1st Credit Hounding

[DorsetRed]

Hi there,

 

Back in 2005 I got myself into a situation where I was gambling out of control and ended up taking money from my job to fund the habit.

At this time I also took a considerable bank loan, which I was offered with no problems at all.

 

About 3 months later I was arrested for taking the money and subsequently went to prison.

I stopped the repayments on the loan at the time I was arrested as I had no income coming in.

 

This account got defaulted in March 2006.

 

In October 2006 a debt collection agency wrote to me asking for payment,

at which time I explained the situation of being in prison and having no money.

I heard nothing more from anyone on the matter until last week.

 

I had a call on Thursday from 1st Credit, saying they were acting on behalf of the bank.

They asked me to confirm my identity which I refused to on the grounds that I had no idea who they were

and if they are calling me they should know my details, and I'm not about to divulge such information over the phone to a stranger.

 

At which point they said fine, they would put the details in the post to me.

This hasn't arrived yet, but I've still had calls every day since, which I've not answered as I recognise the number.

 

Now I'm assuming when this letter turns up, it's going to be asking for some or all of the money I owed at the time, around £15k.

As the default was listed in March 2006, this has now dropped completely off my credit file. My question is this:

 

Because I to whichever company wrote to me in October 2006 (not 1st credit),

and acknowledged the debt by saying I couldn't pay anything,

am I still within the 6 years for the debt being statute barred?

If this is the case, what options do I have?

 

Whilst I'm not for one second suggesting my actions as described above justify what happened,

I have spent the last 6 years rebuilding my life and not gambling, and having this come and bite me now is the last thing I need.

 

Any advice is welcome.

[havinastella]

Hi and welcome to CAG!

 

If you acknowledged on the phone you are fine. If you acknowledged in writing and they still have a copy, I'll pay it myself

 

Jogs

[citizenB]

When was the last time you made payment to the account or acknowledge liability ?

 

The 6 years starts from when a payment is due and missed + 6 years.

 

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to

.

[DorsetRed]

Thanks for the quick replies.

 

I did reply in writing, as I wrote from prison. However I replied to a totally different debt collection agency, not 1st Credit, nor the originating bank.

 

The last payment was October 2005, the account was defaulted in March 2006 and I wrote the letter saying I couldn't pay anything in October 2006.

[dx100uk]

phishing trip

ignore them

 

if its off your file

its 99% SB'ed

 

dx

[citizenB]

It looks to me as though it is now statute barred.

 

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

 

Send them the letter from the link above.

[DorsetRed]

Well the letter came, and it turns out it was relating to an overdraft that I had at the same time, not the loan.

 

It was considerably smaller than the loan, so not such a worry, but they still like phoning.

 

I had a particularly rude call today again which again I wouldn't confirm my details to, and then they said they will keep calling until I'm ready to talk to them!!

 

I am just about to send the statute barred letter to them via my accountant, but wondered what I can do to stop them calling?

 

Presumably the same situation applies even though it's an overdraft not a loan?

[havinastella]

Well the letter came, and it turns out it was relating to an overdraft that I had at the same time, not the loan. It was considerably smaller than the loan, so not such a worry, but they still like phoning. I had a particularly rude call today again which again I wouldn't confirm my details to, and then they said they will keep calling until I'm ready to talk to them!!

 

I am just about to send the statute barred letter to them via my accountant, but wondered what I can do to stop them calling?

 

Presumably the same situation applies even though it's an overdraft not a loan?

 

 

yep, exactly the same.

[Bandit127]

Tell them you are recording the calls. This usually makes them behave. Then tell them you will deal in writing only and (if you want to) hang up.

 

Send them this:

Dear

 

I am writing to express my serious concerns regarding the telephone calls that I have received from your company. These constitute harassment.

 

I am now formally requesting that all further correspondence be made in writing only.

 

Your are required, under the Data Protection Act 1998, to remove all records of telephone numbers you have for me.

 

I also demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

 

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

 

Non compliance will result in formal complaints being raised.

 

Yours faithfully,

Edited July 23, 2012 by Bandit127

[DorsetRed]

One other thing that has really bothered me,

is that they have started phoning my work number too.

Are they allowed to do that?

 

I've certainly not given it to them, nor has my wife, and it's only been my work number for 2 years

so it's definitely not on any file they would have had on me.

 

So I can only assume they have Googled it and found it that way?

 

Seems very invasive!?

[dx100uk]

they are NOT allowed to phone your works

 

complain to everyone

 

OFT/CAB/MP/FSA

 

etc etc

 

dx

[citizenB]

So they have not been advised that you work for this employer ? In which case it does seem very odd that they have obtained the number. Nope, they are not to bother you at work.