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1st credit says a refund by the OC has reset the already expired SB clock?


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Hi there

 

need some help urgently,

 

i have a debt for 6k which has been statute barred for the last 6months

 

when i say statute barred, the last payment was september 2008, and the default date january 2008.

 

the dca 1st credit, contacted me in september, i requested statement of account, and they left me alone.. after which i never heard nothing again.

 

about 2 weeks ago, i started receiving phone calls which i ignored from them.

 

today in the post i have received a letter from the original creditor who sold the debt to 1st credit,

that back in 2008 they applied a charge to my account when they transferred the debt to another company.

 

and that they were refunding this charge to my account , and also gave me a cheque for the same sum aswell, as a gesture of goodwill.

 

they also state that they have contacted 1st credit to apply this to my account.

 

im in dire straights now, because the original creditor has done this,

 

surely 1st credit can argue because a payment has been received, that this debt is not statute barred? even though its been statute barred since the beginning of the year.

 

has anyone got any experiences in this situation...

 

ive worked so hard to get myself sorted, and now this happens..... i may be panicking for no reason,

 

but it all seems very convenient that since receiving these phone calls a couple of weeks ago, this happens..

 

 

hope someone can give me some advice...

 

thanks

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correct

 

matters not what a creditor or a DCA does

 

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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and that they were refunding this charge to my account , and also gave me a cheque for the same sum aswell, as a gesture of goodwill.

 

When did this refund happen. I am not sure but i think accepting this GOGW cheque is acknowledging the debt unless it was already SB before they issued it.

 

If it was already SB then not even a judge can revive it

HTH (Hope This Helps) RDM2006

 

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Correct as above, accepting a Goodwill Gesture doesnt count as its for issues aside of the debt. However if a payment is made within the 6 year period the clock restarts.

 

One other thing *Cough*-*Splutter* *1st Credit* *Cough* *Phantom Payment*

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Nothing to worry about, just 1st crudit chancing their scrawny little arm.......again!

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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I own the moon and will charge you for looking at it. Just as enforceable.

You have to mak the payment before it becomes SB, not a credit by someone else afterwards to reset the clock. As said, they know this but are trying to make you think otherwise and hope that your ignorace will earn them a few quid. You could complain to the FCA but they will claim that it was an honest mistake or misunderstanding, just like the last 970 times.

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I own the moon and will charge you for looking at it. Just as enforceable.

You have to mak the payment before it becomes SB, not a credit by someone else afterwards to reset the clock. As said, they know this but are trying to make you think otherwise and hope that your ignorace will earn them a few quid. You could complain to the FCA but they will claim that it was an honest mistake or misunderstanding, just like the last 970 times.

 

970 times... Seems a bit low for CAG...

Thought it was in the thousands.... :lol:

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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hey thanks for the many replies

 

the letter and the cheque was from BOS the original creditor who sold the debt on to a collection agency years ago,

and then who sold the debt to another collection agency first credit.

 

the letter and cheque was from BOS..

 

but they explained that they informed 1st credit to credit my account with the fee. and also sent me a goodwill gesutre of £50.

 

what confused me was that BOS didnt have my new current address...

but the letter came from them,

so i can only assume that they contacted 1st credit to get my up to date details so they could contact me.

 

i am feeling a bit more relieved after hearing your replies

 

as the debt was statute barred septemeber last year..

 

and have all paperwork to back this up

 

so thank you all :)

 

can rest easy tonight

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