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12 yrs old debt recovery. Is this possible?


betty02
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Hi I am concerned about a debt collection recieved this morning.I immediately rang the no concerned to querry this.They did not know what it was for and said the sum of £425 was to be paid immediately.I said I would`nt mind paying this, if I knew what for. Apparently under an address of over 12 yrs ago, this ammount was outstanding.

 

I have no idea what this is for and the collectors are allowing me 72 hrs to try and find out for myself - Can anyone advise me of what to do, and if they are tracing me for this debt, Why dont they know what for?

 

Thank You....

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I have no idea what this is for and the collectors are allowing me 72 hrs to try and find out for myself

This is very noble of them! It's actually their responsibility to tell you what it's for and for them to prove it too!!!

 

This is also most certainly going to be Statute Barred as CB rightly points out. There's a letter you can send for this, a direct link is just below.

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162366

 

Good luck with it!

 

Regards, Dave.

 

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Thank you both I felt pressured but now I have an idea of where to go.Thank You and appreciate your response!

 

Dave post was helpful do I click scales and join dig to leave feed?

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Maybe I'm just being a little 'picky', but the paragraph in that letter:-

 

"The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed."

 

...perhaps would be better phrased as:-

 

 

"If the last payment of this alleged debt was made over six years ago, and no further acknowledgement or payment has been made since that time, unless you can provide evidence of payment or written contact between us in the relevant period under Section 5 of the Limitation Act, we advise that you are unable to take any court action against an alledged debtor to recover the amount claimed."

 

 

I know it's probably splitting hairs, but taking into account Curlybens statement in post 2, there is no admission or even acknowledgment a debt exists whatsoever in the second version, and the onus shifts back to the pursuer. No question of avoidance, just a statement of fact.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Hi betty,

 

 

From this moment forward do not talk to them on the phone anymore.

 

You require all communication in writing!:) Send all your letters recorded delivery and keep the red receipt! OK!

 

 

Best wishes, Jeff.

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Hi betty :)

 

Just out of interest, which DCA is it?

 

Good luck and best wishes,

 

BB

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If no acknowledgement is made in writing or by payment, then after SIX years a debt becomes statute barred, unless the debt was purposely avoided by possible deception.

 

well it also depends on what the debt is for too.

 

we possibly might need more info with regard to what the debt is for.

 

if it's a simple debt such as a credit debt then it would be six years.

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The problem is I don`t know what the debt is for and apparently nor do the collectors, they said possibly electrical. I have moved country/address for 12 yrs now, and have had the collection agency now with my new address say this is my debt....Yes it is over 12 yrs ago, and No, I havent heard from them in 12 yrs and No nothing has been paid in 12 yrs,where do I stand and Is it not there responsibilty to know what there collection of DEPT is for?

 

Also I have a completely clean record of finance

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and Is it not there responsibilty to know what there collection of DEPT is for?

 

Completely their responsibility. If I came up to you in the street and told you you owe me £20, would you give it to me? Certainly not. I would have to prove that you owe me £20. It is exactly the same principle.

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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