Irish Credit card debt from 2004

[cerberusalert]

Ok do you know where I can find a statue barred default email for Ireland?

Just send the one in post #6

Also I ask again how can I tell if definitely statute barred? Would my credit file tell me if I got it ?

Your credit file from the ROI won't tell you as it will have dropped off by now & it certainly won't be on your UK one.

Lastly what would you expect the agencies response to be ? Are they legally obliged to prove its not statute barred ?

The onus is on them to prove that it is not SB.

They say they have not

Bought the debt but work for the bank - is this a lie ?

Most probably.

Remember I said I may have emailed the bank about this in 2008]

Doesn't matter, it's unsigned + an email can come from anyone even if they have a record/kept it.

[ddoc2]

Just send the one in post #6

Your credit file from the ROI won't tell you as it will have dropped off by now & it certainly won't be on your UK one.

The onus is on them to prove that it is not SB.

 

Most probably.

 

Doesn't matter, it's unsigned + an email can come from anyone even if they have a record/kept it.

 

Good and clear thanks

 

Lastly thinking long term here say I

Go

Back in ten years

 

Will it look better on my report if I settled or if

It went statute barred, or best of all would nothing at all be visible after ten years

[cerberusalert]

If you go back in ten years nothing will happen, nothing will be on your report. Once a debt becomes SB that's the end of it, neither a creditor nor a debt collector can do anything whatsoever about it.

[dx100uk]

:thumb:

 

dx

[ddoc2]

If you go back in ten years nothing will happen, nothing will be on your report. Once a debt becomes SB that's the end of it, neither a creditor nor a debt collector can do anything whatsoever about it.

 

One thing all my correspondence thus far has been by email should I send the statute barred on an actual paper letter ?

[cerberusalert]

Don't waste the postage, just send it by email.

[dx100uk]

have they proved to you its NOT SB'ed

 

its for them to prove this

not you to prove its not.

 

i sometimes erm.. on the 'keep on writing' scenario.

 

it just dangles a carrot a mug awaits fleecing.

 

dx

[ddoc2]

One thing all my correspondence thus far has been by email should I send the statute barred on an actual paper letter ?

 

Me again

 

Before coming on here I emailed a free advise company in Ireland called Mabs - they have just replied ad advised that in regard to statute barred the contract with the bank could have wording to the effect that should

I move home I needed I have advised the bank of this and

If

I didn't that could

Negate the statute barred

 

lost agh

[ddoc2]

Don't waste the postage, just send it by email.

 

Ok last thing (I think)

 

While

I am

Waiting for them

To

Prove this statute barred can and will they add interest ?

Big worry for me is the debt

May go up !

 

I am

Listening to you guys by the way I want to

Send the

Statute barred email but don't want them

To come back saying I owe more !!!!!

[cerberusalert]

Me again

 

Before coming on here I emailed a free advise company in Ireland called Mabs - they have just replied ad advised that in regard to statute barred the contract with the bank could have wording to the effect that should

I move home I needed I have advised the bank of this and

If

I didn't that could

Negate the statute barred

 

lost agh

 

Are you aware of how much mail is lost in the post?

[cerberusalert]

They can't add anything on a SB debt. Even if they said it wasn't SB they still have to prove it.

[ddoc2]

They can't add anything on a SB debt. Even if they said it wasn't SB they still have to prove it.

 

And say they did prove it wasn't statute barred and lets be honest that's unlikely , could they add interest die the time it took for them to prove it ?

[ddoc2]

Are you aware of how much mail is lost in the post?

 

Your point being

[dx100uk]

Me again

 

Before coming on here I emailed a free advise company in Ireland called Mabs - they have just replied ad advised that in regard to statute barred the contract with the bank could have wording to the effect that should

I move home I needed I have advised the bank of this and

If

I didn't that could

Negate the statute barred

 

lost agh

 

total borricks

 

nothing can unbar a debt

not even a judge

 

dx

[cerberusalert]

And say they did prove it wasn't statute barred and lets be honest that's unlikely , could they add interest die the time it took for them to prove it ?

 

They cannot add interest unless it is expressly stated in the terms and conditions of your original agreement.... which is very rare.

 

Your point being

There is no legal obligation on someone to notify a creditor of their whereabouts & even if there was and you did any notification by post could easily have been 'lost' in the post.

[ddoc2]

Hi guys

 

Quick update - I have requested the original contract between myself and bank , the last correspondence between myself and bank and the date te debt was incurred.

 

I got an email back straight away advising the info has been requested and my account has been PUT ON HOLD until the data is furnished to me

 

Is this a good thing ? What does on hold mean ? Legally ? Does this void the original per cent age offer I made and can they maybe add interest in the meantime ?

 

I

Think is a good thing but would greatly appreciate some urgent advice

[cerberusalert]

It's a bog-standard reply. It means they will not pursue until they have provided the information you've requested.

[ddoc2]

I cannot work out IfI am in a better place !

[cerberusalert]

The debt is nine years old therefore Statute Barred. They cannot take any enforcement, add interest or mark your credit file. If you do not feel inclined to pay it there is absolutely nothing that they or anyone else can do about it.

 

They offered you the discount because they are clutching at straws and hoping to at least get some money off you. You do not have to pay them a cent.

[ddoc2]

The debt is nine years old therefore Statute Barred. They cannot take any enforcement, add interest or mark your credit file. If you do not feel inclined to pay it there is absolutely nothing that they or anyone else can do about it.

 

They offered you the discount because they are clutching at straws and hoping to at least get some money off you. You do not have to pay them a cent.

 

Ok this company has now come back to me , exactly 6 months later , and provided a copy of my balance , with no signature , and no proof of any correspondence between me and the bank in the last 8 years (which I asked for)

 

The letter again was sent to my mothers house so I haven't actually seen it yet , seems to me that they have just waited 6 months and sent off another standard draft hoping I will bite. I know this cause I had contact with them via email so if they were really following up properly they would have emailed me aswell

 

I am torn between ignoring it, or offering a measley amount to make them disappear hard as I haven't seen the letter yet

 

Opinions?

[cerberusalert]

If it's Statute Barred you don't have to pay them anything, they certainly cannot take any enforcement action.

[ddoc2]

If it's Statute Barred you don't have to pay them anything, they certainly cannot take any enforcement action.

 

Do I need to tell them I believe it's statute barred? Or just ignore them ?

[cerberusalert]

Yes you need to tell them it's SB. Even tho' they are trying to collect a debt covered by the laws of the ROI they still have to abide by the OFT's guidelines which means once you've stated a debt is SB they must cease all collection activities until such time that they can prove the debt is not SB.

[ddoc2]

Yes you need to tell them it's SB. Even tho' they are trying to collect a debt covered by the laws of the ROI they still have to abide by the OFT's guidelines which means once you've stated a debt is SB they must cease all collection activities until such time that they can prove the debt is not SB.

 

Is there some sort of default letter ? Or shall I simply state it in non legal straight talk

[dx100uk]

sb letter in the green library tab top left

 

then dca section on the right

 

dx