Advice needed for BCS

[benzuko]

Hi,

I recently received a letter from a company called Bryan Carter solicitors about a debt with Frederick or something.

 

The first time I started hearing from Freds was way back in 2007 and have just ignored them as have no Idea what it was.

 

But it did say Vodafone on the original letters years ago.

 

this letter from BCS says I owe Lowell £2000 odd plus fees and have 14 days to pay it.

 

I have a feeling I shouldn't be ignoring this one but have no legal experience.

 

Any advice would be appreciated.

[renegadeimp]

Sounds like they could be chasing a lemon debt.

 

Has it been six or more years since your last correspondance and payment to the debt (5 in scotland)?

 

If so, simply send them the statute barred letter.

[benzuko]

I don't believe I have ever paid or made any correspondence with Freds, Lowells or BCS. This all started sometime in 2007 so it will just be 6 years.

[benzuko]

would they ba able to take me to court if I ignore it?

[renegadeimp]

If they did, and you are absolutely sure it is SB, then you can use SB as an absolute defense. However, instead of waiting till then, it is better to deal with it asap. Carter and lowells are VERY litigious, so its best to nip it in the bud fast.

[citizenB]

Agreed, if you have made no payment or acknowledged any liability for this debt for 6 years then it is statute barred and whilst the debt doesn't disappear, it cannot be collected via the courts because of the statute of limitations.

 

You could check your credit files to see if this debt is still being reported. A default marker would usually be placed up to 6 months after the first missed payment.

 

You will find a draft Stat Barred letter in the CAG library. Until you advise the DCA that it is statute barred and you will not be making payment or accepting liability then it is likely they will continue to make attempts to recover the debt. With Lowells, that might well take the form of a Statutory Demand, which is the first step to a bankruptcy petition.

 

So, establish when you made the last payment and if over 6 years, send the stat barred letter as a matter of urgency.

[benzuko]

Thank you, I'm not registered with any credit check agency so will take few days to set one up.

[benzuko]

and what happens If I send the letter and I've overlooked something and its not Statute Barred.

[renegadeimp]

You cant really overlook it.

 

In my opinion. send the statute barred letter and see what comes back. If they say you made a payment in november 2007 or march 2008 then i guarantee it is Statute barred.

 

Remember the golden rule of dealing with debts. It is up to them to prove you owe anything. Not for you to prove you dont. Thats why you send the SB letter.

[benzuko]

Thanks for the advice. I accidentally binned the letter so don't have the reference number. I just edited the letter and replaced the reference with just my name. I assume they will find me. Just to reiterate, they have tried to contact me in 6 years, but I haven't contacted them or paid anything in 6 years. Does that still qualify as SB?

[benzuko]

Oh and another thing, if it turns out its not SB does that mean that with that letter im acknowledging the debt and I have to wait another 6 years. Sorry to harp on but im worrying about this.

[Lee Vodafone Company Rep]

Hi benzuko,

 

If you'd like me to help you with getting to the bottom of things here could you email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To make sure it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK

[*northstar*]

Hi did you get this sorted ? if so what was the outcome thanks

Oh and another thing, if it turns out its not SB does that mean that with that letter im acknowledging the debt and I have to wait another 6 years. Sorry to harp on but im worrying about this.

[ericsbrother]

You must have paid or acknowledged the debt as yours within that time for it not to be statute barred. Them writing to you every day doesnt change the date when you last paid something. Tell them that it is SB and let them prove otherwise. If they claim it isnt write to them and ask for a statement of account and look for the phantom £15 payment (always seems to be the same erroneous amount on every account) and if it is there challenge them as to how it was paid and by whom. That kills it. They may also say that it is not SB because it was assigned on such a date but that is not the right measure, it is when the debt became payable which is normally a month after the last bill or payment.