing next? SAR to Lloyds TSB maybe?

[BRIGADIER2JCS]

CCA request, 12+2 days to comply

if not send account in dispute letter.

Indeed the SAR to Lloyds will give

you all the data.

[Pug957]

I read that takes 40 days or so to complete, is it worth starting it earlier or later?

 

Again thanks for the help, you're all making the process easier on my nerves lol

 

So complicated when you know nothing about this minefield of a subject.