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    • Hello, welcome to CAG. Can you tell us more about what happened please? Who stopped you and which shop? Best, HB
    • You don't mention what the debts are, which is important, as it really depends on the details in deciding best course of action. So list types of debt e.g credit card, type of loan, utility bill; current owner bank or dca; approximate amount for each debt.  And do you own any property assets. There is no blanket advice regarding all types of debts. Whoever you contact regarding debt advice would want to know all of the information. The debt buying businesses deal with multi billions worth of debts. They can't issue Court claims for most debts as the cost of pursuing would be ruinous and don't have staff resources. Instead they rely on credit records being impacted and therefore people need to resolve the debts. And they rely on anxious debtors paying amounts after receiving threatening communications. If you know you are likely to be made redundant, start looking for other employment soon. Due to longer recruitment processes being followed by employers, it can take about 3 months between applying and starting a new job.
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    • I posted a couple of years ago about our debt situation and have been trying to pay off our debt as best we can. It is a possibility I maybe made redundant in a few months time, so I am trying to find out everything I can about what happens in today’s world when you can’t pay. I keep finding conflicting advice on various sites so I wanted to post this quote to get thoughts. It claims basically that the dca will likely get enforceable documents these days and therefore it’s likely you will have to pay dca at some point during the 6 year process.    on here I read a lot of comments assuming the exact opposite of this. A lot of the threads on here state the beginning of the process but I never see conclusive stuff about what happened from start to finish to get insight into whether debts post 2015 have been enforced etc. I hear a lot here not to pay dca companies but most my debts are post 2015 debts I am all up to date on our debts but if I lose my job it is likely I’ll end up where I tried to avoid in the first place. Which is destroying our files and dealing with DCA. I’ll post it below so you can see what I mean.   It is likely that any debts incurred after 2007 will end up with all the documentation being provided and being enforceable. Therefore you should use the time while awaiting responses going through your Income & Expenditure and considering any possiblity of making a full and final settlement. It can take a number of months to reach the stage of a hearing date and exchange of witness statements and normally you would be able to settle or come to an arrangement to pay before the court hearing, once documents have been provided, although this isn’t guaranteed.
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Buchanan Clark + Wells - Urgent Help Needed


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Hi everyone

 

My hubby received a letter about 2 -3 weeks ago regarding a very old debt to the Halifax, the pursuers of this debt are Thames Credit Ltd. Nothing has been paid on this account for about 9 years although about 3 years ago he received a letter regarding this debt but ignored the letter!

 

Then he received a letter from BCW this morning in bright red letters saying that as he has not responded to Thames Credit Limited :-

 

"You were informed in our last correspondence (2-3 wks ago) of impending court action, as part of that process, we must advise you that authority has now been granted to proceed with a Personal Visitation by a Debt Investigation Officer at your home address.

 

Please can anyone advise me of the best way to deal with this, am I better of trying 6 years have passed so tough or I am better sending a pound and requesting CCA. ( I think thats right, not 100% sure, I only know anything about these options from reading this site.

 

If I go down the 6 year route am I acknowledging that the debt is my hubbys and could that somehow back fire on me or am I better off trying to delay things a bit with the CCA request.

 

I would be really grateful for any advice as we are in a TOTAL mess at the moment with our finances and I am desperately trying to get us back on an even keel.

 

THANKS :confused:

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Guest jamesroberts

If the debt is that old (9 Years) and you have not acknowledged it then it is statute barred and yet another example of a shady dca trying their hand and hoping you do not know your rights.

 

If you search this sites library you will find a template letter telling them that this debt is statute barred and no longer active.

Its just another unscrupulous dca hoping you do not understand the law.

The dca know perfectly well this debt is not collectable but they are trying to trick you into paying by scaring you.

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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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Hi BB

 

Thanks for the support, the annoying thing is the debt is BANK CHARGES, my hubbys totally useless with his finances, so in actual fact they are unlawful anyway!! :evil:

 

Just can't take any more s*** from DCA's, I've had enough.

 

Good luck with yours and keep me posted.

 

Speedy :-)

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Hiya Speedy :)

 

*virtual hugs*

 

You're stronger than them with our support ;)

 

Just remember, there's thousands here ready, willing and able to help you :) A large number of us going through similar situations, trying to get to the bottom of these alleged debts, often not even knowing what they are or where they've come from :mad:

 

Will keep you posted, thanks :)

 

BB

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Guest jamesroberts

The debt is bank charges eh......

 

If thats the case I think there is a very good chance they will be oweing you money before long.

Why don't these people just learn that there is a revolution taking place and you really don't want to be a financial institution or one of their debt collecting monkeys at the moment :)

 

Along with sending this request to the dca I should also send the same letter to the original lender and make sure you get a full list of all the charges added to the account as I think you need to be claiming those back.

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Interum Justicia made the mistake of coming after me for a £1K overdraft made up of charges from RBS. RBS ended up owing me £4K over and above the £1K overdraft after contractual interest.

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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Thanks for your input guys, but I didn't think I could chase the Halifax for refund of charges because the debt is so old, my hubby doesn't even have any info regarding the account number or anything. :sad:

 

That was brilliant what you did Rory but I don't know if I would have the guts to attempt that when they are chasing the "alleged debt". Was it hard going and complicated?

 

Speedy :-)

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Not at all hard going (but then I am quite hardened to their threatening letters and am aware of what they can and can't do).

 

I think it basically comes down to deciding who's going to win - I am fairly competitive by nature.

 

Really it doesn't matter if you don't know the account number, from the name on the account and addresses they can quite easily find it.

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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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've just read on another thread somewhere that when you send letters to DCA's you don't sign them you just print your name.

 

If thats right i've cocked up big style, I sent a statute barred letter for my husband yesterday but I got him to sign it.

 

ANY REASSURANCE OR ADVICE WOULD BE APPRECIATED, I'M STARTING TO STRESS!!!!

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Guest jamesroberts

Don't worry about it, makes no difference.

As long as you have not admitted to any debt in the letter there is not any problem.

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A debt can not be unstatute barred.

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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Once a debt has become statute barred then it doesn't matter if you admit the debt as the debt can not be enforced. While the debt still exists it is up to the debtor whether they choose to pay it or not. If you state that you will not be paying the debt then no further attempts to collect should be made.

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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