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settling an old debt


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First time ive posted but I hope someone can give me some advice.

 

I have a few debts but one in particular is for 5k.

 

I stopped paying the credit card just over 5 years ago and a DCA have just started writing to my parents again re. the 5.5k (apparently they have sold it to another company) note in the 5 years they've had no contact with me at all (went travelling to get away from it all!).

 

My parents have got a solicitor to write to them and apparently he's offered 20%, however he says that the dca claim they cannot talk to the solicitor without my written consent (due to data protection act).

 

Is this correct or do they have an alterior motive. I've heard after 6 years and no contact that they cannot chase me is that correct?

 

What would be the best course of action?

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Your parents can't be held responsible for your debts - it's simply not their problem. The DCA is only writing there because they've got their address as a contact address for you. They are also right (for once) in refusing to negotiate with your parent's solicitor (although most don't care where they get the money from) because they would be breaching the DPA by discussing your personal issues with a third party without your prior written consent.

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The DCA is having one last attempt before it becomes statue barred. Personally if it was very close to becoming barred I would have ignored it but in your case you have sent a letter so you need to find out wheather that counts as contact and resets the 6 years. If it has your going to have to go travelling all over again.

If its not counted you might be lucky and get away with it.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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Well the letter was sent on behalf of my parents not me so I have sent nothing.

 

What about if they start hassling me what should I do because its another 9 months before it will be statue barred as you say.

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Send them a CCA request first making them prove the debt. That will stall them for a while - they may even not find it/provide anything other than your application and then they cannot collect - although the debt will still exist but be unenforceable.

 

you must always make sure that if it's a DCA they actually have a right to collect any debt. Letter N in the templates section.

 

Put on the top:

 

"I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY"

 

Enclose a £1 Postal order - do not send a cheque with your sugnature on it.

 

Also, ask for the Deed of Assigment that allows them to pursue any original debt.

 

Any further help, just shout, but there are loads of people going through this at the moment so you will find lots of good advice here.:D

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Send them a CCA request first making them prove the debt. That will stall them for a while - they may even not find it/provide anything other than your application and then they cannot collect - although the debt will still exist but be unenforceable.

 

you must always make sure that if it's a DCA they actually have a right to collect any debt. Letter N in the templates section.

 

Put on the top:

 

"I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY"

 

Enclose a £1 Postal order - do not send a cheque with your sugnature on it.

 

Also, ask for the Deed of Assigment that allows them to pursue any original debt.

 

Any further help, just shout, but there are loads of people going through this at the moment so you will find lots of good advice here.:D

 

 

I'm guessing that in order to stall them as long as possible I should try to avoid contact for as long as possible.

 

If I CCA them and they provide the correct info before the 6 years does that mean that even if the six years run out they can still enforce it as they have provided this proof before the 6 year deadline?

 

If so surely I should try to just let the six years run?

 

p.s. Thanks for the reply.

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No they were writing to me at their address, they were getting calls and letters and got a solicitor involved. Apparently it went quiet but now another company are on the case again :-(

 

If I have to engage with them and send them a CCA Request and they provide the correct info does the 6 years reset? I am thinking about going away again to buy some time...

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I doubt that is really the right way forward.

 

What was the last correpondence you had with the latest pursuer, when was it and what did it say?

 

I doubt your parents letter affects the timelimit but send a pm to someone like Rory32 or bookworm and they will give you some advice on the best way forward.

 

Good Luck.

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  • 2 months later...
my son has been sent letter saying he owes £300 for hsbc it is well over 6 years does that mean that they cant get money of him

If it's over 6 years since the debt was last acknowledged (which means making any sort of payment or otherwise accepting that it exists) then the debt is statute barred and unenforceable under the Limitation Act.

 

However, if a CCJ has ever been issued in favour of the creditors during this time then the Limitation Act doesn't apply and it can still be collected.

 

In summary, if the DCA is trying to collect a debt which has never been to court, they can't, their time is up. But if they're trying to collect under a CCJ, they can.

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If it's over 6 years since the debt was last acknowledged (which means making any sort of payment or otherwise accepting that it exists) then the debt is statute barred and unenforceable under the Limitation Act.

 

However, if a CCJ has ever been issued in favour of the creditors during this time then the Limitation Act doesn't apply and it can still be collected.

 

In summary, if the DCA is trying to collect a debt which has never been to court, they can't, their time is up. But if they're trying to collect under a CCJ, they can.

andena my son is signing on your site i have told him not to get incontact with them ,he said he did not have a hsbc account at the time he said he was with nat west they are talking about 7 years he has never been asked to pay debt or he has never had ccj for this.he has been on line to open hsbc account which he did get.he told me the of dca is Lowell from leeds has anybody know them
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If it's over 6 years since the debt was last acknowledged (which means making any sort of payment or otherwise accepting that it exists) then the debt is statute barred and unenforceable under the Limitation Act.

 

However, if a CCJ has ever been issued in favour of the creditors during this time then the Limitation Act doesn't apply and it can still be collected.

 

In summary, if the DCA is trying to collect a debt which has never been to court, they can't, their time is up. But if they're trying to collect under a CCJ, they can.

 

to clarify, for the purpose of the Limitations Act, the limitation period can be restarted thorugh payment or by written acknowledgement; verbal acknowledgement does not restart the limitation period.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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