Lewis Debt Recovery and Statute Barred Debt?

[MGBDriver]

Dear Forum,

 

I've posted on CAG before but not on this sub forum before. I need a little guidance if you can help please?

 

I've today received a 2nd love letter / final demand from Lewis DR, acting on behalf of their client CL Finance, dated 5 days ago and demanding payment of a 10k+ debt in the next 30 minutes, well 3 days.. (Received a first phishing letter a week ago that went in the bin like the one today). The usual threats of door step agents blah blah..

 

The debt relates to a credit card that I had from student days, 30 odd years ago, debts run up mostly about 8 or 9 years ago. I remember getting a default notice at the time and then letters from different DCAs that were all ignored. Not heard anything for years, but we have moved a few times..

 

I am assuming that this debt has been long sold off and then passed around the DCAs and Lewis have bought it.

 

I have not paid anything or acknowledged anything in writing since our daughter was born and she is over 7 now, so I'm thinking SB?

 

What would you do? Write the prove it/ this debt is SBarred letter? That the present DCA are not writing about enforcing a CCJ makes me think they are not aware of one, if indeed one exists. (I did use trustonline a couple of years ago to check on the last address that I received any communication at and that came back clear).

 

Is it still possible if a CCJ doesnt exist that they could apply for one now after all these years?

 

Have never checked my credit file mainly cos I didnt want to flag up a new address, but that reason would appear to be no longer relevant

 

Sorry for the ramble gang. If anyone has any immediate ideas, please shout.

 

Oh, and have a great weekend in the relative heat forecast!

 

Cheers

[citizenB]

If you have neither paid nor acknowledged liability for 6 years from the first missed payment (5 years in Scotland) then the debt is statute barred.

 

You should write and tell them this and that you have no intention of paying anything toward it, because until you do, they are likely to continue to pursue and could even issue a claim. Whilst a statute barred debt is easily defended, you might not want to put yourself to the trouble of having to do so.

 

The Statute barred letter is

 

HERE

 

This does not mean that the debt no longer exists, just that they cannot obtain a judgment because of the limitation act.

 

Hope this helps.

[MGBDriver]

Many thanks for your reply CitizenB,

 

Found the letter which I will amend accordingly. Is there a job title it should be addressed to eg. Compliance Mgr?

 

It will be sent early next week, & any reply will be posted up as and when.

 

Ps. How do I make a contribution to the upkeep of this site?

[citizenB]

I would send it to the Head office/registered office which should be on the letter - you should obtain at the very least a free proof of posting, however if you can afford it, send recorded delivery and keep a copy of your letter with the proof of posting.

 

You could address it to the Compliance manager, yes.

 

If you scroll down the very bottom of the page you will see a grey bar in a red outline. if you click on that a new window opens for PayPal donations. Many thanks

[MGBDriver]

CitizenB,

 

Just one more thing..

 

Have read the SB letter - my only observation is - if they then reply refuting the SB status, have I not by definition acknowledged the debt and opened up a can of worms?

 

I'm assuming (which is always dangerous) that this letter has been successful when used in the correct instance.

 

Yours,

[dx100uk]

there is nowt in that letter that says you are admitting to the debt

 

read it again.

 

i'd get you cra file

 

you need to be aware if a phantom payment has been 'arranged' in your absence.

 

just make sure all your old addresses show in the file too

 

dx

[MGBDriver]

there is nowt in that letter that says you are admitting to the debt

 

read it again.

 

i'd get you cra file

 

you need to be aware if a phantom payment has been 'arranged' in your absence.

 

just make sure all your old addresses show in the file too

 

dx

 

Just a quick update - had a third letter stating that If I didnt reply within 7 days they would send a debt collector around, (yeh right, and ignored), and now today have had a 50% discount letter - yes we will write off £6k+ if you can pay the other half by the end of May.

 

How these scumbags are allowed to pursue the original debt amount with charges, when they have clearly a massive amount of margin in the equation is utterly beyond me.

 

if debts are distressed and essentially written off, surely the maximum these clowns should be able to claim is what they paid for it tenth-hand.

 

This industry needs a massive shake-up.

 

Haven't sent the SB letter yet, I'm happy to see what comes next and react accordingly.

Edited May 16, 2013 by MGBDriver

[ScarletPimpernel]

The thing is, they are allowed to pursue statute barred debt unless and until you tell them you won't be paying, so the sooner you send the letter the sooner they'll stop. Or at least, the sooner they'll suggest it's not statute barred, and find a phantom payment that will turn out to be an unfortunate admin error on their part...

[MGBDriver]

The thing is, they are allowed to pursue statute barred debt unless and until you tell them you won't be paying, so the sooner you send the letter the sooner they'll stop. Or at least, the sooner they'll suggest it's not statute barred, and find a phantom payment that will turn out to be an unfortunate admin error on their part...

 

But the fact This debt is well over 6 years since paid/acknowledged and the lottery winner kind of letter received today suggests they know its dodgy?

[BRIGADIER2JCS]

Scarlet Pimpernel is correct send the SB letter you are gaining nothing by not doing so.

[Ros1609]

But the fact This debt is well over 6 years since paid/acknowledged and the lottery winner kind of letter received today suggests they know its dodgy?

 

Of course they know its dodgy. They are just hoping you don't know about statute barred debts and will cough up accordingly

[MGBDriver]

Of course they know its dodgy. They are just hoping you don't know about statute barred debts and will cough up accordingly

 

So If the debt is dodgy and well past its sell by date, is there any likelihood the present muppets might turn nasty? What can they realistically do now? I'm assuming they cant go ballistic and head off down the CCJ route? If that is correct why bother sending the SB letter?

[BRIGADIER2JCS]

Has it not sunk in, SB debt still exists and can be pursued by any means short of court action!!

[MGBDriver]

Has it not sunk in, SB debt still exists and can be pursued by any means short of court action!!

 

OK so any debt that is SBd can still be pursued - and the SB letter is supposed to get DCAs off your back because of the anti- harrassment paragraph? Is that all one is relying on? Assuming that is correct that only works until the present clowns sell the debt onto the next shower and the letters start up again.

 

Or did I miss something more fundamental?

[ScarletPimpernel]

 

Or did I miss something more fundamental?

 

Apparently.

 

The law prevents a creditor or DCA taking enforcement (i.e. court) action on a SB debt, but the debt still exists, and they can do anything short of court to try to get you to pay. However, the OFT, whose guidance on debt collection must be complied with by holders of consumer credit licences (i.e. DCAs), says that once the debtor has stated that they will not be paying a SB debt, it is unfair to continue collection activity.

 

So, simple summary: don't send SB letter, they'll carry on - send SB letter, they'll stop.

[MGBDriver]

Apparently.

 

The law prevents a creditor or DCA taking enforcement (i.e. court) action on a SB debt, but the debt still exists, and they can do anything short of court to try to get you to pay. However, the OFT, whose guidance on debt collection must be complied with by holders of consumer credit licences (i.e. DCAs), says that once the debtor has stated that they will not be paying a SB debt, it is unfair to continue collection activity.

 

So, simple summary: don't send SB letter, they'll carry on - send SB letter, they'll stop.

 

Thankyou Scarlet, you have clarified this and I understand now. Will post off the SB letter and wait for the next flurry of begging letters from whoever it get sold to next.

[BRIGADIER2JCS]

The OFT Guidance also states, that a company selling a debt should inform the purchaser of the status of the debt. (section 3.23 © refers).

[citizenB]

Also, their own Industry guidelines say that they should cease action once they have been informed that a debt is statute barred and that the "debtor" is no longer going to pay.

 

 

Stat barred debt[1].pdf

 

 

 

However, if your debtor has stated that they will not be paying a debt because it is statute

 

barred, these accounts should be closed and your records updated appropriately.

[BRIGADIER2JCS]

Indeed so, there is a section in the OFT Guidance that refers to the ''sale'' of debts that are statute barred, the debt should NOT be assigned/ sold without the purchaser being informed of the status of the debt.

 

When DCAs having been passing a debt around the murky depths of the industry after it has become statute barred is wise to inform any subsequent company that pursues an SB debt after a previous company has been advised that the debt has been sold to them in breach of the OFT Guidance section 3.23 © (page 14 of the 2012 revision of the guidance) refers'' may constitute unfair or improper practice''.

 

Ideal when certain debt purchasers/DCAs do not acknowledge a SB letter, as this is a good indication that they will sell the debt on.

[MGBDriver]

Quick update. CL Finance sent a letter about a month ago saying that the debt had been transferred to Robbers Way and to deal with them only. The first letter from RW was a standard debt collection letter that was filed under 'B'.

 

The next was a 'we realise that the present economic climate is difficult blah blah...and our client is prepared to accept 50% and the debt will be marked as partially settled'

 

What planet are they on exactly?! Partially settled? What, until the next mob come after the other half?

 

Still havent sent the SB letter yet, even tho its well past, but reading up on this thing called estoppel - anyone heard of it here and is it relevant?

[dx100uk]

if they are offering a discount that normally means ignore them

 

 

begging letter!

 

 

dx

[BRIGADIER2JCS]

If the debt is SB send the letter now and be rid of all of this now.