Irish Credit card debt from 2004

[ddoc2]

Sorry I am bit confused , I don't see DCA under the library tab? Can you post

Ink ?

 

Sorry again.

[cerberusalert]

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

[ddoc2]

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

 

Thanks

 

Ok one last question , would it not be beneficial to me to get my free irish credit report online ? There is a website which provides within 5 days.

 

WON'T THIS CONFIRM STATUTE BARRED? Or is there any risk involved. I will use my old Irish address.

 

I am certain statute barred but if I actually get the report any mention of this will be deleted correct

[cerberusalert]

Yes it wouldn't do any harm to get your RoI credit report, although it shouldn't be showing.

[ddoc2]

Ok so got my report and it clearly states 'NO Data' I.e. no debt exists under my name in Ireland. GOing to send SB letter now, see what happens.

[cerberusalert]

It's up tho them to prove otherwise.

[ddoc2]

Quick one , the SB letter refers to English law does anyone have the right names/links for the equivalent irish legislation ? I can't really refer to uk legislation for an Irish debt

 

Can I just take the specifics out of it and say basically 'alleged debt not proven and I have asked for last correspondence of alleged debt which has not been provided, please stop hassling me'

[cerberusalert]

For the RoI The Statute of Limitations, 1957 and the Statute of Limitations (Amendment) Act, 1991 imposes a limit on the right of action so that after a prescribed period of six years any action will be time barred.

[ddoc2]

For the RoI The Statute of Limitations, 1957 and the Statute of Limitations (Amendment) Act, 1991 imposes a limit on the right of action so that after a prescribed period of six years any action will be time barred.

 

Ok so the sb letter has resulted in this

 

Because I offered to settle earlier in the year that is being taken as proof of acknowledgment of debt , which to

Me

It's not as

I also asked for proof of the debt at the same time ? How can I have acknowledged a debt before the proof was

Provided? Legally am I in a bad place ?

 

One

More thing , if I cave , this cannot be

Entered now on my file can

It ? As I said before my file is now clean , they are now 'proceeding' is this a bluff ?

[dx100uk]

how did you offer the settlement?

 

dx

[cerberusalert]

If there is any clear period of six years it is SB & admitting to the debt after that does not unbar it.

[ddoc2]

If there is any clear period of six years it is SB & admitting to the debt after that does not unbar it.

 

I sent an email offering to pay x amount but only if they provided proof of debt , they have since sent two documents one is a statement of account (with no signature but it has name , address , acc nunber etc) the other is dated 2003 and shows amount allegedly owed my name etc this doc looks weird dont know what this is, I would really love show it you but that's hard

 

I have now asked in three seperate emails for last correspondence and its been ignored , they are saying the offer constitutes admission I don't think it does , this was before I got clued up

 

Everything is via email Where do I stand now ?

[ddoc2]

If there is any clear period of six years it is SB & admitting to the debt after that does not unbar it.

 

Should I state this or call their bluff ? A big concern is if I ever go back I don't want this still on record , you have reassured me it won't be my file is currently blank

[cerberusalert]

As I said, if there is any clear period of six years where you didn't make a payment or written admission then it is SB. It doesn't matter what happened after six years have elapsed it will still remain SB.

[cerberusalert]

Six years after a debt is registered as in default on your credit file it automatically drops off & cannot be re-entered.

 

They are trying it on & personally I would either ignore them or if you prefer email them again reiterating that there was a period of six years where the alleged debt was not acknowledged nor payment made & as such it became SB. It is totally irrelevant whether any perceived admission of the a/c was made after that time as it does not unbar the debt. Remind them that if they continue to pursue you will make a complaint to their local Trading Standards & the OFT.

[ddoc2]

As I said, if there is any clear period of six years where you didn't make a payment or written admission then it is SB. It doesn't matter what happened after six years have elapsed it will still remain SB.

 

Going on a tangent here but just for my info , when someone does default and say eventually pays , does that disappear after 6 years.

[cerberusalert]

Yes.

[ddoc2]

Yes.

 

Good to know

[ddoc2]

Again curious , say I wait it out and they feel they have a legal case what should their next step be ? And when is it too late to make an offer ? I am nit going to do this and am convinced it's barred but would be good to know anyway just in case

 

Six years after a debt is registered as in default on your credit file it automatically drops off & cannot be re-entered.

 

They are trying it on & personally I would either ignore them or if you prefer email them again reiterating that there was a period of six years where the alleged debt was not acknowledged nor payment made & as such it became SB. It is totally irrelevant whether any perceived admission of the a/c was made after that time as it does not unbar the debt. Remind them that if they continue to pursue you will make a complaint to their local Trading Standards & the OFT.

[ddoc2]

Six years after a debt is registered as in default on your credit file it automatically drops off & cannot be re-entered.

 

They are trying it on & personally I would either ignore them or if you prefer email them again reiterating that there was a period of six years where the alleged debt was not acknowledged nor payment made & as such it became SB. It is totally irrelevant whether any perceived admission of the a/c was made after that time as it does not unbar the debt. Remind them that if they continue to pursue you will make a complaint to their local Trading Standards & the OFT.

 

Get it thanks

[cerberusalert]

Again curious , say I wait it out and they feel they have a legal case what should their next step be ? And when is it too late to make an offer ? I am nit going to do this and am convinced it's barred but would be good to know anyway just in case

 

Being SB is an absolute defence in any case they may bring although it is highly unlikely that they will.... unless of course they are terminally stupid.

 

If they did pursue you would receive court documents asking how you pleaded & whether you wanted the hearing to be at your local court. If you got these papers you could then invoke the civil procedure rules (CPR) which means they would have to provide you with the evidence they intended to rely on in court.

[cerberusalert]

If they send you another letter threatening court action you can pre-empt them by invoking certain sections of the CPR before you even get any court papers, but we'll hold back on that until if & when.

[ddoc2]

If they send you another letter threatening court action you can pre-empt them by invoking certain sections of the CPR before you even get any court papers, but we'll hold back on that until if & when.

 

Get it thanks