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Statute Barred Debt Clarification & About Sending The Template Letter


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Hello All,

 

I have in the past told Op's to send the Statute Barred letters from the Template section in the Library.

 

However now it has been posted not to send the Statute Barred letter until a claim form has been received, which is why I have got to ask why?

 

The op has came to CAG because they are being bullied, harassed, intimidated & threatened with Court Action (sometimes as an idle threat, others for real) by the ruthless DCA collection practises.

 

Now they have found their way to CAG, through postings between CAG members and the Op if it is found out that the debt is Statute Barred, they are then told that the general consensus is to await a Court Order or as I interpret it is to stick their head back in the sand (although with more knowledge on their position).

 

I know that sending the Statute Barred letter opens up Ghost Payments etc. but in my view that is far better for the Op to deal with than sitting at their kitchen table staring at a County Court claim Form.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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if we look at:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7.15-Statute-barred-debts

 

it clearly states that once the 'debtor' tells the 'creditor' the debt is SB'd then demanding money should cease

 

however the debtor needs to be sure the debt IS statute barred.

 

that varies with the type of debt, and the actions already taken by the 'creditor' or 'buyer'.

 

.......

 

if the debt is very obviously statute barred then yes check all the facts and send the letter.

 

however it needs to be borne in mind there's nothing that says the 'creditor/buyer' cannot then still 'ask' for payment.

and the 'debtor' ask them to go away...letter tennis time.

 

...........

 

if its debateable if the debt is SB'd, then sending the letter could be seen as acking the debt, [which why we state do not sign it] even with a disclaimer.

and would probably encourage the 'creditor/buyer' to issue before it does go SB'd as the 'debtor' thinks he knows his eggs

 

............

 

so not sending the letter wont lead to a claimform, and if one comes, its then you defend using the SB defence.

 

..........

 

sending the SB letter wont stop a 'creditor/buyer' issuing a claimform...its no magic bullet

 

..........

 

keep your powder dry.

 

 

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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I can see the confusion. You cant send a SB letter if you have a claim form . You only send it pre receiving a claimform.

When you get a claim form, use our SB defence instead.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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