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Is there a way to ascertain from a DCA if a debt is statute barred?


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Hi

 

Many years ago I had a credit card, I defaulted and was chased around a bit by the original lender. One day I called the original lender, whoever I got through to had either just been fired or was having a 'be honest it'll be good for the karma' day. They told me the lender had lost my original credit agreement, no record of it existed and I could stop making payments. Yes, I did fall off my chair!

 

Over the years I've had a few DCA's contact me trying to chase up this debt and I've always ignored them or challenged them to prove the debt exists, the usual suspects, Wescot, Equidebt. Now it's been a very long time since I paid anything or acknowledged the debt in writing, probably around six years, but I don't know the exact date. Recently the pressure has been cranked up, more letters, a batch 'unrecorded' searches on my credit file.

 

Then today I got a letter from yet another DCA, a sub division of Equidebt, threatening not legal action but to "begin a search into your (my) background and build an accurate profile of your finances ad pursue the best form of recovery action". I've no idea what that means, it could just be waffle.

 

I could do nothing - has worked so far - or I could write and tell them the debt is statute barred and suggest they take a long walk off a short pier. However if I'm wrong and the six years isn't quite up could my letter be seen as an acknowledgement of the debt?

 

Is there a way of finding out if my debt is now statute barred?

 

Or should I simply write a 'prove it' letter? ie acknowledging no debt and challenging them to come up with a copy of the original agreement? Doubtless they could cobble together a 'reconstituted' agreement but that's a different story.

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As Havinastella has mentioned just send the SB letter. The great thing about doing that is that the burden of proof is placed upon the DCA. It's their job to prove that the debt ISN'T statute barred rather than for you to prove that it is.

 

Send it via recorded delivery :)

 

Seq.

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Depending on who the DCA is, you might find you paid a pound off the balance about a year ago :)

 

 

But that would be fraud, would it not?

 

However, what chance of PC Plod taking an interest, not as sexy as chasing a speeding motorist or eating coffee and do-nuts waiting for refs.

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There are a lot of threads on here about people who have SB debts only to be told they paid a pound off the account a year or so ago. Fraud, yes of course, but DCAs have no regard for the law or regulations because they know that no one will take any action against them and it's millions to one they will lose their license.

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But that would be fraud, would it not?

 

OHHH!! I'm shocked!!! :jaw:

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:madgrin:

 

 

ignore them.

 

don't play letter tennis

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There are a lot of threads on here about people who have SB debts only to be told they paid a pound off the account a year or so ago. Fraud, yes of course, but DCAs have no regard for the law or regulations because they know that no one will take any action against them and it's millions to one they will lose their license.

 

So we just live with it and let the bottom feeding **** get away with it, now that is justice!

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So we just live with it and let the bottom feeding **** get away with it, now that is justice!

 

Your welcome to take them to court, with experience of reading and advising debtors on here, this is the norm for DCA's, which is why they are laughed at and ignored, we all know they are powerless, it's just a shame that they think they are doing a Stirling worthwhile job, let them have their bit of fun.

 

BB :wave: to DMD..

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So we just live with it and let the bottom feeding **** get away with it, now that is justice!

 

No, we educate ourselves to rise above their level, and beat them at every turn with the law... ;-)

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When Equinedebt fail to collect on the first attack, they retreat for some weeks, then trot out again on orange paper under the name Credit Ancillary Services, producing nonsense such as what you posted regarding inspecting your life in detail. Even if your debt were not statute barred, the only sensible option would be to ignore. CAS generally send only a couple of letters. Think of them as the notes of a dying swan.

 

But without the past grace.

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BB :wave: to DMD..

 

They've let me out for the night! :-D

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

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Not particular;arly pleased with the responses re fraud

Do I need to remind everyone of Edmund Burke's words

 

"All that is necessary for the triumph of evil is that good men do nothing. "

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Sounds like a standard threatogram.

 

Then today I got a letter from yet another DCA, a sub division of Equidebt, threatening not legal action but to "begin a search into your (my) background and build an accurate profile of your finances ad pursue the best form of recovery action". I've no idea what that means, it could just be waffle.

 

Personally, I'd hit them back with the same kind of threat, do a bit of research into this company, they appear to deal specifically with Stat barred debts and other consumers are reporting them to Trading Standards.

 

Debs

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So we just live with it and let the bottom feeding **** get away with it, now that is justice!

 

No, you dont have to live with it or let them get away with it.

 

As sequenci has already advised - send the statute barred letter - link below.

 

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

 

If they say there was an amount paid slap bang in the middle of the SB period, then all you need to do is challenge them for the proof... Method of payment.. date of payment.. etc, etc.

 

It sounds really grand that they are "doing research" into your financial history doesnt it? It is a crock of BS - they already have access to your credit file - they will be able to access Land registry to see if you own property.. as could I if I knew your name !!

 

What they are doing is strictly in breach of OFT guidelines.. So once you have sent the SB letter, make a complaint to the Office of Fair Trading.

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AS said, the £1 payment would be fraud, but the DCA simply claims it is an "admin error", and without access to the companies records ( SAR wont count), it is pretty much impossible to prove otherwise.

 

The only thing we can do is complain complain complain. If enough people make a noise and complain about it, the higher the chance that this practice will be investigated.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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they appear to deal specifically with Stat barred debts

 

Debs

 

Untrue: they deal as DCA with all stages of debt recovery and also purchase debts.

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Untrue: they deal as DCA with all stages of debt recovery and also purchase debts.

 

Spoken like a true DCA...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for the replies.

 

To be honest the content of the 'threatening ' letter is risible, looking into my personal finances simply means accessing my credit file (as someone above said), an unrecorded entry which is only visible to me. The other 'threats' are laughable, "we will send a field agent to discuss reasons for non payment", please do tell me when he's coming - I'll have tea and biscuits ready. Nowhere is the threat of legal action mentioned, I assume because they know the debt is SB.

 

Although I'm tempted to send a SB letter I'm going to leave it, only because I know from bitter experience how time consuming these things are if you get drawn in. If they raise the possibility of legal action I'll jump on them but otherwise life is too short.

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While you may be tempted to leave it, i would say send the SB letter and nip it in the bud fast. This saves you a lot of hassle with letters/phonecalls and if they are stupid enough, CCJ action. They would even sell it to a lower form of DCA and the harassment would start all over.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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even if you send the SB letter

 

there is nothing to prevent them selling it on

 

no dca sells on a debt with bad news attached, else the buyer would drop it.

 

as its Equinedebt, in this instance I would ignore the chasers

other dca's p'haps send it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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