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Old debt being chased by buchanan c & w


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Been a while since I was on the site, but I have a new problem.

 

been getting a few letters from BCW recently and called them the other day to find out what it is all about. They are chasing me for approx £300 from an agreement I apparently signed in 1994 and stopped paying in 1995. truth is, I dont know if I can remember anything about this.

 

So......I have asked them to forward me a copy of the credit agreement. But I was thinking....Is this potential debt not time barred and therefore unenforceable?????? any advice on what to do next would be great.

 

 

 

Thanks comrades!:)

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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I would send them the CCA request letter and head it in bold underlined italic capital letters that you do not acknowledge any debt to them.

 

The Limitation Act 1980: Debt must be acknowledged in writing signed by the debtor.

 

Once Statute Barred, NO amount of acknowledgement can make it unbarred!

Send them the Statute Barred letter too.

 

HTH thumbsup.gif

 

Regards, Dave.

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/

 

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Cheers Dave. Just to be a pain, could you point me in the direction of the template?

 

 

This is a bit weird........like going back home and not really recognising anyone. Last November, I knew about 50% of people on the site!.

 

ps. The (really obnoxious) girl I spoke with on the phone told me the debt was still live because I had "absconded" and didnt let people know a forwarding address. Is this just BS??? I did move to Wales about 10 years ago with my work.

 

Needless to say, I really would like to stick one on them. Their attitude really was shocking.

 

 

thanks again for any help guys

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Cheers Dave. Just to be a pain, could you point me in the direction of the template?

 

 

This is a bit weird........like going back home and not really recognising anyone. Last November, I knew about 50% of people on the site!.

 

ps. The (really obnoxious) girl I spoke with on the phone told me the debt was still live because I had "absconded" and didnt let people know a forwarding address. Is this just BS??? I did move to Wales about 10 years ago with my work.

 

Needless to say, I really would like to stick one on them. Their attitude really was shocking.

 

 

thanks again for any help guys

Tell her you were doing time for murdering someone who annyed you on the phone.

 

Seriously though. If you have paid nothing on it for six years or acknowledged it in writing within six years of the last payment then can basically take a flying ****. They debt may still exist but there is sweet FA they can do about it. I wouildnt even wast the price of a stamp replying to them. Thay are talking crap

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Yes, the absconded line is total BS !

 

Here's the template..

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

The statute barred letter is the one above it :)

 

Regards, Dave.

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/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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From what i can gather Buchanan Clark and Wells have bought a load of old debts and are trying strong arm tactics. They are saying anything to make you think the debt is still active.

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From what i can gather Buchanan Clark and Wells have bought a load of old debts and are trying strong arm tactics. They are saying anything to make you think the debt is still active.

Legally the debt never goes away, dont forget that. Bad news

 

GOOD NEWS After 6 years if its not paid or a written admission made of it then they can NEVER enforce it. They can try whatever nully boy tactics, lies and bluffs they wish. After 6 yrs they can do F ALL about it and you can tell them to Foxtrot Oscar

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I have also been having trouble with BC&W, they are now in default of their obligation to supply me with a copy of a signed CCA.

 

Don't speak to the scumbags on the phone, when I used to (way before I learnt of the wonders of CAG) they wpuld bully, make me cry and threaten they could seize my animals and put me in prison, ensure when you do write to them, that you state you require every piece of correspondance from them in writing, this also seems to annoy them too!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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