RBS debt - now Equidebt

[rightfullymine]

I was sent a letter asking for money i owed from a company i had never heard of 'Weightmans LLP'

I replied to it as it is suggested in these pages requesting proof of contract etc letter was dated 4 feb 2011.. i have just recieved a photocopy of and old agreement i had with RBS, from Equidebt, its now september well past the 12 days, how do i stand with this ? what do i do?

Thanks for any help:

[BRIGADIER2JCS]

Ok, Do you know of a debt to RBS??

Your request has been met with a copy

agreement ,Is it your debt?

Without full information no one can advise

fully.

[rightfullymine]

Yes its an old debt dated Jan 2001, i dont remember doing it but it is my writing and signature,

the letter apolagises for delay but now a copy has been sent, gives me 14 days to contact them before the continue proceedings..

 

Any Advice welcome

[maroondevo52]

Thread moved to Debt Collectors Forum.

[BRIGADIER2JCS]

Hi, check your credit ref files see

if is still there if not you need to

check with RBS for when the last

payment or acknowledgment was

made.

The debet may be timed barred.

[rightfullymine]

Thank You for your reply BRIGADIER2JCS

I am new to this, so could you please explain how to check to see if time barred

 

Or anyone that can advise me

 

Thank You

[BRIGADIER2JCS]

Hi, The Limitations Act 1980 says that

court enforcement cannot take place

if 6 clear years with no payment or

written acknowledgment of a debt

has been made, the OFT says that

it considers it unfair to pursue a debt

after 6 years once the debtor has

informed the creditor the debt is stat

barred and they wont be paying.

So you need to know when the last

activity on the account was.

Credit files Experian or Equifax would

show details if six years has passed then

the debt will have fallen the files.

So you will need to phone the creditor not

the debt collector and get the information

from them.

[cups]

Hi

 

If you discover that the debt is statute barred then complain to the Solicitors Regulatory Authority about Weightmans. They continually write to people and threaten them when they have never checked the facts. Equidebt are using them to try and scare people into paying up on unenforceable debts.

 

Cups

[BRIGADIER2JCS]

The company has not done anything

to complain about here.

It is legitimate to chase a debt after

it is stat barred, only it cannot be enforced

in court, the debit still exists.

The OFT Guidance 2003 states that the OFT

considers it is unfair to pursue an SB debt

once the DEBTOR has notified the CREDITOR

that the DEBT is SB and that the debtor will

not be making any payment or in the future.

[cups]

Yes l agree, but having dealt with them twice before they will continue until you go elsewhere,

 

Just from my experience of them.

 

Cups

[rightfullymine]

Thank You