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:o help me !! i am claiming bank charges against abbey and now recieved a letter last year in may 2006 asking for an overdraft i was paying back in 1997 to be paid in full.the story is that the bank account was closed and i was paying the amount £50 over the phone.this got harder as they lost the account so in 1998 i stopped paying.Now i have started to claim bank charges the have sent this loan i forgot about to 1st credit.When they contact me in May 2006 i was advised to send a letter stating i request under the 1974 consumer credit act for the info they have.

 

Copy agreement of original creditor

 

Deed of assignment

 

Default notice

 

They are obliged to send these within 30 days.

I also send a request for deed of assignment and default notice to the original creditor.

they only sent the reply to the above 12 months later! i now have another letter and been phoned me!!! i stated i was seeking advice under the statue limitations and they stated they cannot take legal action but they threatened me to get their money please help !!!:eek: i nee help bumping another thread also!

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If you haven't made a payment or acknowledged the debt in writing for a 6 yr period then it will probably be covered by statute of limitations and thus be unenforceable. If they are stating they will pursue you anyway then this will be a clear breach of OFTs debt collection guidance in relation to time barred debt - you could complain to OFT or a better option is to approach trading standards. Useful link below re limitations:

 

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

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:) thanks for your advice ! i did a year ago, panic :eek: and say it was me and that the year was over 6 years old and i might pay but i have sought advice then and now a year later for the further letters and threats they have made. would this go against me? the latest most recent call today i did quote statue of limitations but the threatened they will get thier money!what will happen can they send in baliffs?? any advice re this as the letter states them or ccj or application ot my employer? i have sent a letter from web page you quoted.:idea:
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Georgie, do not deal with these people on the phone where they can threaten all sorts of things that they would not dare put in a letter.

 

If the debt is older than 6 years, and you have not a] paid any money off the debt in that time b] not acknowledged that you have a debt with them in writing [phone calls do not count] c] do not have an outstanding default

registeres against your name and d] you have not got a ccj on the account

then the debt is statute barred and even if they take you to Court, even the Judge cannot force you to pay.

 

Do not worry about bailiffs-they can only be used after a Court case has been

heard and a fine imposed and not paid for some time after.They cannot be sent just because some scummy debt collector says they will be round. It needs an order from the Court for bailiffs to be used. Likewise a ccj can only be applied to the account after a Court hearing-and your case would be

kicked out by the Judge if it is statute barred.

 

Sorry-I have just noticed that they have sent you a letter. If you are sure that your debt is out of date, then complain to your local Trading Standards

office about the letter since it is harassment and in breach of OFT guidelines.

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